Wakf validating act 1913

Power of Mussalmans to create certain wakfs.—It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law for the following among other purposes:— (b) where the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character.

The following is the text of the Mussalman Wakf Validating Act.

It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law, for the following among other purposes:—(a) For the maintenance and support wholly or partially of his family, children, or descendants, and(b) Where the person creating the wakf is a Hanafi Mussalman, also for his own maintenance and support during his life-time, or of the payment of his debts out of the rents and profits of the property dedicated: Provided that, the ultimate benefit is, in such cases, expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character.

No such wakf shall be deemed to be invalid, merely because the benefit reserved for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.

Each would be manned by judges who had acquired high reputation for specialisation.WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; It is hereby enacted as follows:(b) where the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during is lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character.No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.At the subcommittee, Jinnah received little support but what he said then makes great sense today.He said that “any question that relates to the federal constitution or arises out of the federal constitution should vest in the Federal Court”.

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