In a significant ruling, the Bombay High Court has maintained Syedna Mufaddal Saifuddin as the leader of the Dawoodi Bohra community, dismissing a petition filed by his nephew Syedna Taher Fakhruddin challenging Saifuddin’s appointment. The court’s decision was based on the issue of proof rather than faith, clarified Justice Gautam Patel in a single bench judgment.
The petition, filed in 2014 by Syedna Taher Fakhruddin, alleged that his uncle took over the leadership of the community in a “fraudulent manner” and should not be allowed to continue as the leader. This legal battle stemmed from a succession dispute within the community following the passing of Syedna Mohammed Burhanuddin in 2014. Saifuddin succeeded his father as the 53rd Syedna, a move contested by Khuzaima Qutbuddin, half-brother of Syedna Burhanuddin, who claimed to have been secretly designated as the successor in 1965.
The crux of the legal argument revolved around the alleged “secret” conferral of ‘nass,’ the official declaration of succession, upon Qutbuddin by Syedna Burhanuddin. However, Saifuddin’s camp argued that there were no witnesses to this supposed succession and therefore, it could not be substantiated.
With the court dismissing the suit, it maintained the status quo, affirming Saifuddin’s position as the community leader. Anand Desai, senior advocate representing Fakhruddin, noted that they would review the detailed order before deciding on further legal action.
The Dawoodi Bohra community, a sect among Shia Muslims known for their entrepreneurial spirit, has a substantial presence in India and globally. The Dai-al-Mutlaq, their top religious leader, traditionally appoints a successor through “divine inspiration,” not necessarily limited to family members. The community places immense significance on the process of ‘nass’ and the authority it confers upon the chosen leader.
Sources By Agencies