1 year ago
15
Syedna Mufaddal Saifuddin will stay the leader of the Dawoodi Bohra community after the Bombay High Court today rejected his nephew Syedna Taher Fakhruddin's petition against the appointment.
The court has "only decided on the issue of proof and not faith," a single bench of Justice Gautam Patel said, dismissing the 2014 suit.
In the petition, Syedna Taher Fakhruddin had said that his uncle should not be allowed to continue as the community leader as he took over the position in a "fraudulent manner."
Mufaddal Saifuddin took over as the 53rd Syedna of the community after his father Syedna Mohammed Burhanuddin died in 2014.
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.
He also claimed that his half-brother had asked him to keep the 'nass' a secret.
When Qutbuddin died in 2016, his son Syedna Taher Fakhruddin took over his father's case, urging the high court to declare him the community leader.
Syedna Mufaddal Saifuddin opposed the suit and said that there were no witnesses to the alleged "secret" succession and it could not be accepted.
"I don't want any upheavals. I have kept the judgment as neutral as possible. I have only decided on the issue of proof and not faith," Justice Patel said while dismissing the suit.
The Dawoodi Bohras are a religious denomination among Shia Muslims.
Traditionally a community of traders and entrepreneurs, the Dawoodi Bohras have more than 5 lakh members in India and over 10 lakh across the world.
The community's top religious leader is known as the Dai-al-Mutlaq. According to their faith, a successor is appointed through "divine inspiration".
A "nass" can be conferred upon any deserving member of the community and not necessarily a family member of the current Dai.
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