The mutawalli though not a trustee, yet he has duties similar to those of a trustee. Thus, if a Mutawalli wrongfully deprives a beneficiary of the profits of the Wakf property, he is liable to pay interest on the amount in the same way as a trustee is bound to pay it under S. 23 of the Trust Act. In Muslim law the trusteeship of the mutawalli is known as a tawliyat. In the words of Fyzee, “Apart from legal responsibilities, the performance of this obligation is a moral and religious duty, and a disregard of such duties is morally and ethically reprehensible”.

The mutawalliship, unlike the shebaitship is not property. Hindu law invests certain proprietary elements in the shebaiti right to make shebaitship itself a property. This is not so under Muslim law, where mutawalliship is no more than an office.

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