Quaid-i-Azam and Wakf-ul Aulad Law

Quaid-i-Azam Mohammad Ali Jinnah was elected as a member of the Imperial Legislative Council in 1910 on a seat reserved for the Muslims from Bombay. He justified the trust reposed in him by moving Mussulman Wakf Validating Bill in 1911 and getting it enacted after some amendments in 1913. It was a major achievement of the Quaid-iAzam aimed at removing the 'disability and great hardship' that had been created by the decision of the Privy Council in the case of Abul Fata Mahomed Ishak and others v. Russomoy Dhur Chowdhry and others related to the Law of Wakf in India. In order to comprehend the significance of the Mussulman Wakf Validating Act 1913 for Indian Muslims, it is necessary to understand the background in which it was adopted.

A 'wakf in Islamic law is akin to what is called 'trust' in English law. Literally the term 'wakf means 'confinement', 'detention', 'prohibition', causing something to stand still or not permitting something to move. Wakf may be defined as a permanent dedication or endowment by a Muslim of any property, movable or immovable, with the purpose of devoting profit or product derived from it for the benefit and welfare of the poor and needy or for any other object recognized by Islam as pious or good.

The person who makes the endowment i.e., the founder of the wakf is called wakif. He must be adult and sound of mind. He may take upon himself the responsibility of administrating the wakf or may appoint mutawallis to manage it. As far as beneficiaries of the wakf are concerned, they may be individuals or public utilities.

The institution of wakf became popular in India under the Muslim rule. Many Muslim rulers and Muslims of means constituted wakfs for maintenance of mosques, madaris, orphanages, shelters for the poor and other such institutions. Many wealthy Muslims also created what is called wakf-ul aulad or wakf alal aulad. These were essentially family wakfs for the purpose of economic well-being of the wealthy Muslims' progeny and they also helped in keeping the property within the family by making it safe from sell off. The wakfs enjoyed taxexemptions.

After the British came to power, they confiscated a large number of wakfs. Perhaps in some...