6.

One of the Muslim laws enshrined in the Shariat is the Marz-ul Maut or gifts made
by a Muslim on his death bed.Generally the trend among Muslims earlier was not to
make a will or ‘Wasiyat’. Hence Islamic law thought it prudent to lay down a set of
laws regarding disposal of property when a Muslim was on his death bed. This is
referred to as Marz-ul- Maut. Gift during Marz-ul-Maut is one form of testamentary
succession. Gift during Marz-ul-Maut means gift on the death bed. When a person is
very seriously ill and on the apprehension of death and he makes a gift at that time,
then it will be a gift during Marz-ul-Maut.

7. How wakf is Created?

1. By an act of a living person (inter vivos) – when a person declares the dedication of
his property for Wakf. This can also be done while the person is on death bed
(marj-ul-maut), in which case, he cannot dedicate more than 1/3 of his property for
Wakf.

2. By will – when a person leaves a will in which he dedicates his property after his
death. Earlier it was thought that Shia cannot create Wakf by will but now it has been
approved.

3. By Usage – when a property has been in use for the charitable or religious purpose
for time immemorial, it is deemed to belong to Wakf. No declaration is necessary and
Wakf is inferred.

Grounds on which Mutawalli can be removed?

(1) Notwithstanding anything contained elsewhere in this Ordinance or in any other

law for the time being in force, the Administrator may, on his own motion or on an
application of any 1[ beneficiary], remove a mutawalli-

(i) for breach of trust, mismanagement, malfeasance or misappropriation; or

(ii) for any act of the mutawalli causing loss of waqf property or affecting the proper
administration, control or preservation of the waqf; or
(iii) if the mutawalli has been convicted more than once under section 61 of this
Ordinance; or
(iv) if the existing mutawalli is found unsuitable, incompetent, negligent or otherwise
undesirable:

Provided that no such order for removal of a mutawalli shall be made without giving
him an opportunity of being heard.

(2) A mutawalli aggrieved by an order under sub-section (1) may, within three months
from the date of communication of such order, appeal to the District Judge against
such order of removal:

Provided that no appeal shall lie against an order under sub section (1) unless the
mutawalli has made over charge of the waqf to the new mutawalli appointed under
sub-section (4).

(3) A revision from every order passed in appeal by the District Judge under sub
section (2), if presented within ninety days from the date of such order, shall lie to the
High Court Division], whose decision shall be final.

(4) When a mutawalli has been removed, or when a mutawalli has resigned and his
resignation has been accepted, the Administrator may appoint a new mutawalli to
whom the outgoing mutawalli shall make over possession and charge of management
of the waqf property together with the cash and all papers relating thereto by such
date as may be specified by the Administrator.

(5) If an outgoing mutawalli fails or refuses to make over possession and charge of
management of the waqf property together with the cash and all papers relating
thereto to the succeeding mutawalli under sub section (4), the succeeding mutawalli
or the Administrator may apply to the Deputy Commissioner who shall evict the
outgoing mutawalli and make over possession of the waqf property together with the
cash and all papers relating thereto to the succeeding mutawalli or the Administrator,
as the case may be.

(6) When a mutawalli commits a breach of trust or does any wrongful act causing loss
to the waqf property, he shall be liable to make good the loss sustained by the waqf
property or its beneficiaries.

Math means a Hindu religious institution with properties attached thereto and
presided over by a person, the succession to whose office devolves in
accordance with the direction of the founder of the institution or is regulated by
usage and (i) whose duty it is to engage himself in imparting religious
instruction or rendering spiritual service; or (ii) who exercises or claims to
exercise spiritual headship over a body of disciples; and includes places of
religious worship or instruction which are appurtenant to the institution.

"Temple means a place by whatever designation known used as a place of

public religious worship, and dedicated to, or for the benefit of, or used as of
right by, the Hindu community or of any section thereof, as a place of public
religious worship.