Definition and Etymology
Definition:
Mutawalli (مُتَوَلِّي) refers to the manager or custodian responsible for the administration of a waqf (Islamic charitable endowment). The primary roles of a Mutawalli include the preservation of waqf property and the maximization of revenue for the waqf’s beneficiaries. Selected often by the founder of the waqf, a Mutawalli may be a family member ensuring family interests align with the beneficent purposes of the waqf.
Etymology:
The term Mutawalli springs from the Arabic root و-ل-ي (w-l-y) which means “to confer power” or “to take responsibility.” The term inherently signifies assuming a guardianship or management role over certain duties and responsibilities, particularly custodianship.
Background and Duties
A waqf often includes properties such as lands, buildings, or financial assets dedicated for religious, educational, and social welfare purposes. The Mutawalli’s responsibilities extend beyond mere oversight; they must:
- Preserve the Property: Ensuring the physical and legal integrity of the waqf assets.
- Manage Resources: Economically managing the waqf’s resources for optimal output.
- Disburse Revenue: Equitably disbursing earnings to the intended beneficiaries.
- Maintain Records: Keeping accurate records of all transactions and activities.
If the founding document lacks stipulations on the Mutawalli’s compensation, the Mutawalli may either work voluntarily or seek judicial oversight for remuneration.
Historical Facts and Dates
Historically and legally, the concept of Mutawalli has evolved alongside Islamic law interpretations:
- 7th Century CE: Emergence of the waqf system during the Prophet Muhammad’s era.
- Ottoman Period (1299-1922 CE): Advanced legal structures by scholars to regulate waqf and the role of the Mutawalli.
- 20th and 21st Centuries: Modernization of waqf practices incorporating contemporary legal challenges.
Cultural Differences and Similarities
Cultural Differences:
- Arab Regions: A Mutawalli’s role might often stay within the founder’s family, binding family and cultural legacy.
- South Asia: Legal systems might have state oversight committees that play a complementary custodial role alongside the appointed Mutawalli.
- Southeast Asia (Malaysia and Indonesia): Waqf boards or councils may exist to facilitate and monitor the process.
Cultural Similarities:
Universally across Islamic cultures, the role embodies respect for charitable intentions and aligns closely with the broader humanitarian principles outlined in Islamic teaching.
Related Terms
Waqf (وقف):
An endowment made by a Muslim to a religious, educational, or charitable cause.
Nazir (ناظر):
Inspector or administrator managing waqf properties besides the Mutawalli. In some contexts, may serve similar functions.
Synonyms:
- Trustee
- Custodian
- Manager
Antonyms:
- Beneficiary
- Tenant (in specific property relations)
Exciting Facts
- The role of Mutawalli can also extend to women in various cultures where maternal lineage impacts waqf properties.
- Prominent Mutawallies in history managed considerable wealth sometimes rivaling state treasuries in their scope and contribution.
Quotations from Notable Writers
“The office of Mutawalli is not merely an administrative role; it engulfs the moral responsibility of stewarding the gifts meant for communal benefits.” – Ibn Khaldun
Recommended Literature
To Further Explore:
- “Waqf in Islamic & Community Development” by Mohammad Hashim Kamali.
- “The Culture and Civilization of Charity in Islam: A Waqf Perspective” by Timur Kuran.
Inspirational Thought-Provoking Farewell
Cherish the spirit of giving and stewardship embodied by the role of Mutawalli. Remember, the preservation and proper management of charitable endeavors forge a lasting legacy of beneficence and community welfare.
بقلم: فاطمة بن مالك – By Fatima Ibn Malik 2023-10-05
