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Wakf under Muslim Law (UGC)

Description: Law Aptitude
Number of Questions: 15
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Tags: Law Aptitude Concept in Family Law
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Which of the following is/are correct about a person creating a wakf?

  1. Muslim by religion

  2. Sound mind

  3. Both 1 and 2

  4. Minor

  5. Hindu or Muslim by religion


Correct Option: C
Explanation:

Only a Muslim of sound mind can create a wakf.

Which of the following is the manager of wakf?

  1. Mutawalli

  2. Mujawar

  3. Sajjadanashin

  4. Khuddam

  5. None of these


Correct Option: A
Explanation:

The moment the wakf is created, all rights of property pass out of the wakif and vest in the almighty. The manager of the wakf is called mutawalli. Neither a minor nor a person of unsound mind can be appointed a mutawalli.

Who among the following has/have the power to remove a mutawalli?

  1. Founder of the wakf

  2. Wakf board

  3. Court

  4. Sajjadanashin

  5. All of the above


Correct Option: C
Explanation:

Even if the founder of wakf directs that a mutawalli not be removed in any case, he may be removed from his office by the court. The court can remove mutawalli if he is guilty of misfeasance or breach of trust, or is found to be otherwise unfit to hold the office.

Which of the following acts provide(s) for the control and supervision of wakfs?

  1. Wakf Act

  2. Mussalman Wakf Validating Act

  3. Shariat Act

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

The Wakf Act, 1954 provides for the control and supervision of wakfs. This act also provides for investigation, survey and registration of wakfs etc.

Which of the following is not a place of public worship?

  1. Mosque

  2. Imambara

  3. Dargah

  4. Khanagah

  5. None of these


Correct Option: B
Explanation:

Imambara is not a place of public worship but an apartment in a private house. The apartment is set apart for the performance of certain Mohurrum ceremonies for use of the owner and family members.

The power of appointment of mutawalli to a public wakf is vested with which of the following?

  1. Supreme Court

  2. High Court

  3. District Court

  4. State government

  5. None of these


Correct Option: C
Explanation:

District Court administers justice in India at district level. The power of appointment of mutawalli to a public wakf is vested with the District Court.

What is the effect of alienation made by a mutawalli without prior permission of the court?

  1. Valid

  2. Void

  3. Voidable

  4. Irregular

  5. None of these


Correct Option: C
Explanation:

As a general rule, wakf property is inalienable. Unless authorised by the deed of wakf, a mutawalli has no power to alienate the property without the sanction of the court. An alienation made by a mutawalli without the prior permission of the court is voidable.

Which of the following is called the religious preceptor and manager of a khankah?

  1. Imam

  2. Mujawar

  3. Sajjadanashin

  4. Fakir

  5. None of these


Correct Option: C
Explanation:

The religious preceptor and manager or administrator of a khankah is called sajjadanashin. He has a larger right in the surplus income than a mutawalli.

Which of the following purposes is/are valid for a wakf?

  1. Giving money to fakir

  2. Lighting lamps in a mosque

  3. Pious purpose

  4. Charitable purpose

  5. All of the above


Correct Option: E
Explanation:

All of the above purposes are essential to a wakf.

Declaration of wakf must be followed by the appointment of a mutawalli under which school(s) of Muslim law?

  1. Sunni law

  2. Shia law

  3. Hanafi law

  4. Both 1 and 2

  5. None of these


Correct Option: B
Explanation:

Under Shia law, once a declaration of wakf between persons is made, it becomes effective on the transfer of possession to the mutawalli.

Which of the following is/are valid form(s) of wakf under Muslim law?

  1. Quasi public wakf

  2. Contingent wakf

  3. Conditional wakf

  4. Both 2 and 3

  5. None of these


Correct Option: A
Explanation:

The primary object of a Quasi public wakf is partly to provide for the benefit of a particular individual, which may be the settler’s family, and partly to public. They are partly public and partly private. Hence, it is a valid form of wakf under Muslim law.

A wakf can be created for how many years?

  1. Sixty years

  2. Hundred years

  3. Two hundred years

  4. An unlimited period

  5. None of these


Correct Option: D
Explanation:

A wakf is a permanent dedication of property for charitable, religious or pious purpose. A wakf is for an unlimited period. Perpetuity is an essence of wakf.

The property of wakf vests in

  1. God

  2. priest

  3. state

  4. widow

  5. None of these


Correct Option: A
Explanation:

The outstanding feature of wakf is that the ownership of property for the wakf vests in God. 

Which of the following is/are essential condition(s) of wakf?

  1. Perpetuity

  2. Permanent dedication

  3. Religious and charitable purpose

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

According to Hanafi Sunnis, all of the above are the essentials of a valid wakf.

Which of the following is described as family wakf under Muslim law?

  1. Wakf-ul-aulad

  2. Ijma

  3. Mutawalli

  4. Hazina-ul-wakf

  5. None of these


Correct Option: A
Explanation:

A wakf can be classified into two types - public or private. As the name suggests, a public wakf is for the general religious and charitable purposes, while a private wakf is for the creator's own family and descendants and is technically called wakf-ala-aulad.

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