Mumbai: In a verdict involving issues of succession of spiritual head of the Dawoodi Bohra community, the Bombay High Court has upheld Syedna Mufaddal Saifuddin's position as “Dai-al-Mutlaq” - the religious leader of the community - dismissing the claims of his nephew Taher Fakhruddin.
The Dawoodi Bohras are a community of Muslims living in over 40 countries across the world. They are generally well educated, business people and qualified professionals in various fields.
With a distinctive culture, they strive to embrace modernity while staying true to their traditions and continue to be active, peaceful and law-abiding citizens dedicated to the betterment of all humanity.
“….I have kept the judgment as neutral as possible. I have only decided on the issue of proof and not faith…,” Justice Gautam Patel of the Bombay High Court noted in his verdict that culminated a legal battle of 10 years.
In 2014, the 52nd Syedna Mohammed Burhanuddin passed away, and his son Mufaddal Saifuddin succeeded as the 53rd Syedna.
However, Syedna Mohammed Burhanuddin’s half-brother Khuzaima Qutbuddin challenged Saifuddin's succession, claiming that Syedna Burhanuddin had secretly conferred 'nass,' the official declaration of succession, upon him in 1965.
Khuzaima Qutbuddin had claimed that Saifuddin took over as the Syedna in a fraudulent manner. Qutbuddin claimed that after Mohammed Burhanuddin became the Dai in 1965, he had publicly appointed Khuzaima Qutbuddin as the mazoon (second in command) and privately anointed him as his successor through a secret nass, prior to the mazoon announcement on December 10, 1965.
After Khuzaima Qutbuddin passed away in 2016, his son Taher Fakhruddin continued the legal battle and sought recognition as the 54th Dai.
“The judgement, which after having carefully considered the evidence led and the elaborate arguments advanced by both the parties, has conclusively held that the 52 nd al-Dai al-Mutlaq His Holiness Syedna Mohammed Burhanuddin had appointed his son, His Holiness Syedna Mufaddal Saifuddin as his successor and the 53 rd al-Dai al-Mutlaq of the Dawoodi Bohra community. The rather unfortunate challenge to Syedna Saifuddin’s appointment and the various falsehoods that it was based on has been conclusively dealt with in the said judgement and the claims of Khuzema Qutbuddin, the Original Plaintiff and his son Taher Qutbuddin, the current Plaintiff, have been comprehensively rejected,” the Dawoodi Bohra community said in a press statement.
“The judgement has firmly dealt with and dismissed the misinterpretation and misleading portrayal by the Plaintiffs of the facts and the religious doctrines of the Dawoodi Bohra faith. We have always believed and have had full faith and conviction in the Indian judiciary, which has time and again affirmed the position of the Syedna and the Dawoodi Bohra community’s age-old beliefs, customs, practices and doctrines,” it added.