The Munambam waqf land dispute has led to protests and political debates in Kerala. Around 600 Christian and Hindu families are opposing the Kerala State Waqf Board’s claim over 404 acres of land in the Munambam suburb of the Ernakulam district in Kerala. The Waqf Board has asserted that the said land was granted as waqf property in 1950. On the other hand, the residents have argued that they legally purchased the land decades ago. The controversy has gained a lot of traction owing to the bypolls in the state, with political parties using the matter for their own agendas.
Dispute origins and historical background
The Munambam waqf land dispute revolves around 404 acres of land in the coastal region of Munambam in the Ernakulam district of Kerala. There are 600 families living on the land, constituted primarily of Christians from the Latin Catholic community and Hindus from backward sections. These families have lived on this land for decades. The Kerala State Waqf Board has claimed ownership of the land, citing a waqf deed registered in 1950. The residents, however, have insisted that they own the legal rights to the land as they purchased it decades ago from Farook College, which was once entrusted with its management.
Historical origins of the dispute
The origin of the controversy dates back over 110 years to 1902, when the Travancore royal family leased the land to Abdul Sathar Moosa Sait, who was a prominent trader in the region. In 1950, Sait’s son-in-law, Mohammed Siddeeq Sait, registered a waqf deed dedicating the land to the President of the management committee of Farook College of Kozhikode. The deed specifically mentioned that the land would be used for charitable and educational purposes as per Islamic law.
Legal battles and property sales
In the 1960s, Farook College started the process to evict residents who were occupying the land, leading to a legal battle. These residents, who lived on the land pockets for generations, did not have the official documentation to prove their ownership. Eventually, the college management decided to have an out-of-court settlement with the residents and sold land pockets to them at the market price.
The sale, however, became another headache, as, according to the documents, the management of the college did not disclose that the land they were selling was waqf property. Instead, they cited a “gift deed” that was registered in 1950 as the basis of the ownership. As the information of the land being waqf property was omitted from the sale information, it became the ground for future disputes. Later, the Kerala Waqf Board argued that the sale of waqf land without the consent of the Waqf Board was illegal under the Waqf Act.
Renewed controversy in the 2000s
For years, the issue did not become a matter of discussion until 2009, when the Nissar Commission, appointed by the CPI(M)-led government, announced that Munambam land was indeed waqf property. The commission found that the sale of the land initiated by Farook College was unauthorised and recommended that the land sold by the college should be recovered.
In 2019, a decade after the findings were reported by the Nissar Commission, the Kerala Waqf Board decided to act on it and suo motu declared the land as waqf property under Sections 40 and 41 of the Waqf Act, 1995. The Board then instructed the Revenue Department to cease accepting land taxes from the occupants of the land, effectively undermining the residents’ claims of ownership of the land.
In 2022, the Kerala state government overruled the Waqf Board’s directive. However, the Board challenged the decision in the Kerala High Court. The court issued a stay on the state government’s action, leaving the residents in a legal limbo. As of now, several appeals are pending in front of the court challenging claims made by the residents as well as the Waqf Board.
The question of land erosion
The dispute is not the only headache for the residents in the area. Adding to the complexity of the situation, the land is facing rapid erosion. While the waqf deed originally talked about 404 acres of land, the actual land available today is much less due to natural erosion caused by the Arabian Sea and the Periyar River. According to the Revenue Department’s survey in 2022, only 225 acres of land are left out of the said 404 acres. It raised further questions about whether the original claim of 404 acres of land is still legally tenable.
Current impact on residents
From the residents’ point of view, it is not just a land dispute but a direct threat to their livelihoods and financial stability. As they no longer get valid land tax receipts, it is not possible for them to mortgage these properties for loans, which adds to their economic woes. Several of these families work as fishermen and daily wage workers. It is not financially practical for them to sustain long legal battles. Protests led by Christian groups and Hindu residents have called for a swift resolution and demanded their property rights be recognised.
Statements from landowners and residents
Residents argue they purchased the land legally from Farook College decades ago and have been paying taxes ever since. They claim 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. Protests have been led by Christian groups, including the Kerala Catholic Bishops Council, which has demanded an end to the “harassment.”
Muslim organisations, including the Indian Union Muslim League, have assured they do not seek to evict the residents and favour an out-of-court settlement.
Political responses and polarisation
The Munambam dispute has become a major political flashpoint. BJP leaders, including Union Minister Suresh Gopi, have accused the Waqf Board of overreach. At a campaign rally, Gopi called waqf claims a “brutality” and promised to suppress it through legislative measures. He said, “This brutality will be suppressed in India… To uphold the true Constitution, this Bill (Waqf Bill) will be passed in Parliament.”
BJP leader B Gopalakrishnan took it further, alleging that religious shrines like Sabarimala and Velankanni could face similar claims in the future, urging voters to back the BJP to prevent such outcomes.
Chief Minister Pinarayi Vijayan has defended his government’s approach, saying it stands with the long-time residents of Munambam. He dismissed the BJP’s campaign, calling it an attempt to mislead the people.
Muslim leaders from factions like Samastha have emphasised the importance of reclaiming waqf land. O M Tharuvana, writing in Siraj Daily, called for justice for the residents and accountability for those who facilitated the sale of waqf land.
‘Once a Waqf, always a Waqf’
The literal meaning of Waqf is detention, confinement, and prohibition. As per Islam, it is the property now available only for religious or charitable purposes, and any other use or sale of the property is prohibited. As per Sharia law, once Waqf is established, and the property is dedicated to Waqf, it remains 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. As per Sharia, this property is now permanently dedicated to Allah, making Waqf irrevocable in nature.
‘Waqif’ is a person who creates a Waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the Waqif, or by a competent authority, to manage or administer a Waqf.
Since the ownership of the property is transferred to Allah from the Waqif in the case of Waqf, and the property cannot be taken back from Allah, once a property becomes Waqf, it will always stay Waqf.
Recently, the Gujarat Waqf Board had staked claim to the Surat Municipal Corporation building saying it is now the ‘property of the Waqf’ because the documents were not updated. As per Waqf, back during the Mughal era, the Surat Municipal Corporation building was a sarai and used during the Hajj travels. The property then belonged to British Empire during British rule. However, when India got independence in 1947, the properties were then shifted to the government of India. However, since the documents were not updated, the SMC building then became Waqf property, and as Waqf Board says, once a Waqf, always a Waqf.
In another bizarre case of staking a claim, Divya Bhaskar had reported that the Waqf Board had written an application to Gujarat High Court staking claim on the ownership of two islands in Bet Dwarka in Devbhoomi Dwarka. A perplexed High Court Judge refused to hear the application and asked the Board to revise its petition wondering how can Waqf stake a claim on land in Krishnanagri.
Another interesting aspect of Waqf is that an apartment in your housing society can any day turn into a mosque without any input from the other members of the society if the owner of that apartment decides to endow it as Waqf. Something similar happened in Shiv Shakti society in Surat where one of the plot owners registered his plot with the Gujarat Waqf Board, making it a holy place for Muslims, and people started offering Namaz there.
OpIndia’s detailed explanation of Waqf can be checked here.
