Under Mohamedan law, Sajjadanashin becomes hereditary: Supreme Court

New Delhi: The Supreme Court has said that Sajjadanashin is a spiritual head and declaration to the post is a religious affair, adding that the role of Mutawalli only pertains to the administration and management of the Waqf.

A bench of Justices M M Sundresh and Vipul M Pancholi also noted Sajjadanashin of a Waqf can discharge the function of its Mutawalli, if appointed under Section 32(2)(g) of the Waqf Act of 1995, however, Mutawalli under Section 32(2)(g) cannot function as a Sajjadanashin but can only perform the duties as prescribed under the Act and the Rules. 

Emphasizing that the office of the Mutawalli and Sajjadanashin cannot be said to be one and the same, the court noted as per the outlines of “Mohamedan Law (iv edition)”, the special feature of the office of Sajjadanashin is that the original founder has the right to nominate his successor who in turn enjoys the same right.

"It is further clear that in majority cases the office of Sajjadanashin becomes hereditary," the Court said.

The apex court partly allowed an appeal filed by Syed Mohammed Adil Pasha Quadri alias Syed Budan Sha Quadri against the Karnataka High Court's April 16, 2024 judgment, which held that the civil court lacked inherent jurisdiction to adjudicate the dispute regarding the office of Sajjadanashin of a notified Waqf institution, as such power is statutorily and exclusively reserved for the Waqf Board under the provisions of the Waqf Act.

The controversy pertained to the entitlement to the spiritual and hereditary office of Sajjadanashin of the Hazarath Akhil Shah Quadri Dargah, popularly known as the “Big Makan”, situated at Channapatna, Ramanagara District.

In the case, the Court noted the issue was with regard to the appointment of Sajjadanashin of a suit Dargah and not with regard to the appointment of Mutawalli, hence, the civil court has jurisdiction to decide the issue involved here.

"The High Court has committed grave error in quashing and setting aside the decree passed by the trial court in favour of the petitioner and also the orders passed by the first appellate court by holding that the same are nullity as the civil court has no jurisdiction to entertain the dispute,'' the bench said in its judgment on April 2, 2026.

The Court remitted the matter back to the High Court to decide the matter within nine months since the dispute pending since 1988.

In a connected matter, the Court dismissed a plea against the Karnataka High Court's 2008 judgment, which affirmed the concurrent judgments and decrees, declaring Syed Mohammed Adil Pasha Khadri as the lawful Sajjadanashin of the Hazarath Mardane-e-Gaib Dargah, Shivasamudram, located in Chamarajanagar District, Karnataka. 

In the context of Muslim religious institutions, this court has recognised that offices such as that of a Sajjadanashin or Mutawalli may devolve in accordance with the established customs of the institution, including nomination by the predecessor rather than strict rules of inheritance, the bench stressed.