Mutawalli Qualifications and Accountability Under the UMEED Act

A Mutawalli is the appointed manager or caretaker of a waqf (Islamic charitable endowment) property, responsible for overseeing its administration in accordance with the waqf deed and Islamic law. The qualifications for a Mutawalli are outlined under Muslim law and the Waqf Act, 1995, which governs waqf properties in India.​

Table of Contents

1. Introduction
2. Traditional Role of the Mutawalli
3. New Eligibility and Disqualification Criteria (Section 50A)
4. Verbal Appointments Prohibited
5. Removal and Appeal Processes
6. Financial Accountability and Penalties
7. Pros and Cons of the Stricter Rules
8. Mutawallis in the Digital Age
9. Conclusion

Check out Taxmann's Unified Waqf Management Empowerment Efficiency and Development Act 1995 (UMEED) with Rules – Bare Act with Section Notes which offers a comprehensive framework for Waqf administration. It consolidates key enactments—including the Mussalman Wakf (Repeal) Act 2025—and the latest rules (e.g., Waqf Properties Lease Rules 2014, Central Waqf Council Rules 1998). A hallmark Comparative Study (old vs. new) and detailed Section Notes clarify amendments and procedures, simplifying day-to-day compliance. Aimed at legal professionals, Waqf managers, academics, officers, and policy analysts, it emphasises digital compliance, practical insights, and user-friendly referencing.

1. Introduction

Mutawallis stand at the forefront of waqf administration. As caretakers or managers of waqf properties, they oversee daily operations, ensure revenue is channelled into community welfare, and preserve assets. However, critics long argued that under the Waqf Act, 1995, lax rules allowed underqualified or unethical individuals to become mutawallis, leading to corruption and mismanagement.

In this article, we delve into how the UMEED Act raises the bar for who can be a mutawalli, which aims to professionalise waqf management and bolster public trust.

2. Traditional Role of the Mutawalli

Under Islamic tradition, the mutawalli is entrusted to –

1. Safeguard waqf assets (land, buildings, funds).
2. Maintain religious or charitable objectives (mosques, madrasas, orphanages, etc.).
3. Report financial details to the relevant authority or waqf board.

However, prior regulations often failed to screen incompetent or unscrupulous individuals from this critical responsibility.

3. New Eligibility and Disqualification Criteria (Section 50A)

Section 50A of the UMEED Act enumerates who is disqualified from being appointed or continuing as a mutawalli –

1. Minimum Age 21 – A younger individual, no matter their background, cannot hold such a position.
2. Mental Competency – Anyone found of unsound mind is ineligible.
3. Undischarged Insolvent – Financially insolvent individuals are barred.
4. Criminal Conviction – Those convicted of any offense leading to imprisonment of 2 years or more cannot serve.
5. Encroachment on Waqf Property – Anyone previously held guilty of encroachment on waqf assets is permanently disqualified.
6. Prior Removal – Anyone previously removed from mutawalli qualifications for corruption or mismanagement cannot be reappointed.

These criteria mark a significant tightening from the old law, which had fewer and vaguer grounds for disqualification.

4. Verbal Appointments Prohibited

No more verbal appointments. The Amendment also aligns with Section 36(1A), stating that “no waqf shall be created without execution of a waqf deed,” and by implication, no mutawalli can be verbally appointed. This ensures a recorded contract that details rights and obligations, enabling the Board to hold mutawallis accountable.

5. Removal and Appeal Processes

5.1 Removal by the Board

If a mutawalli fails to perform or becomes disqualified, the Board can initiate removal proceedings for mutawalli qualifications. Common grounds include –

• Failure to maintain regular accounts.
• Engaging in corrupt practices.
• Membership in an unlawful association (a newly added criterion).

5.2 Tribunal Appeals

While the Board’s decision used to be near-final, the UMEED Act mandates a right of appeal to the Waqf Tribunal, with further appeal to the High Court. This system ensures checks and balances to prevent arbitrary removal.

6. Financial Accountability and Penalties

A key thrust of these reforms is to improve financial integrity –

• Strict Auditing – Mutawallis must submit annual accounts by 1st October, extending the previous 1st July deadline.
• Penalties for Defaults – Heavy fines (up to INR 50,000 or 1,00,000 in serious breaches) and even imprisonment for severe violations (e.g., refusing to hand over waqf property).
• Immediate Removal for Fraud – If proven to have misappropriate funds, a mutawalli can be swiftly remove and prosecute under both waqf law and criminal statutes.

7. Pros and Cons of the Stricter Rules

7.1 Advantages

• Enhanced Professionalism – Requiring a clean legal and financial record fosters trust.
• Deterrent against Fraud – Higher fines and possible imprisonment act as strong deterrents to misconduct.
• Transparency – Mandatory documentation and digital filings reduce the scope for manipulation.

7.2 Criticisms

• Complexity for Smaller Waqfs – Smaller waqfs in rural areas may struggle with compliance due to lack of resources or legal know-how.
• Potential Bureaucratic Overreach – The Board’s broader powers might be misuse to oust mutawallis who are unpopular but not necessarily corrupt.
• Appeal Mechanism Costs – While appeals protect against abuse, the legal costs could be high for a mutawalli facing false accusations.

8. Mutawallis in the Digital Age

With online portals for waqf registration and property records, mutawallis are obliged to keep digital track of finances, building conditions, rentals, or leasing contracts. The Central Waqf Council also recommend standardise templates for record-keeping.

Section 3B requires waqf details (including mutawalli data) to be filed within six months, reinforcing accountability. Mutawallis lacking tech skills might need capacity-building workshops or local board assistance to meet deadlines.

9. Conclusion

The UMEED Act’s provisions for mutawalli qualifications underscore a serious commitment to root out corruption and inefficiency. By ensuring that only those financially stable, legally compliant, and morally fit can steer waqf properties, the law endeavors to protect these endowments’ sanctity.

However, successful implementation depends on fair Board practices and robust awareness drives among waqf communities.

Dive Deeper:
Waqf Act 1995 vs. UMEED Act – Overview of Key Reforms
Definition of Waqf – How the UMEED Act Redefines Waqf Creation
Waqf Boards under UMEED Act and the Central Waqf Council
Waqf Property Ownership – New Rules on Government Land
Waqf Digital Portal – Surveys and Online Registry in UMEED Act