The Long Partition and the Making of Modern South Asia (Cultures of History) by Vazira Fazila-Yacoobali Zamindar

Author:Vazira Fazila-Yacoobali Zamindar [Zamindar, Vazira Fazila-Yacoobali]
Language: eng
Format: epub
Tags: HIS017000, History/Asia/India &#x0026, south asia, SOC002010, Social Science/Anthropology/Cultural
Publisher: Columbia University Press
Published: 2007-11-13T18:30:00+00:00

The evacuee property laws and the Separation Act also encompassed family endowments or waqf-e-aulad, and the appointed caretaker or a mutawalli, or one of the mutawallis, was declared “evacuee.”58 There are numerous court cases related to waqf-e-aulad and evacuee property, given that they required interpretation of rights through codifications of Muslim law. One example is that of a waqf established in 1913 in UP where two brothers were mutawallis. While Ali Ahmad was appointed a lambardar in 1918 in respect of the property, the younger brother, Ali Asghar, joined military service, had little interest in the property and then later opted for Pakistan. As a result the waqf was declared evacuee and its management was taken over by the custodian. Ali Ahmad, who must have been over fifty-two years of age at this time and had managed the lands all his adult life, and may have remained in India because he was tied to the land, lost his livelihood. His appeal to the courts was to simply have the management of the waqf returned to him; he argued that he would give half the income from the land to the custodian if only he could be its caretaker.59

From propertied individuals, to tenants, to joint family households, to caretakers and beneficiaries of endowments, Muslims particularly across north India had to contend with evacuee property laws, which, as was widely noted at the time, internally displaced them, economically disenfranchised them, and made it very difficult for them to participate not only in the economy of the nation, but also in its political life.

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