TMI Blog1993 (5) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the 13th Century jurist Ibn Taymiyah 'as a. place of fathering where prayer was celebrated and when public affairs were conducted'. (3) 'All mosques are where Muslim men on an equalitarian basis rich or poor, noble or humble, stand in rows to perform their prayers behind the imam (4) Imams are expected to look after the cleanliness of mosque, call azans from the balcony of the minarets to the whole religious meetings and propagate the Islamic faith. They are expected to be well versed in the Shariat, the holy Quran, the Hadiths, ethics, philosophy, social, economic and religious aspects. Imam or prayer leader is the most important appointee. In the early days the ruler himself filled this role; he was leader (imam) of the government of war, and of the common salat ( ritual prayer ). Under the Abbasids, when the caliph no longer conducted prayers on a regular basis, a paid imam was appointed. While any prominent or learned Muslim can have the honor of leading prayers, each mosque specifically appoints a man well versed in theological matters to act as its imam. He is in charge of the religious activities of the mosque, and it is his duty to conduct prayers five tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and obligations required for offering prayers according to the principles laid down by the Kuran and Sunnah. The affidavit filed on behalf of Wakf Board has pointed out that mosque can be categorised in five categories, one, which are under direct control or management of the Government such as Mecca Masjid or the mosque situated in public garden which are not governed or regulated by the Muslim Wakf Board', second, mosques which are under the direct management of Wakf Board-, third, mosques which are under the control of mutwallis under various Wakfs according to the wishes of the Wakf as the creator of the Wakf, fourth, mosques which are not registered with the Wakf Board and are managed by local inhabitants and are under the management of the public who offer prayers regularly in a particular mosque-, and fifth, mosques which are not managed by mutwallis or the Muslin-is of the locality. It is claimed that imams of fourth and fifth category are not regular and any Muslim can lead the prayers, whereas under the third category mosques are having regular imams. Financial difficulty of the Wakf Board to meet the demand has also been pointed out. The Pondicherry Wakf Board has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to any rules that may be made under this Act, the (general superintendence of all wakfs in State in relation to all matters, except those which are expressly required by this Act to be dealt with by the Wakf Commissioner, shall vest) in the Boar d established for the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the Wakfs under its superintendence are properly maintained controlled and administered and the income thereof is duly applied to the objects and for the purposes for the objects and for the purposes for which such wakfs were created or intended: Provided that in exercising its powers under this Act in respect of any wakf, the Board shall act in conformity with the directions of the Wakf, the purposes of the wakf and any usage or custom of the wakf sanctioned by the Muslim law . Clause (b) of Sub-section (2) obliges the board to ensure that the income and other property of a wakf are applied to the objects and for the purposes for which that wakf was created or intended . The board is vested not only with supervisory and administrative powers over the wakfs but even the financial power vests in it. One o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the day, therefore, to claim or urge that since Imams perform religious duties they are not entitled to any emoluments. Whatever may leave been the ancient concept but it has undergone change and even in Muslim countries mosques are subsidised and the Imams are paid their remuneration. We are, therefore, not willing to accept the submission that in our set up or in absence of any statutory provision in the Wakf Act the imams who look after the religious activities of mosques are not entitled to any remuneration. Much was argued on behalf of Union and the Wakf Boards that their financial position was not such that they can meet the obligations of paying the imams as they are being paid in the State of Punjab. It was also urged that the number of mosques is so large that it would entail heavy expenditure which the boards of different States would not be able to bear. We do not find any co-relation between the two. Financial difficulties of the institution cannot be above fundamental right of a citizen. If the boards have been entrusted with the responsibility of supervision and administering the wakf then it is their duty to harness resources to pay those persons who perform the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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