Mutawallī (متولى)
Definition
Mutawallī (متولى), literally meaning “a person endowed with authority,” is a legal term in Islamic law used to designate an individual who is entrusted with the management and oversight of a religious endowment, known as a waqf (وقف).
Etymology
The term Mutawallī derives from the Arabic root word “ولّى” (waliya), which means “to govern” or “to take responsibility.” The term, therefore, signifies a person who holds stewardship or custodianship over a certain responsibility, in this case, a religious foundation.
Arabic: متولى
Turkish: Mütevelli
Responsibilities and Duties
The Mutawallī is responsible for the day-to-day management of the assets and affairs of the waqf. This includes ensuring that the objectives of the waqf are upheld, managing and preserving the property, and adhering to the terms laid out in the waqf deed (waqfiyah). Specific duties may include:
- Financial Management: Ensuring that the funds are used appropriately for the intended purpose, such as mosque maintenance, educational scholarships, or charitable activities.
- Property Maintenance: Overseeing the upkeep of the properties under the waqf, including mosques, madrasas, and other community assets.
- Administrative Oversight: Maintaining records, documenting transactions, and preparing reports for stakeholders, including donors and government bodies.
Legal Context and Importance
Within the Islamic legal framework, the role of the Mutawallī is crucial for the effective administration of awqāf (plural of waqf). The responsibilities of the Mutawallī are often outlined in the waqfiyah and governed according to Islamic jurisprudence (fiqh).
The position of the Mutawallī is not merely an administrative role but also a position of trust (amanah) that comes with a high level of accountability. Failure to perform these duties effectively can result in legal consequences and a breach of Islamic ethical principles.
Suggested Books for Further Studies
- “The Law of Waqf: A Socio-Legal Perspective” by Aqil Ahmad
- “Waqf in Islamic Law: A Comprehensive Study Based on Islamic Jurisprudence” by A.K. Kazi and J. Forbes
- “Islamic Institutions in the Medieval Era” by Avner Giladi
- “The Charitable and Legal Institutions in Islam: The Waqf or Trust and Their Influence on Muslims in India” by Syed Khalid Rashid
Takeaways
- The Mutawallī is a key figure in the Islamic law framework, responsible for managing and safeguarding the assets and objectives of a waqf.
- This role carries significant responsibilities and is governed by principles of Islamic jurisprudence.
- Understanding the role, duties, and legal significance of the Mutawallī contributes to a deeper comprehension of Islamic charitable traditions and community governance.
Conclusion
The term Mutawallī (متولى) represents an essential role within Islamic society, underscoring the importance of responsible and ethical management of communal resources and religious foundations. Through their diligent work, Mutawallīs ensure the sustainability and effectiveness of the noble objectives of awqāf in serving the community and upholding Islamic ethical standards.
Exploring the intricate role of the Mutawallī reveals much about the functioning of Islamic charitable institutions and underscores the importance of accountability and stewardship in Islamic governance.
