It has appointed a new nine-member board headed by an Indian Union Muslim League (IUML) leader. A Sunni faction says it has been denied fair representation and plans legal and street protests. The sources we reviewed do not report any High Court ruling on a stay, so this article does not claim one.

What has happened?

According to a Hindustan Times report, the state government dissolved the Waqf Board headed by K S Hamsa on a Friday. That board had been constituted in March this year by the previous LDF government. The government then appointed a new nine-member board, even though more than four years of the earlier board's tenure were reportedly still left.

The new board is headed by IUML leader M C Mayin Haji. The other members named in the report are:

  • Kurukkoli Moideen (IUML leader and MLA)
  • Musthafa Faizi
  • Siras D Capsi
  • Thodiyoor Muhammed Kunju Maulavi
  • Sajna Firoz
  • Jaseem Sabaha
  • Dr Abdul Majeed Swalahi
  • C Madina Begham

What is a Waqf Board?

A Waqf is property dedicated for religious or charitable purposes. The Waqf Board is the state body concerned with such properties. In the words of the Sunni editorial quoted below, its main duties are protecting Waqf properties, preventing encroachment and misuse, and making sure income is used for the purposes the properties were dedicated for.

Who is objecting, and why?

The Kanthapuram A P Aboobacker Musliyar faction of the Samastha Kerala Jem-iyyathul Ulama has criticised the move strongly. Its Malayalam daily, Siraj, published an editorial calling the reconstitution "deceitful". The editorial makes these points:

  • The government went back on an assurance of due representation for Samastha in bodies such as the Waqf Board and the Hajj Committee.
  • The Sunni community, which it describes as the majority among Muslims in the state, has been hurt and insulted.
  • Representatives of the Mujahid and Jamaat-e-Islami organisations were included, while both Samastha factions were kept out.
  • Some Waqf properties were dedicated centuries ago for specific purposes, which in its view makes including reformist groups inappropriate.

The editorial also said Sunni organisations, including the Kerala Muslim Jamaath and the Sunni Yuvajana Sangham, have announced plans to pursue legal remedies and public protests.

What has the IUML said?

IUML state president Syed Sadikali Shihab Thangal downplayed the controversy. He said all Muslim organisations had been given representation. He also said anyone with grievances was free to approach the court.

  • He said those left out could be considered for other bodies, such as the Hajj Committee and the Madrasa Welfare Fund Board. Those bodies are yet to be reconstituted.
  • He said the board would address concerns without discrimination.

What does this mean legally?

The dispute is currently a political and representational one. The sources describe an announced intention to seek legal remedies, but they do not describe any petition, order or court decision. We therefore cannot say whether any court has examined, stayed or declined to stay the government's order. Readers should treat reports of a court outcome with caution until they see the order itself.

Who is affected, and what should readers do?

The board's make-up matters most to Muslim organisations and communities that manage Waqf properties, and to mosque and madrasa committees that deal with the board. Ordinary readers need not take any action. If your institution has dealings with the Waqf Board, watch for official communication from the board or the state government. Follow the court record if a petition is filed.

Frequently asked questions

Has the Kerala High Court refused to stay the order?

The sources we reviewed do not mention any High Court order on this. They only say that Sunni organisations plan to pursue legal remedies and that the IUML leader said aggrieved persons could approach the court.

Who heads the new Waqf Board?

M C Mayin Haji, an IUML leader, heads the new nine-member board, according to Hindustan Times.

Sources

Not legal advice. This page explains the law in general terms. Rules, fees and limits change, and your facts matter. Check the official source or consult a qualified advocate before acting. Disclaimer