Law: Constitution of Pakistan (1952)

Section: 98

Constitution of Pakistan (1952), Art. 98-Locus standi of petitioner - Petition relating to wakf property by Secretary, Mutawalli Committee-Member of such Committee entitled to E' represent petitioner after his death.   Muhammadan Law-Wakf-Once a wakf always a wakf---Wakf and trust-Concepts different-Provisions of Trusts Act, 1882 or English concept of law of trust-Cannot be imported into principles of wakf in Muslim Law-Creation of educational endowment out of surplus fund of wakf property-Does not militate against provisions of Wakf Act, 1934 or general provisions of Muslim Law-Bengal Wakf Act (X111 of 1934)-Trusts Act (II of 1882).   Under the Muhammadan Law, it is a well settled and incon trovertible principle that once a wakf always a wakf, if the wakf properties can be traced and identified. A wakf cannot change its character as a wakf merely because it has sometimes been described by another name. There is good deal of similarity between a wakf and a trust, but there are also vital and substantial differences. It is not permissible to import, in toto, the Trusts Act, 1882 or the concept of the law of trust as it is understood in England, into the principles of wakf in Muslim Law. If any person can lay his finger at a property to be wakf, it shall continue to remain as wakf as long as it can be identified. If an educational endowment is created out of the surplus funds of wakf, the creation of such endowment does not militate against the provisions of the Wakf Act, 1934 or the general provisions of the Muslim Law. The endowment is integrated into the wakf itself.   East Bengal State Acquisition and Tenancy Act, 1950 (XXYIII of 1951), S. 58 (4)-Wakf property acquired by Govern ment under Act-Proceeds of wakf, in whatever form they may be, must be made over to Commissioner of Wakfs or Administrator of Wakfs as the case may be. Dates of hearing : 8th July, 12th August and 24th November 1965.   JUDGMENT   MURSHED, C. J.-This application relates to a historical wakf founded by Haji Mohammad Mohsin, a great man in the annals of this sub-continent. The application,which sets out the genesis of the wakf and its historical growth, has…