The Muslim Mosques and Charitable Trusts Act of 1956 established two key institutions in Sri Lanka: the Wakf Board and the Wakf Tribunal. These bodies are responsible for supervising and regulating registered Muslim places of worship.
1. The Wakf Board: A Regulatory and Adjudicatory Body
It is important to understand that the Wakf Board is not an operational entity like the Electricity Board or the Water Supply Board. Instead, it functions as a regulatory and investigative authority. In essence, the Wakf Board acts as a central mediating council.
Its primary responsibilities include:
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Registering mosques.
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Appointing trustees for them.
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Overseeing their activities.
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Requiring the submission of financial accounts.
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Investigating complaints and delivering judgments.
2. The Wakf Tribunal
The Wakf Tribunal is established to hear appeals against decisions made by the Wakf Board.
3. Appointment and Role of Trustees
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Definition: Section 14 of the Act defines a “Mutawalli” (trustee) as the person officially appointed to manage the affairs of a mosque.
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Term: The official term of an appointed trustee is three years. The law refers to individuals who are not officially appointed or who continue to manage after their term has expired merely as “persons in charge.”
4. The Process of Appointing Trustees
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Trustees for a mosque are to be selected by the registered congregation (Jama’ath) of that mosque, in accordance with its traditions.
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The Wakf Board then formally appoints the selected individuals as trustees.
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If the congregation fails to make a selection, or if there are impediments in the process, the Wakf Board has the authority to appoint a “Board of Special Trustees” at its discretion.
5. Suspension or Removal of Trustees
The Wakf Board holds the power to suspend or remove one or more trustees for valid reasons. Such reasons may include:
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Unsatisfactory administration.
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Corruption or financial malpractice.
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Negligent management.
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Personal or legal incapacity.
Complaints leading to such action can be initiated by the congregation or investigated by the Wakf Board on its own initiative.
6. Key Responsibilities of the Trustees
As the official administrators of the mosque, trustees are entrusted with several critical duties, including:
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Taking over all assets and documents from the previous administration.
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Appointing suitable personnel for mosque duties and ensuring they receive fair remuneration.
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Depositing mosque funds into a bank account promptly (a petty cash float of up to Rs. 10,000 may be maintained for minor expenses).
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Purchasing, selling, or leasing mosque properties only with the prior approval of the Wakf Board. (Any lease agreement must not extend beyond the term of the current board of trustees).
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Maintaining an up-to-date inventory of the mosque’s movable and immovable properties.
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Submitting financial statements to the Wakf Board twice a year.
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Managing the mosque’s affairs and properties efficiently and effectively.
7. Enforcement
The Wakf Board can seek relief against individuals who violate its orders by filing a case in the Magistrate’s Court.Conclusion
In summary, the Wakf Act is a crucial piece of legislation that places significant responsibilities on trustees for the proper administration of mosques. It is an undeniable truth that the collective responsibility for ensuring this rests upon every member of the congregation (Jama’ath), and each individual will be accountable for it in the Hereafter.