The dispute over Waqf land in Munambam, Kerala, has become a minefield of growing tensions, especially as the state gears up for three crucial by-elections. The competing campaigns of Kerala’s major political fronts – the Left Democratic Front (LDF), the United Democratic Front (UDF) and the National Democratic Alliance (NDA) – have intensified efforts to mobilise public opinion, each seeking to capitalise on the issue for political gain. At its core, this conflict involves 404.76 acres of land originally endowed as Waqf property for Farook College in 1950. The legal wrangling over this property has thrown over 600 families into uncertainty, as they face the threat of eviction. The dispute not only stirs communal sentiments but also highlights the complex dimensions of historical property rights, Islamic legal principles and modern legal frameworks.
Waqf in Islamic law
The concept of “Waqf” in Islamic jurisprudence refers to the irrevocable dedication of property for religious, charitable or educational purposes. Under the Hanafi school of thought, which the Kutchi Memon community in Kerala follows, once a property is declared as Waqf, it is considered to belong to God and cannot be sold, transferred or inherited. The property must continue to serve the public good perpetually, managed by a trustee (mutawalli) who oversees its proper use according to Islamic principles.
However, the Hanafi school does provide exceptions under specific conditions. For instance, if the original charitable intent of the Waqf cannot be fulfilled due to financial constraints or other practical challenges, modification or even sale might be permissible. This flexibility, however, is tightly regulated to prevent misuse. The question of whether the Munambam property, endowed to Farook College in 1950, fits within this framework has been a central point of legal contention, particularly since the deed contained a conditional clause that if the college ceased to operate, the land would revert to the original donor’s heirs.
Genesis of the dispute
The origins of the Munambam Waqf property in Vypin Island (under Ernakulam district) can be traced back to the early 20th century. The Kutchi Memons, a trading community from Gujarat, migrated to Kerala and established a foothold in the Cochin-Travancore regions. In 1902, Abdul Sattar, a prominent member of the Memons, was granted a lease for over 400 acres of land in Munambam by the princely state that controlled the land. This land, in a significant agricultural and coastal area, was formally registered in 1948 by his close relative, Mohammed Siddique Sait.
In 1950, Siddique Sait endowed the land to Farook College through a Waqf deed. The deed stipulated that the property was to be used exclusively for educational and charitable purposes. However, the deed also contained a unique conditionality: if the college ceased its operations, the land would revert to Sait’s heirs. This clause introduced ambiguity regarding the absolute nature of the Waqf, complicating subsequent legal interpretations.
Also read: ‘Waqf Board Members Are Quasi-Judicial Officers, Religion Doesn’t Factor Into Their Decision’: SC
Evolution of Waqf laws in India
To understand the legal framework surrounding this dispute, it is crucial to review the evolution of Waqf laws in India.The Waqf Act of 1954 was the first comprehensive attempt to regulate the management of Waqf properties across India. It established state Waqf boards to oversee the administration of these properties and prevent misuse. Amendments to the Waqf Act in 1995 introduced stricter controls to prevent unauthorised sale or transfer of Waqf properties. Sections 51-56 of the Act explicitly prohibit the sale or alienation of Waqf land without the prior approval of the Waqf Board. The 2013 amendmentfurther strengthened these provisions by imposing penalties for non-compliance and streamlining procedures for reclaiming encroached properties.
The Kerala Waqf Rules, specifically Rule 95, empower the chief executive officer of the Waqf Board to conduct inquiries into unauthorised sales and encroachments. If the CEO determines that a property was improperly sold, the board can order its recovery. These legal provisions have been invoked in the ongoing Munambam dispute, where the Waqf Board is attempting to reclaim land allegedly sold without authorisation by Farook College.
Role of Farook College
Farook College, one of Kerala’s leading educational institutions, was initially entrusted with the Waqf land to support its educational mission. However, over the decades, the college management engaged in transactions that have since been deemed unauthorised. There was also a serious lapse on the part of the college to register the property with the Waqf Board in time.
In a controversial development, the college’s managing committee granted a power of attorney to advocate M.V. Paul in December 1998, authorising the sale of portions of the Waqf property. This action violated Waqf regulations, which required prior approval from the Waqf Board for any transfer or sale of Waqf properties. The unauthorised transactions led to legal disputes and were later deemed void.
A complaint filed in 2008 by a former Waqf Board member brought these unauthorised transactions to light. An investigation led by Justice M.A. Nisar in 2009 confirmed that the sales violated the terms of the original Waqf deed. But, both the government and the Farook College failed to take any action on this. The findings, however, prompted the Kerala State Waqf Board to issue an order in 2019, formally registering the land as Waqf property and declaring the previous sale void.
Legal challenges over the years
In the 1960s, disputes over the control of the land began to surface, with tenants challenging Farook College’s authority. In 1967, a case was filed in the Subordinate Judge’s Court in Paravur, questioning the Waqf status of the land. The court ruled in favour of Farook College in 1971, confirming that the property was indeed Waqf land dedicated to educational purposes. This ruling was upheld by the Kerala High Court in 1975, thereby reinforcing the Waqf status of the land.
Despite these rulings, Farook College’s management continued to engage in land transactions under the pretext that the land was only a “gift deed.” The Kerala high court took notice of these activities when petitions were filed challenging the legality of the sales. In response to the Waqf Board’s 2019 registration of the land, residents who had purchased plots from the college filed petitions claiming that the Waqf Board’s actions infringed on their property rights. They argued that the original Waqf deed did not explicitly transfer ownership to the Waqf Board but rather vested rights with the managing committee of the college.
In 2022, a single bench of the Kerala high court briefly allowed residents to resume paying property taxes, which was seen as a move towards validating their claims to the land. However, this ruling was swiftly stayed following an appeal by the Kerala Waqf Protection Forum, which argued that continued tax payments would complicate the Waqf Board’s efforts to reclaim the property.
Amid growing agitation, the Kerala high court recently directed the state and union governments to file a counter affidavit in response to a petition filed by the residents of Munambam challenging certain provisions of the Waqf Act. The petition was filed by Joseph Benny and seven others from Munambam who had purchased land from the managing committee of Farook College, Kozhikode. They alleged that the Waqf Board was taking steps to evict them and 600 other families saying the land belonged to it. The revenue officials had refused to mutate land documents at the request of the chief executive officers of the Waqf Board.
Stance of ruling and opposition parties
Further adding to the precariousness of the situation, in December 2022, the LDF Minister in-charge of Waqf, V. Abdurahman responded to a submission by Indian Union Muslim League (IUML) leader K.P.A. Majeed, affirming the government’s stance to reclaim what he asserted as Waqf land. Yet, interestingly, both LDF and IUML leaders have since changed their positions, publicly expressing support for the affected families and questioning the land’s Waqf status, a rhetorical somersault likely influenced by the looming bye-elections.
Even as land dispute has become a significant political issue, the Bharatiya Janata Party (BJP) began capitalising the situation to challenge both the CPI(M)-led LDF government and the Congress-led UDF opposition. The BJP has framed itself as a defender of property rights, appealing to the Christian and fishing communities who are at risk of eviction. This strategy aligns with the party’s broader agenda to question the constitutionality of Waqf laws.
The BJP’s campaign has gained traction, particularly after the catholic church voiced concerns over Waqf encroachments on community properties. The Sangh Parivar has argued that the pending Waqf (Amendment) Bill, 2024, would protect residents’ property rights. However, the proposed bill primarily aims to streamline the management of Waqf properties and curb administrative mismanagement, not to resolve historical disputes. The Sangh Parivar’s claim that the Waqf Amendment Bill of 2024 will address the Munambam dispute is misguided.
The dispute is rooted in the specific terms of the 1950 deed, which included a clause allowing the property to revert to the original donor’s heirs if the college ceased operations. This condition challenges the absolute nature of the Waqf under Islamic law, making it difficult to address through generic legislative amendments.
Toward a balanced resolution?
Plausibly, all parties now agree that the rights of the longstanding residents of the Munambam coast must be respected, as their deep-rooted connection to the land cannot be dismissed. These families, having lived there for decades, should not face eviction. However, amid this complex dispute, it must be noted, widespread encroachments have taken place, with numerous tourist resorts capitalising on the area’s growing appeal. Many of these resorts and other vested interests are exploiting the ongoing agitation, using the plight of residents to shield their own unauthorised land occupations.
In response, the Kerala government has convened meetings with the relevant ministries, officials, and the Waqf Board to address this issue comprehensively. It seems imperative that these discussions urgently assess the legal standing of the residents, particularly those who hold legitimate title deeds. Ensuring their rights is crucial. At the same time, any illegally occupied portions must be identified and reclaimed, allowing the remaining Waqf land to be restored and safeguarded in accordance with existing laws. The resolution of this matter will also depend on the forthcoming decisions of the Kerala High Court, which is currently reviewing multiple petitions from different stakeholders.
A timely settlement is vital to restoring communal harmony and fostering mutual coexistence in Kerala. For the affected families, the stakes are not just legal but deeply personal, rooted in their right to continue living in their ancestral homes. To resolve this dispute, more than legislative interventions are needed. A constructive dialogue between the Kerala government, the Waqf Board, and the affected communities is essential to reach a fair and lasting solution. A pragmatic approach would be to recognise the rights of those with valid title deeds while also ensuring that the original charitable objectives of the Waqf are honoured.
The author is Director, Inter University Centre for Social Science Research and Extension (IUCSSRE), Mahatma Gandhi University (MGU), Kerala. He also served as ICSSR Senior Fellow, Senior Professor of International Relations and Dean of Social Sciences at MGU.