MUMBAI: The Bombay High Court on Tuesday legalized the appointment of Syedna Mufadda Saifuddin as the 53rd al-Dai al-Mutlaq (leader) of the Dawoodi Bohra community and dismissed a 2014 lawsuit challenging his position.
A single bench of Justice Gautam Patel, while dismissing the suit initially filed by Khuzaima Qutbuddin soon after the demise of his brother and then Syedna Mohammed Burhanuddin in January 2014, said, "The court has decided only on the issue of evidence and not faith. On the issue of ". Age 102 years.
After this, Burhanuddin's second son Mufaddal Saifuddin took over the post of Syedna.
In 2016, after Qutbuddin passed away, his son Tahir Fakhruddin took over the case, claiming that his father had granted him the powers.
The lawsuit sought to prevent the court from discharging Saifuddin from discharging his duties as Syedna.Qutbuddin claimed in his lawsuit that his brother Burhanuddin had appointed him as "Mazoon" (second in command) and that on 10 December, before the declaration of "Mazoon" in a secret "Naas" (honor of succession), He personally anointed him as his successor. , 1965.
However, Justice Patel held that the plaintiff was unable to prove that he was provided with Wali "Naas".
Dismissing the case, Justice Patel said, "I do not want any turmoil. The judgment has been kept as neutral as possible. I have decided only on the issue of evidence, not on the issue of faith.,
Fakhruddin claimed that his father had appointed him to this position before he died.
Dawoodi Bohra is a religious sect of Shia Muslims.
Traditionally a community of businessmen and entrepreneurs, it has over 5 lakh members in India and over 10 lakh members worldwide.
The top religious leader of the community is known as Da'i-al-Mutlaq (Minister of State Senior).
According to faith and Dawoodi Bohra doctrine, the successor is appointed by "divine inspiration".A "nas" may be provided to any eligible member of the community and need not necessarily be a family member of the current da'i, although the latter is often the practice.
The lawsuit sought to prevent the High Court from acting as Dai-al-Mutlaq.
It also sought entry into the Syedna's home at Saifi Manzil in Mumbai and alleged that Syedna Mufaddal Saifuddin had assumed the leadership role in a "fraudulent manner".
Qutbuddin claimed that after Burhanuddin became the new Dai-al-Mutlaq after taking over from his father Syedna Taher Saifuddin in 1965, he publicly appointed his half-brother as "Mazoon" (second in command) and privately formally appointed him as his successor. A secret "nas".Qutbuddin claimed that Burhanuddin asked him to keep the private "nas" a secret. H said he abided by the oath of secrecy given by the 52nd Da until his death.
Syedna Saifuddin opposed the trial, claiming that the 1965 "Naas" lacked witnesses and could not be accepted.
He claimed that according to the established and prevalent principles of the Dawood Bohra faith, "Naas" can be changed and abrogated.
According to the Syedna's claims, on June 4, 2011, the 52nd Dai provided "Naas" to Syedna Saifuddin in the presence of witnesses at a London hospital, where he was admitted after suffering a stroke.Supporters of Syedna Mufaddal Saifuddin welcomed the decision and said that I reaffirm the position of the Syedna and the age-old beliefs, customs, practices and principles of the Dawoodi Bohra community.
A single bench of Justice Gautam Patel, while dismissing the suit initially filed by Khuzaima Qutbuddin soon after the demise of his brother and then Syedna Mohammed Burhanuddin in January 2014, said, "The court has decided only on the issue of evidence and not faith. On the issue of ". Age 102 years.
After this, Burhanuddin's second son Mufaddal Saifuddin took over the post of Syedna.
In 2016, after Qutbuddin passed away, his son Tahir Fakhruddin took over the case, claiming that his father had granted him the powers.
The lawsuit sought to prevent the court from discharging Saifuddin from discharging his duties as Syedna.Qutbuddin claimed in his lawsuit that his brother Burhanuddin had appointed him as "Mazoon" (second in command) and that on 10 December, before the declaration of "Mazoon" in a secret "Naas" (honor of succession), He personally anointed him as his successor. , 1965.
However, Justice Patel held that the plaintiff was unable to prove that he was provided with Wali "Naas".
Dismissing the case, Justice Patel said, "I do not want any turmoil. The judgment has been kept as neutral as possible. I have decided only on the issue of evidence, not on the issue of faith.,
Fakhruddin claimed that his father had appointed him to this position before he died.
Dawoodi Bohra is a religious sect of Shia Muslims.
Traditionally a community of businessmen and entrepreneurs, it has over 5 lakh members in India and over 10 lakh members worldwide.
The top religious leader of the community is known as Da'i-al-Mutlaq (Minister of State Senior).
According to faith and Dawoodi Bohra doctrine, the successor is appointed by "divine inspiration".A "nas" may be provided to any eligible member of the community and need not necessarily be a family member of the current da'i, although the latter is often the practice.
The lawsuit sought to prevent the High Court from acting as Dai-al-Mutlaq.
It also sought entry into the Syedna's home at Saifi Manzil in Mumbai and alleged that Syedna Mufaddal Saifuddin had assumed the leadership role in a "fraudulent manner".
Qutbuddin claimed that after Burhanuddin became the new Dai-al-Mutlaq after taking over from his father Syedna Taher Saifuddin in 1965, he publicly appointed his half-brother as "Mazoon" (second in command) and privately formally appointed him as his successor. A secret "nas".Qutbuddin claimed that Burhanuddin asked him to keep the private "nas" a secret. H said he abided by the oath of secrecy given by the 52nd Da until his death.
Syedna Saifuddin opposed the trial, claiming that the 1965 "Naas" lacked witnesses and could not be accepted.
He claimed that according to the established and prevalent principles of the Dawood Bohra faith, "Naas" can be changed and abrogated.
According to the Syedna's claims, on June 4, 2011, the 52nd Dai provided "Naas" to Syedna Saifuddin in the presence of witnesses at a London hospital, where he was admitted after suffering a stroke.Supporters of Syedna Mufaddal Saifuddin welcomed the decision and said that I reaffirm the position of the Syedna and the age-old beliefs, customs, practices and principles of the Dawoodi Bohra community.
