Not every dargah can be considered a waqf property: Madras High Court

The Waqf Board cannot automatically presume power implicit each different Muslim spiritual instauration unless the spot lodging a dargah (a tomb built implicit the sedate of a revered spiritual figure) had been surveyed, registered and notified arsenic a waqf (endowment), the Madras High Court has held.

Justice K. Govindarajan Thilakavadi wrote: “Mere beingness of a dargah does not automatically confer jurisdiction upon the Board unless the instauration is established oregon treated arsenic a Waqf successful accordance with law... The Board indispensable archetypal found jurisdictional facts earlier exercising power implicit the institution.“

The justice held truthful portion mounting speech a solution passed by the Tamil Nadu Waqf Board connected August 23, 2023 for declaring Sarkar Syed Habibullah Sha Kahdari Arif Rabbani Hazarat Dargah located connected Kamaraj Road astatine Triplicane successful Chennai arsenic a waqf spot and appointing an idiosyncratic named A. Shahinsha arsenic its Mutawalli.

She allowed a civilian entreaty filed by M. Mohammed Azmathulaah, who claimed to beryllium serving arsenic the Mutawalli of the dargah for the past 40 years connected hereditary basis. The entreaty had been preferred against the refusal of the Tamil Nadu Waqf Tribunal to interfere with the solution passed by the waqf board.

Justice Thilakavadi concurred with the appellant’s counsel V. Anusha that determination was nary grounds to beryllium the onshore connected which the dargah was located had been endowed by anyone oregon that it had been surveyed, registered arsenic a waqf and notified successful the authoritative gazette arsenic per law.

In the lack of immoderate specified process having been followed successful the contiguous case, determination would beryllium nary question of the spot being considered arsenic a waqf, the justice said. “Conduct of the survey earlier declaring a spot arsenic a Waqf spot is simply a sine qua non,” she added.

Requisite for declaration arsenic waqf

“A dargah whitethorn beryllium declared arsenic waqf lone if it satisfies the ineligible requirements nether the Waqf Act, 1995. Mere spiritual usage oregon beingness of a tomb oregon shrine is not automatically sufficient. There indispensable beryllium imperishable dedication of spot by a Muslim for purposes recognised by Muslim instrumentality arsenic pious, religious, oregon charitable, which is not recovered successful the contiguous case,” her verdict read.

Pointing retired the waqf committee had failed to found the spot could beryllium considered arsenic a waqf owed to its agelong usage for spiritual purpose, the justice said: “Every sedate oregon dargah is not automatically waqf property. Existence of a Muslim endowment is required. Courts often separate a backstage household tomb and a Saint shrine maintained arsenic a nationalist spiritual endowment.”