THE MANAGEMENT OF WAQF IN INDIA WITH A SPECIAL REFERENCE TO DELHI WAQF BOARD:

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THE MANAGEMENT OF WAQF IN INDIA WITH A SPECIAL REFERENCE TO DELHI WAQF BOARD:

A CRITICAL ANALYSIS

BY

JAWWAD ALI

A dissertation submitted in partial fulfilment of the requirements for the degree of Master of Islamic Revealed Knowledge and

Heritage (Fiqh and UsËl al-Fiqh)

Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia

NOVEMBER 2019

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ABSTRACT

This study examines the issues which are obstacles for the development of Waqf institution in Delhi Waqf Board as reported by the Sachar Committee in 2006 along with identification of other issues which were not mentioned by this Committee. The study drives its importance from the fact that Waqf aids the objective of creating global socio-economic well-being among the Muslim community, by promoting a system which enables the needy, poor, and helpless to a proportion of the capital in the ownership of the wealthy. Waqf Properties in Delhi account to thousands of square meters of land. However, the benefit of the Waqf has not lived up to the expectations of society due to misuse of these properties by those who were the guardian of these properties or those who implemented the Waqf law. The study used the qualitative, and analytical research methods which involved gathering information through interview.

The study concludes that at the present, the management of Waqf properties is considerably impaired due to high frequency of litigation and poor management.

Importantly, the root cause of the deterioration of this Board is encroachment of Waqf properties specially by the private and government Bodies. Additionally, negligence of MutawallÊ and financial problem etc., are obstacles for the development of the Waqf institution in Delhi. The study highlights that the government authorities and members of Waqf Board are themselves involved in occupying Waqf properties. In addition, due to mismanagement of Waqf properties, Delhi Waqf Board is not able to generate incomes to protect the Waqf properties from illegal occupation and to fulfill the objective of Waqf. Moreover, the study found the reasons behind the issues which have been negatively impacting the Waqf institution such as lack of proper management by authorities of Board, ineffectiveness of legal department and contradiction between State Government and Lieutenant Governor (LG). Finally, the researcher proposes SharÊ‘ah governance framework for the Delhi Waqf Board to deal with these issues.The researcher also proposes that Waqf Protection Committees, consisting of conscientious members from the local Muslim community, should be formed to keep a watch over the affairs of the local AwqÉf properties.

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ثحبلا صَّخلُم

ةساردلا هذه ثحبت ةنلج هتدروأ الم اًقفو فاقولأل يلهد سلجبم ةقلعتلما يااضقلا في

Sachar

ماع في 2006

م اهسردت لم تيلا ىرخلأا لكاشلما ةساردو ، لا

ةنجل ، ةسارادلا ةيهمأ عبنتو نم

نوك ةموظنم فقولا

ته فد لىإ ةيلماع ةيداصتقا ةيعامتجا ةيهافر قلخ في

متلمجا لسلما ع نم ، م

جيوترلا للاخ

لىإ ةفاقث ل ءاينغلأا ةورث نم ةصح رفوت جاتحمل

ين ، ءارقفلاو

، زجاعلاو ي .ن نمكتو

ةلكشم نأ في ثحبلا

لأا اقو يلهد في ةيراقعلا ف ةدتمم

لىإ ضرلأا نم ةعبرلما راتملأا فلاآ

،

كلذ عمو تاعلطت ىوتسم لىإ فقولا نم ةوجرلما ةدئافلا َقرت لم

عمتلمجا ببسب يبطتلا ئطالخا ق

ل فقولا نوناق .

،ثحبلا ينماضم عبتت في يعونلا جهنلما ثحابلا مدختسا و

في يليلحتلا جهنلما

،يلهد في ةماع ةروصب فاقولأا ةرادلإ ةصتخلما ةنجللا تفرشأ تيلا لكاشلما رفوت ىدم ةسارد .فاقولأا ةنلج اهسردت لم تيلا ىرخلأا لكاشلما ةساردو و

ارجإ ىلع ثحابلا دمتعا ةسارد ء

ةيناديم تامولعلما عملج تلاباقمو

، ثحبلا مديخ ابم اهفيظوتو .

و نم ةلجم لىإ ثحابلا لصوت

ةعنالما لماوعلا نم :اههمأ ،جئاتنلا فقولا يضارلأ نيوناقلا يرغ للاغتسلاا يلهد في فقولا ريوطتل

و اميسلا نم لصالحا لاهملإا

لبِق

،كلذ يرغو فقولا ليوتم وكلحا تاطلسلا برتعتو

عم ةيم

لمج ءاضعأ كيرش فقولا س

ين للاغتسلاا اذه في .

،كلذ لىإ ةفاضإ

فقولا تاكلتمم ةرادإ ءوس

لعج للاغتسلاا نم فقولا تاكلتمم ةياملح لخدلا ديلوت ىلع رداق يرغ فاقولأل يلهد سلمج

.فقولا فده قيقتحو عورشلما يرغ و

ي ءوس برتع يريست

ةيلاعف مدعو فقولا ةرادلإا

نوناقلا ةي

قولل ف فلالخا ،كلذكو ،

ينب و يلهد ةيلاو ةموكح ماعلا بئانلا

يلهد في تيلا بابسلأا مهأ نم

لىإ تدأ فقولا فلتخ

يلهد في .

ورض :اههمأ نم تايصوتلا نم ةلجم لىإ ثحابلا لصوتو ر

ة

ليعفت ىلع لمعلا ماظن

يلهد في فقولا سلمج لمع في ةيعرشلا ةمكولحا عم

نالج ليكشت

ةنوكلما فاقولأا ةياحم

نم لأا ءاضع ينصلخلما

تاكلتمم نوؤش ةبقارلم ،يللمحا ملسلما عمتلمجا نم

.ةيللمحا فاقولأا

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APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and UÎËl al-Fiqh).

……….…..

Akhtarzaite Binti Hj. Abdul Aziz Supervisor

I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and UÎËl al-Fiqh).

.……….….

Luqman Zakariyah Examiner

This dissertation was submitted to the Department of Usul al-Din and Comparative Religion and is accepted as a partial fulfilment of the requirements for the degree of Master of Islamic Revealed Knowledge and Heritage.

……….….

Luqman Zakariyah

Head, Department of Fiqh and UÎËl al-Fiqh

This dissertation was submitted to the Kulliyah of Islamic Revealed Knowledge and Human Sciences and is accepted as a partial fulfilment of the requirements for the degree of Master of Islamic Revealed Knowledge and Heritage (Fiqh and UÎËl al-Fiqh).

...………....

Shukran Abd Rahman

Dean, Kulliyyah of Islamic Revealed Knowledge and Human Sciences

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DECLARATION

I hereby declare that this dissertation is the result of my own investigations, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degrees at IIUM or other institutions.

Jawwad Ali

Signature ………. Date ………....

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INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH

THE MANAGEMENT OF WAQF IN INDIA WITH A SPECIAL REFERENCE TO DELHI WAQF BOARD:

A CRITICAL ANALYSIS

I declare that the copyright holders of this dissertation are jointly owned by the student and IIUM.

Copyright © 2017 (Jawwad Ali) and International Islamic University Malaysia. All rights reserved. No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below

1. Any material contained in or derived from this unpublished research may be used by others in their writing with due acknowledgement.

2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.

3. The IIUM library will have the right to make, store in a retrieved system and supply copies of this unpublished research if requested by other universities and research libraries.

By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy.

Affirmed by Jawwad Ali

……..……….. ………..

Signature Date

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This thesis is dedicated to my beloved father and my mother whose prayers laid the foundation of what I turned out to be in life.

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ACKNOWLEDGMENTS

The glory and praise be to Allah Almighty, the Most Gracious and the Most Merciful, who despite my weakness and incapability, granted me the guidance, knowledge, and strength to complete this dissertation.

I would like to express my acknowledgement to every person who assisted me in any way, directly or indirectly, during the progress of this work. Especially, I am immensely indebted to my supervisor Dr. Akhtarzaite Binti Hj. Abdul Aziz and co- supervisor Dr. Nan Noorhidayu Megat Laksana whose sincere efforts, invaluable ideas, needful guidance and encouragement through the writing process paved the way to successful completion of this work.

I want to extend my gratitude to all my friends and fellows who provided me with all kind of material and moral support at every needed point. It will be ungrateful if I do not thank Dr. Mohammad Abullais who was always there to support me during my entire study period.

Last but not least, I acknowledge that it was due to my beloved father’s and mother’s prayers, support, and sacrifices that I was able to successfully complete this significant task. I ask Allah (SWT) to give all of them the best reward in this world and the hereafter.

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TABLE OF TRANSLITERATION

Consonants Vowels and Diphthongs Arabic English Arabic English Arabic English

ب b ط Ï َ A

ت t ظ Ð َ U

ث th ع ‘ َ I

ج j غ gh آ /ا َ É-aa

ح Í ف f و َ Ë-oo

خ kh ق q ي َ Ê-ee

د d ك k ن أ An

ذ dh ل l ن أ Un

ر r م m ن إ In

ز z ن n و َ Aw

س s و w ي َ Ay

ش sh ه h و َ Uww

ص Î ء ʾ ي َ Iyy

ض Ì ي y

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LIST OF TABLES

TABLE 1:SIX MUSLIM RULER FAMILIES WHO RULED IN DELHI 48

TABLE 2:ADMINISTRATION OF WAQF UNDER MUSLIM RULERS IN INDIA 63

TABLE 3:CONSTITUTION OF DELHI WAQF BOARD IN SEVERAL YEARS 74

TABLE 4:OCCUPIED WAQF PROPERTIES OF DELHI WAQF BOARD 82

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LIST OF FIGURES

FIGURE 3.1:QUWWAH AL-ISLÉM MASJID IN DELHI 50 FIGURE 3.2:HUMAYUN TOMB BUILT BY WIFE OF MUGHAL EMPEROR HUMAYUN 54 FIGURE 3.3:MOTI MASJID LAHORE FORT BUILT BY MUGHAL EMPEROR JAHÓNGÔR 55 FIGURE 3.4:JAMA MASJID DELHI BUILT BY MUGHAL EMPEROR SHÓH JAHÓN 56 FIGURE 3.5:FATEHPURI MASJID DELHI BUILT BY MUGHAL EMPEROR SHÓH JAHÓN 56 FIGURE 3.6:JAMA MASJID ÓGRA BUILT BY MUGHAL EMPEROR SHÉH JAHÉN 57 FIGURE 3.7:MOTI MASJID ÓGRA FORT BUILT BY MUGHAL EMPEROR SHÓH JAHÓN 57 FIGURE 3.8:TAJ MAHAL BUILT BY MUGHAL EMPEROR SHÓH JAHÓN 57 FIGURE 3.9:MOTÊMASJID DELHI FORT BUILT BY MUGHAL EMPEROR AURANGZEB 59 FIGURE 3.10:BADSHAHÊMASJID LAHORE BUILT BY MUGHAL EMPEROR AURANGZEB59 FIGURE 3.11:BODHGAYA TEMPLE 59 FIGURE 4.1:ISSUES ASSOCIATING WITH DELHI WAQF BOARD 94 FIGURE 5.1:SHARÊ‘AH GOVERNANCE FRAMEWORK FOR DELHI WAQF BOARD 110

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LIST OF ABBREVIATIONS

AAOIFI Accounting and Auditing Organization for Islamic Financial Institutions

ASI Archaeological Survey of India

CPWD Central Public Works Department

DDA Delhi Development Authority

DTC Delhi Transport Corporation

IFSB Islamic Financial Services Board

LG Lieutenant Governor

MCD Municipal Corporation of Delhi

MDWB Member of Delhi Waqf Board

MLA Member of Legislative Assembly

MP Member of Parliament

NDMC New Delhi Municipal Council

OECD The Organization for Economic Co-operation and Development

PBUH Peace Be Upon Him

PIL Public Interest Litigation

SCR Sachar Committee Report

SDM Stands for Sub Divisional Magistrate SSWI Shariah Scholars of Waqf institution

SWT Subhanahu Wa Ta‘la

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CHAPTER ONE INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Islam strongly recommends socio-wellbeing and welfare-friendly practices such as Øadaqah and Zakāh. Waqf is another such Islamic model which aims to remove the impact of poverty in the Muslim society, by promoting education and health, while enhancing access to tangible resources, amenities, and employment. Waqf aids the objective of creating universal socio-economic well-being among the Muslim community, by promoting a culture wherein the needy, poor, and helpless are eligible to a proportion of the capital in the ownership of the wealthy.

Waqf as a practice of continues philanthropic act (Øadaqah Jāriyah) has not been stated explicitly in the Qur’an. However, there is a Qur’anic verse where the concept of Waqf can be inferred: “you shall never acquire righteousness unless you spend from what you love and whatsoever you spend, Allah is fully aware of it”¹. In addition to that Allah (SWT) declares in the Qur’an: “And in their wealth there is a due share for the beggar and the deprived”². Based on the Qur’anic declarations it can be implied that the procedure of making an asset into Waqf, hands over its ownership exclusively to Allah (SWT), where the SharÊ‘ah assists as a director in allotting the usufruct for the good deeds³. The Prophet (PBUH) said that when a man dies, his good deeds will be come to

1 Āl ‘Imrān: 92.

2 Al-DhāriyÉt:19.

3×assan, Rusni, et al, Towards Providing the Best Sharī‘ah Governance Practices for Waqf Based Institutions, (Kuala Lumpur, Al-Shajarah, 2017), 165-185.

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an end except three: firstly, the perpetual philanthropy (Øadaqah Jāriyah), secondly, beneficial knowledge, and finally, a righteous child who prays for him⁴.

Historically it was the standard practice of the Muslim community to engage extensively in Waqf. The prosperity of the Muslim community was widely attributed to such charitable institutions. It is well-known how the Prophet (PBUH), bought a land in MadÊnah for building a mosque which is known Masjid al-NabwÊ⁵. This act of the Prophet (PBUH) was emulated by the Muslim community in MadÊnah. An often-cited example is that of ‘Uthmān bin ‘Affān, a wealthy companion of the Prophet (PBUH) who purchased a well and provided the water free of charge to the entire community, hence creating the second Waqf in MadÊnah⁶.

This prophetic model was enthusiastically followed by Muslim all across the globe and became an essential part of Muslim culture⁷. In this regard, the contribution of Indian Muslims cannot be left ignored or unnoticed, as they have donated extensively for Waqf especially in Sultanate and Mughal periods wherein this philanthropic model had flourished considerably in India and particularly in Delhi⁸⁹. The Waqf managed by the Mughal sultÉns benefitted mosques, religious institutions, SËfÊ sanctuaries, tombs, the elderly, and religious scholars¹⁰.

4 Al-TirmidhÊ, AbË ‘Isa MuÍammad, Sunan al-TirmidhÊ, (×alab: Shirkat Maktabah Mustafa al-Yab, 1975), Vol, 3: Hadithno:1376.

5 ‘AbdullÉh NadwÊ, MoÍammad, A Critical Examination of Waqf Management Practices in India:

Special Reference to Fiqh of AwqÉf, A dissertation submitted to the fulfillment of master’s degree in UK in 2012, Available at SSRN 2213612.

6×assan, Rusni, et al, Towards Providing the Best Sharī‘ah Governance Practices for Waqf Based Institutions.

7 RashÊd, Sayyed KhÉlid, Measures for the Better Management of AwqÉf, (Kuala Lumpur, IIUM Law

Journal, 2012), 20, no. 1.

8 Diwan, Paras, Law of Endowments, Wakfs and Trusts, (India: Allah’abad, Wadhwa & Company, 1992),

157-164.

9 S. R. Bakshi and S. K. Sharma, The Great Mughals, (New Delhi: Deep & Deep publications 1999), 8:118.

10‘AbdullÉh NadwÊ, MoÍammad, A Critical Examination of Waqf Management Practices in India:

Special Reference to Fiqh of AwqÉf.

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Importantly, during the Sultanate and Mughal rules, Indian Waqf including the Delhi Waqf was managed by the selected Mutawallīs (trustees) who were appointed and supervised by QÉÌÊs (Islamic judges) according to the Islamic law¹¹. However, after the emergence of British colonial rule in the Indian subcontinent, the administration of the Waqf fell into disarray along with the administration of other established Islamic Institutions and lost its special nature in terms of being supervised by QÉÌÊs¹².

Notably, in the post independent India, it was vastly expected that the responsibilities of Indian Waqf administration would be given back to the Muslim society itself and supervised by Muslim QÉÌÊs, so that the numerous Waqf properties would be managed in harmony with SharÊ‘ah law, unfortunately, this dream could not achieved¹³. According to the Waqf Act 1954, the Indian government drove the responsibility in directing and managing the Waqf institution in the country. As a result, the door for unnecessary political interference, exploitation and corruption in this prophetic model was intentionally left wide open. Despite the fact that in 1995, in response to the increasingly agitated voices of the Muslim society to hand over the Waqf administration to them, the Indian government altered the existing Waqf Act, and although it superficially sought to democratize the procedure and mechanism of Waqf management, the real objective of Waqf could not be realized¹⁴.

In the present age, the total number of Islamic endowments in the state of Delhi according to the website of the Waqf authority reached 1964 of assets. According to the

“Sachar Committee Report”¹⁵, the total value of the Waqf properties in this country

11 ‘AbdullÉh NadwÊ, MoÍammad, Fate of Awqaf in India: A Critical Appraisal, SSRN Electronic Journal,

2013, Retrieved 15/06/2018 from https://ssrn.com/abstract=2384283.

12 Cizakca, Murat, A History of Philanthropic Foundations: The Islamic World from the Seventh Century

to the Present, (Istanbul: Boğaziçi University Press, 2000), 2-10.

13 ‘AbdullÉh NadwÊ, MoÍammad, Fate of AwqÉf in India: A Critical Appraisal.

14 Ibid.

15 Government of India, Social, Economic and Educational status of Muslim Community of India, (New Delhi: Cabinet Secretariat, 2006), 219.

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reached to around 500 thousand assets, having a total area of 600 thousand acres with a market value of more than 60 billion Indian rupees in 2006. According to the Report, if these Waqf properties are utilized in valuable and profitable resources, they can generate at least a minimum return of ten per cent which is about 120 billion Indian Rupees per annuam.

1.2 PROBLEM STATEMENT

Presently, Waqf management in Delhi is facing various challenges. In post independent India, nothing has impacted in reacquiring the lost-confidence of the Muslim society, notably, in saving the safety of their religious Waqf assets. Unfortunately, the Indian Waqf management including Delhi Waqf institution has been a victim of political apathy even after independence¹⁶. There were many issues which played a significant role in the decline of this Islamic philanthropic institution, the absence of SharÊ‘ah governance framework for Waqf Board Delhi is one of the major factors that affected the efficient functioning of the Delhi Waqf Board. According to the Sachar Committee Report¹⁷, there are three types of challenges faced by Indian Waqf Board. Along with that, one issue that is prime importance is that of the position of the MutawallÊ and the responsibilities associated with it. These issues collectively have negatively impacted the image of the Delhi Waqf Board among the stakeholders. In case these issues continue, people will become hesitant to donate to Waqf leading to the decay and demise of this philanthropic institution.

16 ‘AbdullÉh NadwÊ, MoÍammad, Fate of AwqÉf in India: A Critical Appraisal.

17 Government of India, Social, Economic and Educational status of Muslim Community of India, 217.

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1.3 RESEARCH QUESTIONS

This study seeks to address the following questions:

1. What is the role of Waqf in Islamic jurisprudence?

2. What is the origin of Waqf in Delhi and how is the management of Waqf in this state?

3. What is the current status of Waqf in Delhi and what are the root causes of the status and how can this problem be solved?

1.4 RESEARCH OBJECTIVES

This study aims to achieve the following objectives:

1. To analyze the role of Waqf in Islamic jurisprudence.

2. To explore the origin of Waqf in Delhi and ascertain the management of Waqf by Delhi Waqf Board.

3. To examine the current status of Waqf in Delhi and find out the root cause of the problems faced by it and provide solutions.

1.5 SIGNIFICANCE OF THE RESEARCH

India is the world’s second most populous country and home to more than one hundred fifty-one million Muslims. Unfortunately, in India, Muslims are lagging much behind in comparison to other religious groups in the field of education, economic, social position and social safety perspective as per the official reports and statistics. At present, In India and particularly in Delhi, Waqf Board is not able to fulfill its philanthropic objectives despite having thousands of Waqf properties under their management. It is vital to have a fresh look into this matter and to provide proper regulatory framework for restructuring. Therefore, this study will make a major contribution to the subject by

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analyzing the issue of Delhi Waqf Board. Furthermore, for dealing with these issues, attempts will be made to provide SharÊ‘ah governance framework for this Waqf institution which will benefit both the Delhi Waqf Board and its numerous beneficiaries.

Thus, fulfilling the original philanthropic purpose of Waqf properties as intended by the WÉqifs.

1.6 RESEARCH METHODOLOGY

This research will be conducted using qualitative, Historical and analytical research methods. This mixed methodology will be employed in the following manners:

1. Qualitive Research:

This involves library research to collect relevant data from several sources such as books, academic journals, articles, websites, conference proceedings, seminars, classical literatures of Fiqh and most importantly Waqf report archives in India.

2. Historical Method:

This method applies in chapter two to trace the origin of AwqÉf and its Islamic historical background and to discuss in detail, the different kinds of Waqf and its historical order of initiation. Furthermore, this method applies in chapter three to identify the background of Waqf and its historical growth periods in India and, particularly in Delhi.

3. Data analysis:

This method involves the use of analytical method to examine the current issues and problems of Delhi Waqf Board. Since the topic is related to Delhi Waqf Board, a standard set of questions will be asked in the interviews, which will be conducted to gather data from four members of Delhi Waqf Board

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among the seven members to support this study from all aspects.

Simultaneously, the interview will be conducted to identify the SharÊ’ah issues from the four prominent Fiqh schools in Waqf related matters. And their responses will be taken into account before arriving to a conclusion. It will help in formulating regulations and guidelines for Delhi Waqf Board.

1.8 LITERATURE REVIEW

Previously, abundant studies and academic works produced on Waqf management which comprise of these subjects from numerous aspects. The review of some of the literature published in this context is as follow:

HasanuddÊn AÍmed and AÍmedullÉh KhÉn mutual book “Strategies to Develop Waqf Administration in India”¹⁸ stresses on the evolution of Waqf institution in Islam and attitude of Sultans of Delhi towards Muslim Waqf in India. In second chapter authors talk about AwqÉf administration models before and after colonized periods and briefly introduce laws related to Indian AwqÉf. Likewise, in this chapter they mentione certain important definitions of Indian laws related to AwqÉf wherein they speak about the role, duties and powers of MutawallÊ, Waqf Boards and Central Waqf Council.

Moreover, third chapter speaks about a state-wise scenario of Waqf administration in India whereby they discuss on origin, history and growth of Waqf in some states along with administration systems and activities of State Waqf Board. Simultaneously, they briefly add the origin and history of Delhi Waqf Board, its establishment and functioning. Authors have focused more on the administration systems of AwqÉf in

18AÍmed, HasanudÊn, and KhÉn, AhmedullÉh, Strategies to Develop Waqf Administration in India, (Jeddah: IRTI, 1998), no. 50.

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India and although there is mention of Delhi Waqf Board, without any discussion around the problems and solution that are specific to the Delhi Waqf.

“Al-Waqf”¹⁹ by QÉÌÊ Mujāhid al-Islam Qāsmī is an important reference in Arabic on this topic. At the beginning of the book, there is comprehensive introduction on the topic “Waqf in Islamic Jurisprudence (Al-Waqf fi al-Fiqh al-IslÉmī) which throws light on the importance of making Waqf as per Qur’an and ×adÊth and the spending for the sake of Allah (SWT) then the reality and foundation of Waqf is mentioned. At the end author gives two recommendations. Firstly, that there is need to form Awqāf not only on regional or national level but also at international level so that in those countries where Muslims are economically and educationally backward can specially benefit from them and secondly, that there is need to form an international organization for the development of Awqāf so that the present Waqf properties in different countries are developed so that they become useful and active. Although this book talks about the institution of Waqf from a Fiqh perspective, it does not however mention anything regarding the Delhi Waqf Board in particular.

“Law of Waqf in IslÉm”²⁰ written by TauqÊr MoÍammad KhÉn and M. H. Sayyed.

This book is specially related to principle rulings on AwqÉf and it has two Parts. In first part authors discuss about Waqf wherein discussion has made on basic principles of AwqÉf, for example, Waqf of movable and immovable property, powers of the WÉqif, conditions in Waqf and supervisory functions of QÉÌÊ. It also has title with the name of

“Aims of Waqf” whereby they give information in detail about the classification of Waqf. Further they discuss about Waqf in favor of children and descendants and Waqf in favor of kindred of the WÉqif. Furthermore, authors talk about the management of

19 MujÉhid al-Islām, QÉsmÊ, Al-Waqf, (Beirut: Darul kutub Al-‘Ilmiyyah, 2001).

20KhÉn, TauqÊr MoÍammad, and M. H. Sayed, Law of Waqf in Islam, (New Delhi, Pentagon Press, 2007).

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Waqf institution in which the appointment and powers of MutawallÊ, lease of Waqf property and creation of incumbrances on Waqf property have discussed in detailed.

Indeed, this book is very valuable specially in terms of FiqhÊ perspective regarding to the Indian Waqf institution because they supported FiqhÊ rules of Waqf by Indian laws and judgments of several Indian courts. The authors, however, have restricted this book to mostly Fiqh rulings related to AwqÉf, never touched the Delhi Waqf Board.

A very significant role towards the topic is the book of Muhammad Moinuddin Khan entitled “Islamic Law and Endowment”²¹. This book is divided into six chapters, initially, this book discusses about administration of endowment in Islam in which the author mainly focusses on classical FiqhÊ discussion about MutawallÊ, his responsibilities, powers and the way of appointment of MutawallÊ. In this regard, KhÉn supports all arguments by quoting classical FiqhÊ books on this topic specially he prefers

×anafÊ books. Furthermore, in second and third chapters, he stresses on estate’s revenue

and general endowment. Also, author concentrates more on objective of Waqf in Islam, classification of endowment, trust in favor of children and descendants as well as endowment created in death-illness. Moreover, rest of the chapters speak about basic and fundamental rules for Islamic endowment, its conditions and constitutions and endowment of money and moveable property. Author further talks about Islamic schools on endowment, endowment under laws, conditions relating to the founder and law in action in detail. There is no doubt that his contribution by complying this book is very remarkable particularly regarding to the FiqhÊ arguments. The author, however, neither discussed about the issues which are related to Waqf institutions nor he touched the Delhi Waqf Board.

21 KhÉn, MuÍammad Mo‘ÊnuddÊn, Islamic Law and Endowment, (New Delhi: Discovery Publish house, 2011).

https://ssrn.com/abstract=2384283.

THE MANAGEMENT OF WAQF IN INDIA WITH A SPECIAL REFERENCE TO DELHI WAQF BOARD: