Chief mufti of the Islamic seminary Jamia Nizamia Mufti Khaleel Ahmed came to Syed Akbar Nizamuddin, mutawalli rescue by claiming that suspending a mutawalli (manager) of a wakf institution is against the sharia as he not a public servant.
The AP State Wakf Board (APSWB) had suspended Syed Akbar Nizamuddin, mutawalli (manager) of Dargah Hazrat Shah Khamosh in Nampally, for allegedly selling 85 acres of wakf land.
However, the Chief’s statement comes in conflict with Section 101 of the Wakf (Amendment) Act of 2013 which describes the mutawalli as a public servant.
Mufti Khaleel, along with members of Anjman-e-Mutawalliyaan-o-Sajjadagaan-o-Khidmatguzaraan-e-Wakf, AP (AMSKWAP), an association of prominent mutawallis, who had organised a conference to criticize the string of suspensions of mutawallis by APSWB special officer S M Iqbal, was addressing mediapersons at Press Club in Basheerbagh.
“Sharia rules pertaining to wakf have been largely ignored whenever the government has framed the wakf laws. The removal of a mutawalli is against the sharia. The nature of wakf is unalterable. We demand that a plan be made to remedy the situation,” Mufti Khaleel said.
The association accused Iqbal, who hails from Seemandhra region, of being prejudiced against mutawallis of Telangana.
Reiterating that he had resigned from the police force as a mark of protest against the bifurcation of the state, they further alleged that Iqbal had cracked the whip only against mutawallis of dargahs. They also alleged that Iqbal had picked up ‘chronic cases’ which had already been settled by various courts of law.
“The present special officer is working under the influence of blackmailers and former bureaucrats. He is targeting us because he subscribes to a different school of thought,” alleged AMSKWAP member Sayeed Qadri. Being a police officer, Iqbal is treating mutawallis like criminals by filing complaints against them at various police stations, he added. “According to the Wakf Act, a mutawalli is innocent until an inquiry concludes that he is guilty. But the special officer is deviating from this rule,” Qadri said.
Helplessness was expressed by the mutawallis with the current administration on account of the model code of conduct in force. “We had written to the governor about a month-and-a-half ago with respect to the suspensions made by Iqbal but we have not been given an appointment till date. We demand that,” said Syed Qubool Pasha Shuttari, another member of AMSKWAP.
According to the rule of suls-ul-sulsaan, the beneficiary of the wakf institution is the mutawalli as he enjoys a third of the revenue generated from the institution, highlighted Bandagi Pasha, another member.
“After a third of the income is used for rendering services of the institution, another third is for the extended family. The mutawalli is entitled to a third for his livelihood,” he said.