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Synopsis

A single-judge bench of the Bombay High Court comprising Justice GS Patel on Wednesday, after 8 years, reserved verdict in the suit filed by Syedna Taher Fakhruddin challenging the appointment of the current leader of the Dawoodi Bohra Community, Syedna Mufaddal Saifuddin.

The top leader of the Dawoodi Bohra Community, which is a religious denomination among Shia Muslims is called as Dai-al-Mutlaq.

The high court was hearing a suit filed by half-brother of 52nd Dai-al-Mutlaq, Syedna Mohammad Burhanuddin, challenging succession of Mufaddal Saifuddin after the death of Syedna.

The original plaintiff and half-brother of Syedna, Khuzaima Qutbuddin died in 2016 in the United States of America, after which the high court allowed his son Syedna Taher Fakhruddin to be substituted as the plaintiff in the original suit filed in 2016.

Fakhruddin, son of Qutbuddin, informed the court that his father had conferred ‘nass’ upon him and declared him as Dai-al-Mutlaq.

According to the community practice and Dawoodi Bohra doctrine, a successor is appointed through “divine inspiration”. A “nass’ (conferment of succession) can be conferred upon any deserving member of the community and not necessarily a family member of current Dai.

The original suit filed by Qutbuddin stated that Saifuddin should not be allowed to continue as a leader as he had taken the position of the leader in a fraudulent manner. He had submitted that after Burhanuddin became the 52nd Dai, he had in 1965 he had publicly appointed him as the second in command.

Justice GS Patel was hearing the suit since November 2022 after which he reserved the judgment on Wednesday.

Dawoodi Bohra community is a religious denomination among the Shia Muslims and are trader and entrepreneurs. In India, there are about 5 lakh people and about 10 lakh people around the world belonging to the Dawoodi Bohra community. 

 Case title: Taher Fakhruddin Saheb Alias Taherbhai K Qutbuddin vs Mufaddal Burhanuddin Saifuddin