(Paras 1 to 15 omitted being narration of facts. - Ed.)

16. From a reading of this document it is clear that the charities could be performed or could be entrusted to others to see that it is performed. Further it is clear from the document that the main purpose is only to give food during the birth and death anniversary of two persons mentioned in the document. No religious function is directed to be performed and it is only charity was feeding the poor, was directed to be performed under the document. On the basis of document, for the purpose mentioned above, we have to consider whether females could be excluded from acting as mutawalli.

17. Asaf A.A. Fysee is his book Outlines of Muhammedan Law (3rd Edition 1964) at page 304 of the text has stated thus:

"It may be said generally that every sane adult is entitled to be a mutawalli, unless there is a specific bar. It is well-settled that the following can legally act as mutawallis; (i) the founder himself (wakf) (ii) his children, (iii) women (iv) non-muslims; (v) sunniites in a shiite wakf and vice versa.

Minority and unsoundness of mind are positive disqualifications; in Pakistan it has been held that a minor can be appo