The Kerala High Court has declined to issue a stay on the reconstitution of the State Waqf Board by the UDF government, instead referring the case to a larger division bench. This decision was made on Monday, following a petition filed by former board chairman KS Hamsa, who sought to halt the government’s actions. The single bench noted that the issues raised in Hamsa’s petition were closely related to those in another Public Interest Litigation currently pending before the division bench.

The government had dissolved the board led by Hamsa, which was established by the previous LDF government in March. In its place, a new nine-member board has been appointed, headed by MC Mayin Haji, a leader of the Indian Union Muslim League (IUML). This change has sparked controversy, particularly among factions within the Muslim community.

Allegations of Exclusion by Sunni Faction

The Kanthapuram faction of the Samastha Kerala Jem-iyyathul Ulama has accused the UDF government of failing to provide adequate representation for their group on the newly constituted board. In response to the perceived exclusion, the faction has announced plans to organise marches to collectorates across all 14 districts on October 22.

Rahmathulah Saqaufi Elamaram, a leader within the faction, expressed his concerns through a Facebook post, alleging that the government has intentionally sidelined both the AP and EK factions of Samastha. Elamaram further questioned the rationale behind including groups that he claimed manage only a minor portion of Kerala’s Waqf properties. The AP faction’s Malayalam publication, ‘Siraj’, echoed these sentiments in an editorial.

It asserted that the government had reneged on its promise to ensure that Samastha received appropriate representation on both the Waqf Board and the Hajj Committee. The editorial emphasised that the Waqf Board’s primary role is to safeguard Waqf properties, prevent encroachments, and ensure that the income generated from these properties is utilised for their intended purposes, rather than serving the interests of any political party.

Defence of the New Board by IUML

In light of the criticisms, IUML state president Sayyid Sadiq Ali Shihab Thangal has come forward to defend the reconstitution of the Waqf Board. He stated that the organisations that were not included in the new board could still obtain representation in other bodies, such as the Hajj Committee and the Madrasa Welfare Fund Board. Thangal also refuted claims that Samastha had no representation on the new board.

According to Thangal, the new board includes two representatives from Samastha, one of whom is the chairman himself, a prominent figure within the organisation. Musthafa Faizi, another member from Samastha, is also part of the board. Thangal assured reporters that the board is committed to addressing the concerns of all institutions without bias.

In addition, Thangal mentioned that the IUML has convened a meeting of various Muslim organisations to discuss issues related to the board’s reconstitution and to ensure that all voices within the community are heard. The ongoing developments highlight the complexities surrounding the governance of Waqf properties in Kerala and the need for inclusive representation in decision-making processes.

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