Wakf validating act 1913

02-Apr-2016 00:30 by 3 Comments

Wakf validating act 1913

is an unconditional and permanent dedication of property with implied detention in the ownership of God in such a manner that the property of the owner may be extinguished and its profit may revert to or be applied for the benefit of mankind except for purposes prohibited by Islam.” , who describes the visit of a person before Mohammed and who asks for advice in regards to a valuable piece of land he owned.Absorbing this extract from ancient Arabic tales demonstrates the challenging source and origin of much of the traditional Muslim law.

The following acts are formed by the Central Government as per the Indian Constitution. Also see : Central Government Ministries Government Acts(By Topic) Government Schemes Legal Resources Maharashtra Government Departments Bills in Parliament ACT No.6 OF 1913[AS ON 1959]{ This Act has been declared be in force in the Sonthal Parganas by Notification under s.3 of the Sonthal Parganas Settlement Regulation (3 of 1872), see B.& O.

It has been applied to wakfs created before its commencement, see the Mussalman Wakf Validating Act, 1930 (32 of 1930), s.2.}An Act to declare the rights of Mussalmans to make settlements of property by way of "wakf " in favour of their families, children and descendants.[7th March, 1913.]WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; It is hereby enacted as follows:-1.

VI of 1913 [7th March, 1913] An Act to declare the rights of Mussalmans to make settlements of property by way of " wakf " in favour of their families, children and descendants.

WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman, faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or chari­table purposes ; and whereas it is expedient to remove such doubts ; It is hereby enacted as follows :[(3) It shall be deemed to apply to wakfs created before its commencement; Provided that nothing herein contained shall be deemed in any way to affect any right, title, obligation or liability already acquired, accrued or incurred before the twenty‑fifth day of July, 1930.] 2. In this Act, unless there is anything repugnant in the subject or context, For Statement of Objects and Reasons, see Gazette of India, 1911, Pt. 107; for Report of Select Committee, see ibid., 1913, Pt. This Act has been amended to the extent of Islamabad Capital Territory, see Ord. [Muslim] law, for the following among other purposes:- (a) For the maintenance and support wholly or partially of his family, children or descendants, and (b) Where the person creating a wakf is a Hanafi [Muslim], also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the [Muslim] law as a religious, pious or charitable purpose of a permanent character. Wakfs not to be invalid by reason of remoteness of benefit to poor, etc.

V, p.39; and for Proceedings in Council, see ibid., 1911, Pt. No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.

WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; It is hereby enacted as follows:2.

In this Act, unless there is anything repugnant in the subject or context,- (1) “Wakf” means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Musslman law as religious, pious or charitable.(2) “Hanafi Mussalman” means a follower of the Mussalman faith who conforms to the tenets and doctrines of the Hanafi school of Mussalman law.3.It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law, for the following among other purposes:- (a) for the maintenance and support wholly or partially of his family, children or descendants, and (a) where the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognized by the Mussalman law as a religious, pious or charitable purpose of a permanent character.4.No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf. THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. The income from boxes placed at a shrine and offerings, subscriptions or articles of any kind, description or use presented to a shrine or to any person at the premises of a shrine, shall be deemed to be waqf property. Property of any kind acquired with the sale proceeds or in exchange of or from the income arising out of waqf property or from subscriptions raised for any purpose recognised by Islam as religious, pious or charitable shall be deemed to be waqf property.

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