Mutawalli
Definition and Role
The term Mutawalli refers to the manager or custodian of a waqf, which is an Islamic charitable endowment. In this role, the mutawalli is responsible for the administration of the waqf property to ensure it serves the best interests of the beneficiaries as stipulated by the waqf’s founder. The responsibilities encompass the preservation of the property, its efficient management, and the maximization of revenues for the beneficiaries.
Etymology and Transliteration
- Arabic: متولي (mutawallī)
- Turkish: Mütevelli
Duties and Responsibilities
- Preservation of Property: The primary duty of a mutawalli is to protect and maintain the waqf property.
- Revenue Maximization: The mutawalli aims to maximize revenues generated from the waqf to benefit the intended beneficiaries. This can involve renting out properties, managing agricultural lands, or investing in other revenue-generating activities.
- Administration: Overseeing the day-to-day operations as per the stipulations laid out in the waqf deed.
Appointment and Regulation
The mutawalli is typically chosen by the founder of the waqf, often specified within the founding document. The position is frequently held by a member of the founder’s family, ensuring that the family maintains a connection and certain benefits from the waqf.
Compensation
The waqf document usually specifies the compensation for the mutawalli. However, if it does not, the mutawalli either serves on a voluntary basis or may seek compensation through a court. The court holds the authority to oversee and address any disputes related to waqf matters.
Further Readings
- “Waqf in Historical Perspective” by H. al-Otaibi: A thorough examination of the development and roles of waqf within Islamic history.
- “Islamic Law of Property” by N. Coulson: An in-depth look at Islamic regulations surrounding ownership and property management.
- “The Administration of Tawhid: An Analysis of the Practices of the National Awqaf Institutions” by Dr. S.B. Mahmood: An exploration of modern practices in waqf management.
Takeaways
- The Mutawalli is crucial in managing Islamic charitable endowments, ensuring the founder’s wishes are adhered to for the benefit of the community.
- Appointed usually by the waqf founder, often from their own family.
- Responsible for property preservation and maximizing revenue.
- Compensation details typically provided in the waqf deed, or else subject to court ruling.
Conclusion
The role of the mutawalli is pivotal in the sustainability and success of waqf properties, ensuring they achieve their philanthropic objectives. Through efficient administration and adherence to Islamic laws, mutawallis play an essential part in the charitable discourse of Islamic society.
