Section 43: Provision in waqfnama no longer applicable
consolidated text (as at 1992). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
43. Provision in waqfnama no longer applicable
Where the existing conditions relating to the appointment of a successor
to the mutawalli or to the administration of the waqf are no longer applicable, owing to the altered circumstances of the waqf property, or of society,
or of the position of the parties, and persons are actually in the administration of the waqf property, by the tacit consent of the beneficiaries, those
persons, if acting without dishonesty and without improper dealings with the
funds of the waqf property, shall not be held responsible for mere errors of
judgment in which the beneficiaries have acquiesced, but they shall be answerable for money actually received, and for defalcations which they would
have discovered but for their default or neglect.