The Mussalman Wakf Validating Act, 1913 (hereinafter referred to as “The Act”) came into force on 7th March, 1913 during the British rule. However, after the post Independence, it is still in force through the Adaptation of laws (No. 3) Order, 1956. Moreover, The Mussalman Wakf Validating Act, 1930 was enforced by the Britishers. The primary aim behind enactment of the said act was the application of wakfs created before the enactment act of 1913. Hence, the 1930 Act was legislated in order to make the application of 1913 Act retrospective.
The Act consists of five sections. The objective of the Act is to declare the rights of Muslims for the purpose of Wakf. Wakf, as defined in Section 2 (1) of the Act, provides that any person professing Islam can dedicate any property for the purpose recognized as religious and charitable. This Act has primarily been enacted to remove doubts regarding wakf made in favour of themselves or their families or for any charitable purposes.
The Act is applicable to all the provisions of India except those that were considered as Part B states before 1956. The Constitution of India divides Indian Territory into three different states in which Part B state is one of them. Part B consisted of eight states which formerly were princely states which were ruled by Rajpramukh. This part was substituted by the Adaptation of laws (No. 3) Order, 1956.
Section 3 deals with the powers vested in Muslims for creating wakfs. The wakf is created for the maintenance and support of his whole family. However, those Muslims who follow the tenets of Hanafi School of Mulim law will have the right to create wakf for themselves for the purpose of lifetime maintenance and support. A proviso has been attached to section 3 which provides that the ultimate benefit will be in serving the poor or for any religious, pious and charitable purposes provided they must be of permanent character. Section 4 provides that if any wakf is created for poor or for any other religious or charitable purposes after the extinction of family, children and descendants, in that case, the remoteness of the wakf will not be considered invalid and will continue to be in existence. This Act would not affect any local usage or custom prevalent in any particular Muslim Community.
by Neha Dayal.