The dispute exposes the challenges of integrating religious endowments into modern governance. While Waqf law seeks to protect the sanctity of properties, the failure of institutions, like the Kerala Waqf Board, to enforce compliance has often led to mismanagement, unauthorised sales, and disputes like the one in Munambam.
Published Nov 27, 2024 | 9:00 AM ⚊ Updated Nov 27, 2024 | 9:00 AM
Munambam land dispute
The Munambam land dispute in Kerala is a poignant reminder of the delicate balance between faith, law, and social equity.
Rooted in the Islamic concept of Waqf, this conflict concerns over 400 acres in Ernakulam’s Vypeen Island, which was endowed to Farook College in 1950 for educational purposes.
Decades later, the land has become a contested site, with over 600 families at risk of eviction, widespread legal challenges, and intense political maneuvering. As Kerala navigates this sensitive issue, the debate raises critical questions about communal harmony, the
relevance of historical endowments in modern governance, and the rights of residents whose lives are deeply intertwined with this land.
In Islamic law, Waqf represents the irrevocable dedication of property for charitable, educational, or religious purposes. A Waqf is intended to serve the public good in perpetuity, overseen by a trustee (Mutawalli), who ensures that the original intent of the endowment is fulfilled.
Under the Hanafi school of thought, followed by the Kutchi Memon community that brought this practice to Kerala, Waqf property is seen as a sacred trust, immune from sale, inheritance, or transfer.
However, exceptions to these principles do exist. If a Waqf cannot serve its intended purpose due to financial constraints or other challenges, Islamic jurisprudence allows limited modifications under strict oversight. It is this intersection of faith and practicality that underpins the Munambam dispute.
The original Waqf deed for the land stipulated that if Farook College ceased operations, the land would revert to the donor’s heirs. This conditional clause has created a significant ambiguity, challenging Waqf’s perpetual nature and introducing complexities into its legal interpretation.
The dispute exposes the challenges of integrating religious endowments into modern governance. While Waqf law seeks to protect the sanctity of these properties, the failure of institutions, like the Kerala Waqf Board, to enforce compliance has often led to mismanagement, unauthorised sales, and disputes like the one in Munambam.
This tension between faith and governance lies at the heart of the crisis.
The Munambam land’s story begins in the early 20th century when Abdul Sattar, a Kutchi Memon trader, acquired the property through a lease from the princely state of Cochin.
In 1950, his relative, Mohammed Siddique Sait, formally dedicated over 400 acres of this land as Waqf property to support Farook College, a leading educational institution in Kerala.
The deed contained an unusual clause: If the college ceased operations, the land would revert to Sait’s heirs. While the intent was to safeguard the land’s charitable purpose, the clause opened the door to decades of legal ambiguity.
Farook College, entrusted with managing the land, became embroiled in controversy due to unauthorised sales. Despite the Waqf deed’s stipulations, the college’s management committee engaged in land transactions without obtaining the necessary approvals from the Waqf Board.
Investigations later revealed serious lapses, including the failure to register the property with the Waqf Board until decades after its dedication.
In 2009, an inquiry led by Justice MA Nisar found that the sales violated the Waqf deed, but no immediate action was taken. It wasn’t until 2019 that the Kerala Waqf Board formally registered the land and declared the sales void.
However, by this time, the land had been fragmented among hundreds of families and commercial entities, sparking widespread resistance to the Board’s actions.
The courts have since become a battleground for competing claims. While early rulings in the 1970s affirmed the Waqf status of the land, later cases have highlighted the complexities introduced by the conditional clause in the original deed.
Residents who purchased land from Farook College argue that they were unaware of its Waqf designation and claim legitimate ownership. Meanwhile, the Waqf Board maintains that the sales were unauthorised and must be nullified to restore the land’s sanctity.
As Kerala passed through by-elections in three constituencies, the Munambam dispute became a potent political issue. The ruling Left Democratic Front (LDF), the Opposition United Democratic Front (UDF), and the National Democratic Alliance (NDA) have all sought to align themselves with the affected families, each framing the issue to suit their narratives.
Initially, the LDF government, led by Chief Minister Pinarayi Vijayan, appeared to support the Waqf Board’s efforts to reclaim the land. However, as protests by residents intensified, the government shifted its stance, advocating for a balanced resolution that respects the rights of longstanding occupants.
This recalibration reflects the LDF’s sensitivity to public sentiment that made the chief minister state that no one will be forced to leave Munambam.
The UDF, historically allied with the Indian Union Muslim League (IUML), has also grappled with its position. While the IUML initially backed the Waqf Board’s actions, it later voiced support for the residents, underscoring the political tightrope the UDF must walk in balancing its Muslim voter base with broader public concerns.
The NDA, led by the Bharatiya Janata Party (BJP), approached the issue through a different lens, emphasising property rights and portraying itself as a defender of marginalised communities. The BJP has gained traction among Christian and fishing communities in Munambam, who fear eviction due to the dispute.
The party has also framed the issue as an example of Waqf overreach, calling for legislative reforms to protect non-Muslim communities’ property rights. This political posturing has amplified the stakes of the dispute, turning it into a litmus test for Kerala’s political leadership and their ability to address complex social issues without succumbing to tactics of communal polarization.
Resolving this complex issue demands a thoughtful and empathetic approach that fairly balances the rights of all stakeholders involved. The courts have a critical role in clarifying the land’s legal status, ensuring the principles of Waqf law are upheld while recognising the rights of families who have lived on and developed the land for decades.
This dual responsibility requires careful consideration of historical legal precedents and the human realities of the affected residents.
To facilitate this, the Kerala government and the Waqf Board must work in unison to distinguish between legitimate occupants and unauthorised encroachers. Protecting families with valid title deeds is essential, while commercial entities exploiting the situation must be held accountable.
Reclaiming improperly occupied portions can ensure that the remaining Waqf land is preserved for its intended charitable purpose.
Additionally, enhanced governance mechanisms are vital to preventing similar conflicts in the future. The Waqf Board must prioritise strengthening its oversight processes, including timely registration of Waqf properties and rigorous enforcement of relevant laws.
Implementing digital record-keeping systems and fostering greater transparency in decision-making can further mitigate risks of mismanagement. Ultimately, the resolution of this complex issue hinges on open dialogue and compromise among all stakeholders, including the government, Waqf Board, residents, and political parties.
Exploring solutions such as financial compensation or alternative housing for displaced families can ensure that no one is left without support, paving the way for a fair and lasting settlement that respects both legal and humanitarian considerations.
The Munambam land dispute is not merely a legal or political issue; it is a deeply human crisis that affects hundreds of families, challenges the sanctity of religious endowments, and tests the resilience of Kerala’s social fabric.
While political parties continue to exploit the issue for electoral gains, the path to resolution lies in empathy, pragmatism, and a commitment to justice.
By recognising the rights of legitimate residents, safeguarding the original intent of the Waqf, and fostering dialogue among stakeholders, Kerala can turn this crisis into an opportunity to strengthen its tradition of communal harmony and equitable governance.
The resolution of the Munambam dispute will not only shape the lives of those directly affected but also serve as a model for addressing similar conflicts across India.
(Amal Chandra is an author, political analyst, and columnist. Views are personal. Edited by Majnu Babu).
