Mumbai: The Bombay High Court’s judgment on the Dawoodi Bohra succession suit has settled a dispute that cleaved the community a decade ago. The dispute alienated a section of Bohras who did not accept the succession of Syedna Mufaddal Saifuddin after the passing away in January 2014 of his father Syedna Mohammed Burhanuddin who had led them for 49 years as their 52nd Da’i al-Mutlaq, the official title of their spiritual leader.
The dispute divided the community and there are reports of families who were left out of weddings, festivals, funerals, and other occasions because of conflicting views on who should have succeeded Syedna Burhanuddin. There are unconfirmed reports from community members about couples whose marriages broke up because their families disagreed on who should be the rightful heir to the spiritual seat.
After Tuesday’s judgment, Dawoodi Bohras are hoping for a reconciliation. “Our leader has always received everyone with open arms. I hope that after reading the judgment, those who questioned the succession will understand that everything was based on evidence,” said Qutubkhan Dohadwala, a businessman from Byculla.
Fatema Mandasaurwala, a lawyer, said that she hoped that members of the community who disputed the succession would come back. “I would just say that by reading this judgment they would know that what they believed was not true. They may change their mind after reading the judgment and they will come back,” said Mandasaurwala.
“The judgment given by Justice G S Patel is sensible, valid, and unique. He has not gone by blind faith or emotions. It was a difficult judgment, but the judge has given his verdict based on proof.”
For Bohras like Huzefa Kurlawala, a businessman and resident of Mazgaon, the judgment was an affirmation of his faith in Syedna Mufaddal Saifuddin. “We are happy to get this judgment. This is all about faith. Our faith is in Syedna Saifuddin. The judgment has not affected what we already believe. That has always been our faith,” said Kurlawala.
Others said the judgment was a vindication of their views. “I was there when the nass (the oath of succession) was administered by Syedna Burhanuddin and later publicly confirmed in Mumbai. I am happy for two reasons: vindication of my belief and the dispute settlement,” said Dohadwala.
In a press statement after the judgment, the office of Syedna Mufaddal Saifuddin said that the order passed by Justice G S Patel was ‘historic’. ‘The Dawoodi Bohra community is most gratified by the passing of this landmark judgment by His Lordship, Mr Justice G S Patel of the Honorable Bombay High Court in what is a historic and defining moment for the community.’
The statement further said that the judgment had, after having carefully considered the evidence and arguments by both the parties, conclusively held that the 52nd al-Dai al-Mutlaq Syedna Mohammed Burhanuddin had appointed his son, Syedna Mufaddal Saifuddin as his successor.
The statement added: ‘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 judgment and the claims of Khuzema Qutbuddin, the Original Plaintiff and his son Taher Qutbuddin, 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 office of Syedna Taher Fakhruddin, whose father Syedna Khuzaima Qutbuddin, the half-brother of the 52nd Da’i al-Mutlaq, who had challenged the succession, said that they had no statement on the court verdict.
