MWVA Section 5 : Saving Clause
Act
Summary
Section 5 of The Mussalman Wakf Validating Act, 1913, known as the Saving Clause, ensures that the act does not interfere with any local or sectarian customs among Mussalmans. This provision safeguards the traditional practices and usages specific to different classes or sects, maintaining their legal recognition and protection.
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Explanation using Example
Example 1: Preservation of Local Customs in Wakf Administration
Introduction: In a small village in Uttar Pradesh, a local Muslim community has a long-standing custom of appointing a specific family as the caretakers of their community wakf, which is a charitable endowment. This custom has been followed for generations and is well-respected within the community.
Application: According to Section 5 of The Mussalman Wakf Validating Act, 1913, this Act does not affect any custom or usage prevalent among Mussalmans of any particular class or sect. Therefore, the community's custom of appointing a specific family as caretakers is preserved and remains valid under the law.
Outcome: The legal provision ensures that the community can continue to follow their traditional practices without interference from the Act. This means the family can continue to manage the wakf according to their customs, ensuring that the community's cultural and religious practices are respected.
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