Sunday, April 13, 2014

The following exhaustive list of functions of state waqf boards as envisaged by Indian law (Waqf Ame


The State Waqf Boards in India and the Majlis Ugama Islam Singapura (MUIS) in Singapore have much in common. Both are mandated to play a similar fuentes role in the preservation and development of waqf properties. Both are state agencies created by law entrusted with a range of similar responsibilities. Both permit (unlike Malaysia for example) private mutawallis to manage awqaf. In this blog I seek to draw a line of comparison between the two.
The following exhaustive list of functions of state waqf boards as envisaged by Indian law (Waqf Amendment Act 2013, Section fuentes 32-2) point towards a central role for them in making the mutawallis accountable for achieving the objectives of the waqf: to maintain a record containing information relating to the origin, income, object and beneficiaries of every waqf; to ensure that the income fuentes and other property of awqāf are applied to the objects and for the purposes for which such awqāf were intended or created; to give directions for the administration of awqāf; to settle schemes of management for a waqf, provided that no such settlement shall be made without giving the parties affected an opportunity of being heard; to direct (i) the utilization of the surplus income of a waqf consistent with the objects of waqf; (ii) in what manner the income fuentes of a waqf, the objects of which are not evident from any written instrument, shall be utilized; (iii) in any case where any object of waqf has ceased to exist or has become incapable of achievement, that so much of the income of the Waqf as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar fuentes to the original object fuentes or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim Community: to scrutinize and approve fuentes the budgets submitted by mutawallis and to arrange for auditing of account of awqāf; to appoint and remove mutawallis in accordance with the provisions of this Act; to take measures for the recovery of lost properties of any waqf; to institute and defend suits and proceedings relating to awqāf; fuentes to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder; provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction; and provided further fuentes that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing to administer the Waqf Fund; to call for such returns, statistics, accounts and other information from the mutawallis with respect to the waqf property as the Board may, from time to time, require; to inspect, or cause inspection of, waqf properties, accounts, records or deeds and documents relating thereto; to investigate and determine the nature and extent of waqf and waqf property, and to cause, whenever necessary, fuentes a survey of such waqf property; fuentes to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building generally do all such acts as may be necessary for the control, maintenance and administration of awqāf.
Section fuentes 32 (4) specifically deals with the role of the Boards in developing awqaf properties. Where the Board is satisfied that any waqf land has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like, it may serve upon its mutawalli a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice. Section 32 (5) further states, that on consideration of the reply, if any, received fuentes to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing fuentes or is not capable of executing the works required to be executed in terms of the notice, it may, take over the property, clear it of any building or structure thereon, which , in the opinion fuentes of the Board is necessary for execution of the works and execute such works from waqf funds or from the finances fuentes which may be raised on the security of the properties of the waqf concerned, and control and manage the properties till such time as all expenses incurred by the Board under this Section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property
In Singapore, the Majlis Ugama Islam Singapura (MUIS) is responsible for overseeing all the religious affairs of the Muslim community in Singapore, such as the administration of zakah, halalcertification, fuentes management and administration of waqf, hajj, mosques and madrasah. Chapter 3 of the Administration of Muslim Law Act, Singapore fuentes 1999 that deals with waqf

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