Bohras: No change at the top

The Bombay High Court brought a decade-long legal dispute to a close on Tuesday by dismissing Taher Fakhruddin's challenge to the succession of Syedna Mufaddal Saifuddin as the 53rd spiritual leader, or ‘Da'i-al-Mutlaq', of the Dawoodi Bohra community. Welcoming the court's verdict, members of the Dawoodi Bohra community expressed that they had anticipated this outcome.

For nearly ten years, the community has been embroiled in a contentious battle over the succession to the title of Da'i Syedna, its supreme spiritual leader. The Dawoodi Bohras, a sect within the Ismaili branch of Shia Islam, number around five lakh in India and over ten lakh worldwide. Fakhruddin, second Syedna of the Qutbi Bohras [followers of Khuzaima Qutbuddin] and claimant to the position of the 53rd Da'i-al-Mutlaq after his father Khuzaima Qutbuddin's death, has been the plaintiff in the case.

The controversy

In 2014, following the passing of the 52nd Syedna, Mohammed Burhanuddin, in Mumbai, his son, Mufaddal Saifuddin, and his half-brother, Khuzaima Qutbuddin, both asserted their claims as heirs. Saifuddin was announced as the successor in 2011, three days after his father suffered a debilitating stroke, and he assumed control of the Dawoodi Bohra administration and infrastructure as the 53rd Syedna.

Dawoodi Bohra community members gather at the Raudat Tahera Mausoleum in Bhendi Bazaar to pay their respects to the 51st and 52nd Da'i-al-Mutlaqs on Tuesday. Pics/Sayyed Sameer Abedi

Qutbuddin, however, claimed to have been designated as the successor in secrecy in 1965. The legal battle began when Qutbuddin filed a suit in March 2014, seeking recognition as the properly appointed 53rd D'ai Al-Mutlaq. Qutbuddin claimed to have received the official declaration of succession or ‘nass' from the 52nd Da'i in December 1965. Despite this, Saifuddin announced himself as the 53rd Da'i after his father's passing on January 17, 2014, assuming control over the community and its assets.

Qutbuddin also sought a declaration that, as the 53rd Da'i Al-Mutlaq, he was entitled to administer, control and manage all the assets of the community, including the Saifee Mahal on AG Bell Road at Malabar Hill, which serves as the official office-cum-residence of the Da'i al-Mutlaq. Additionally, he sought to prevent Saifuddin from obstructing his access to Saifee Masjid, Raudat Tahera, and all other community properties, such as mosques, Dar ul-Imarats, community halls, mausoleums, schools, colleges, hospitals, cemeteries, and offices. Following Qutbuddin's death in 2016 in the US, Fakhruddin continued the legal pursuit, seeking recognition as the leader of the Dawoodi Bohras by the high court.

Community's statement

Reacting to the judgment, passed by Justice G S Patel, on Tuesday, the community issued a statement expressing gratification that read, "The judgment, after carefully considering the evidence presented and the elaborate arguments advanced by both parties, has conclusively held that the 52nd al-D'ai al-Mutlaq, His Holiness Syedna Mohammed Burhanuddin, had appointed his son, His Holiness Syedna Mufaddal Saifuddin, as his successor and the 53rd al-Da'i al-Mutlaq of the Dawoodi Bohra community."

It further read, "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 Fakhruddin, the current plaintiff, have been comprehensively rejected. The judgment 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."

The statement thanked Justice Patel for "devoting as much time as he did over the past ten years in patiently hearing and deciding this complex matter" as well as the community's counsels, solicitors and advocates. "Lastly, we would also like to thank all the witnesses who gave evidence in the matter on behalf of His Holiness Syedna Mufaddal Saifuddin, whose evidence formed the basis of getting the favourable judgement," the statement read.

‘Landmark verdict'

Describing the verdict as a landmark, Yusuf Patanwala, a businessman and member of the community, expressed gratitude to the court, stating, "We are thankful to the court for granting us a patient hearing after a decade-long legal process. For many, it seemed like an endless legal battle. However, I appreciate that every aspect was thoroughly discussed and debated in public, particularly regarding the rightful successor. There is a sense of joy within the community."

Another member of the community, Huzefa Motiwalla, a business coach, remarked, "We never doubted that the court's judgment would be in our favour. I extend my gratitude to the court, the advocates, and the legal team who tirelessly worked during the legal proceedings. Should there be further challenges, I believe they lack merit and substance in the claims. We wholeheartedly acknowledged Syedna Mufaddal Saifuddin as his rightful successor. The truth is now evident to all through the court's proceedings." Meanwhile, a spokesperson on behalf of Fakhruddin said, "We will review the court's order and decide on the next course of action."

5,00,000
No of Dawoodi Bohras in India