BOILING ISSUE OF WAQF IN KERALA

Apart from the fishermen's issue, there are also allegations that the slogan of 'Muslim' and 'Waqf' is an attempt to create division. It is also said that there is a conspiracy to divide the Muslim and Christian communities in the name of Munambam. Those who oppose the Waqf Act in its current form say that if the Waqf Board claims any property in India, it will be theirs and there is no contempt of court for it.

 

Origin and historical background of the dispute.

The Munambam Waqf land dispute revolves around 404 acres of land on the Munambam coast in Ernakulam district of Kerala. 600 families, mainly Christians from the Latin Catholic community and Hindus from the backward classes, live on this land. These families have been living on this land for decades. The Kerala State Waqf Board claimed ownership of the land, citing a waqf deed registered in 1950. However, the residents argue that they have the legal right to the land, which they purchased from Farooq College decades ago. 

 

The origin of the controversy 

 

The land was leased out by the Travancore royal family to Abdul Sattar Musa Sait, a prominent merchant in the area, in 1902. In 1950, Sait's son-in-law, Mohammed Siddique Sait, submitted the land to the president of the Farooq College Management Committee in Kozhikode and registered the waqf deed. The deed specifically mentioned that the land would be used for charitable and educational purposes as per Islamic law. In the 1960s, the process of evicting the residents who had occupied the Farooq College land began, leading to a legal battle. These residents, who had been living in pockets of the land for generations, have no official documents to prove their ownership. Finally, the college management decided to settle the matter out of court with the residents and sold the land to them in pieces at market prices. However, the sale became another headache as the college management did not disclose that the land they were selling was a waqf property as per the documents. Instead, they cited a "gift deed" registered in 1950 as the basis of ownership. The fact that the land was a waqf property was omitted from the sale details, which led to future disputes. Later, the Kerala Waqf Board argued that selling waqf land without the permission of the Waqf Board was illegal under the Waqf Act.

 

 

The Waqf (Amendment) Bill, 2024, underscores the Modi government’s broader plan to reshape the socio-political landscape. In India, the problems of misuse and misappropriation of waqf properties are real and need reform. In 2019, a decade after the Nisar Commission reported its findings, the Kerala Waqf Board decided to take action and voluntarily declared the land as waqf property, under Sections 40 and 41 of the Waqf Act, 1995. The Revenue Department stopped collecting land tax from the landowners, effectively undermining the claims of the owners. In 2022, the Kerala state government overturned the Waqf Board’s order. But the board challenged this decision in the Kerala High Court. The court issued a stay on the state government’s action, leaving the residents in legal limbo. Currently, several appeals are pending before the courts challenging the claims made by the residents and the Waqf Board. 

 

The Waqf deed originally mentioned 404 acres of land , and the actual land available today is much less due to natural erosion caused by the Arabian Sea and the Periyar River. According to the 2022 survey by the Revenue Department, out of the 404 acres, only 225 acres remain. This raises further questions about whether the original claim to the 404 acres of land is still legally viable. From the residents’ perspective, this is not just a land dispute, but a direct threat to their livelihood and financial stability. Since they no longer receive valid land tax receipts, they are unable to mortgage these properties for loans, which is adding to their financial hardship. Many of these families work as fishermen and daily wage earners. It is not financially viable for them to sustain the long legal battles. The residents argue that they legally purchased the land from Farooq College decades ago and have been paying taxes ever since. They claim that the Waqf Board’s actions threaten their livelihoods as the lack of valid tax receipts prevents them from using their properties as collateral for loans. 

The protest is being led by Christian organisations, including the Kerala Catholic Bishops’ Council, demanding an end to the harassment. Muslim organisations, including the Indian Union Muslim League, have assured that they will not try to evict the residents and are in favour of an out-of-court settlement.

 

 

What is a WAQF?? 

 

According to Islamic rules, it is property that is now available only for religious or charitable purposes, and any other use or sale of the property is prohibited. According to Sharia law, once a waqf is established and the property is dedicated to the waqf, it remains a waqf property forever. Waqf means that the ownership of the property is now taken away from the person making the waqf and transferred to Allah. According to Sharia, this property is now dedicated to Allah forever, which makes the waqf irrevocable in nature. 

 

Another interesting aspect of waqf is that an apartment in your housing society, if the owner of that apartment decides to give it as a waqf, it can be converted into a mosque any day without any consent from the other members of the society. 

 

Chief Minister Pinarayi Vijayan justified his government's approach by saying that the government stands with the long-term residents of Munambam. He dismissed the BJP's campaign, accusing it of an attempt to mislead the people.  

 

Since it is an issue that affects religious harmony and the lives of the poor, it is hoped that the government and the courts will take urgent steps as soon as possible to resolve the Munambam issue without allowing polarization on this account.