In Brief
A waqf created in 1936 appointed two joint mutawallis—one from the settlor's son's line and one from the settlor's son-in-law's line. When the son-in-law's descendants sought appointment as joint mutawalli after his death, they were rejected because they descended through the female line. The Supreme Court held that while ordinarily the surviving mutawalli continues alone, the phrase "for the time being" in the deed showed the settlor intended the survivor to nominate a successor. Since one original mutawalli was from the female line, the settlor must have intended to include such descendants in his "family line." The Court allowed descendants through the female line to be considered for joint mutawalliship and directed the Wakf Board to appoint a competent person from that line.
The lawyer headnote and full judgment text are available to registered users.