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The Bombay Excessive Court docket on Tuesday dismissed a 2014 swimsuit difficult the place and appointment of Syedna Mufaddal Saifuddin because the chief of the Dawoodi Bohra Group. The courtroom has “solely selected the difficulty of proof and never religion,” a single bench of Justice Gautam Patel mentioned and dismissed the swimsuit initially filed by Khuzaima Qutbuddin quickly after his brother and the then Syedna Mohammed Burhanuddin handed away in January 2014 on the age of 102.
Burhanuddin’s second son Mufaddal Saifuddin then took over because the Syedna. In 2016, after Qutbuddin handed away, his son Taher Fakhruddin took over the swimsuit claiming his father had conferred the powers on him.
The swimsuit sought the courtroom to restrain Saifuddin from discharging his duties as Syedna. Qutbuddin had in his swimsuit claimed his brother Burhanuddin appointed him because the mazoon (second in command) and privately anointed him as his successor by a secret “nass” (conferment of succession), previous to the mazoon announcement on December 10, 1965.
Fakhruddin claimed that his father earlier than dying conferred and appointed him for the place. Justice Patel, whereas dismissing the swimsuit, mentioned, “I do not need any upheavals. I’ve saved the judgment as impartial as doable. I’ve solely selected the difficulty of proof and never religion.”
Who’re Dawoodi Bohras
The Dawoodi Bohras are a spiritual denomination amongst Shia Muslims. Historically a neighborhood of merchants and entrepreneurs, it has greater than 5 lakh members in India and over 10 lakh internationally. The neighborhood’s prime non secular chief is named the Dai-al-Mutlaq (most senior). As per religion and Dawoodi Bohra doctrine, a successor is appointed by “divine inspiration”.
A “nass” will be conferred upon any deserving member of the neighborhood and never essentially a member of the family of present Dai, though the latter is usually the observe. The swimsuit had sought the HC to restrain Saifuddin from performing because the Dai-al-Mutlaq.
It additionally sought entry to Saifi Manzil, the home of the Syedna in Mumbai, alleging that Syedna Mufaddal Saifuddin had taken over the management position in a “fraudulent method”.
Qutbuddin claimed that after Burhanuddin turned the brand new Dai-al-Mutlaq, taking on from his father Syedna Taher Saifuddin in 1965, he publicly appointed his half-brother because the mazoon (second in command) and privately anointed him as his successor by a secret nass.
Burhanuddin requested him to maintain the personal nass a secret, Qutbuddin claimed. He maintained that he abided by the oath of secrecy given to him by the 52nd Dai until his dying. Syedna Saifuddin opposed the swimsuit, claiming the nass of 1965 lacked witnesses and couldn’t be accepted. He claimed that as per the established and prevalent doctrines of the Dawoodi Bohra religion, nass may very well be modified and revoked.
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