No Change in Leadership of Dawoodi Bohra Community, High Court Dismisses Petition

The court has dismissed the 2014 suit, stating that it has only decided on the issue of proof and not faith, according to a single bench of Justice Gautam Patel. In the petition, Syedna Taher Fakhruddin had challenged his uncle’s right to continue as the community leader, alleging that he had taken over the position in a “fraudulent manner.”

After the death of Syedna Mohammed Burhanuddin in 2014, Mufaddal Saifuddin assumed the position of the 53rd Syedna of the community. However, Burhanuddin’s half-brother, Khuzaima Qutbuddin, contested Saifuddin’s succession.

He claimed that Burhanuddin had secretly designated him as the successor through the official declaration of succession (‘nass’) in 1965 and asked him to keep it a secret. When Qutbuddin passed away in 2016, his son, Syedna Taher Fakhruddin, continued the legal battle, seeking the high court’s declaration as the community leader.

In response, Syedna Mufaddal Saifuddin argued that there were no witnesses to the alleged “secret” succession and thus, it could not be accepted. Justice Patel, in dismissing the suit, emphasized his decision on the issue of proof and not faith, aiming to maintain neutrality.

Anand Desai, the senior advocate representing Fakhruddin, expressed the intention to review the detailed order before deciding on further legal actions and a possible appeal. The Dawoodi Bohras, a religious denomination among Shia Muslims, traditionally known for their involvement in trade and entrepreneurship, have a sizable population of over 5 lakh members in India and more than 10 lakh worldwide.

The community’s top religious leader, the Dai-al-Mutlaq, is responsible for appointing a successor through “divine inspiration.” According to their faith, the “nass” can be conferred upon any deserving member of the community, not necessarily a family member of the current Dai.