Attention Legal experts

The one and only free public forum for Bohras. The focus of this forum is the reform movement, the Dawoodi Bohra faith and, of course, the corrupt priesthood. But the discussion is in no way restricted to the Bohras alone.
S. Insaf
Posts: 1494
Joined: Thu Sep 11, 2003 4:01 am

Attention Legal experts

#1

Unread post by S. Insaf » Thu Dec 17, 2015 12:15 pm

Attention Legal experts
The Bohra Waqf Properties & Sole-trusteeship

The Muslim Waqf Act and Charity laws were enacted to safeguard Waqf and charitable properties, for consolidated administration and better honest management of the properties of the community to help and beefit the needy and poor of the community.

1. Is Dawoodi Bohra Community a sect of Islam? or not? If not, how & why -Under which legal provisions?

2. Do Muslim Waqf or Charity apply to Dawoodi Bohra Community or not?

3. Is there any concept of Sole-trusteeship in Waqf or Charity laws? What is the doctrine of appointing a "Sole-Trustee" in Islamic Jurisprudence / Indian Jurisprudence?

4) Who had appointed late Sayedna Mohammad Burhanuddin as Sole-trustee of the properties in India and world-over?

5. Late Sayedna Mohammad Burhanuddin's second-in-command (Mazun) has filed a suit No. 291 in Hon. Bombay High Court in 2014, contesting the post of 53rd. Sayedna, the Dai-ul-Mutlaq. After the death of Sayedna Mohammad Burhanuddin, the sole-trustee, there are two claimants of the seat of Sayedna. Both these claimants, Mufaddal Bhiasaheb Saifuddin and Khuzema Bhaisaheb Qutbuddin has given and undertaking to the Bombay High Court that till the Court gives its final judgment non of the two claimants will claim the title of Dai-ul-Mutlaq. In such a situation, who is the sole-trustee of Dawoodi Bohra community properties?

6. Should a PIL (public Interest Petition) not be filed for interim arrangement in the absence of a sole-trustee?

Plese advise.
Saifuddin Insaf
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AgnosticIndian
Posts: 446
Joined: Sat Feb 08, 2014 6:10 am

Re: Attention Legal experts

#2

Unread post by AgnosticIndian » Sun Dec 20, 2015 10:54 am

If both have given undertaking of not using the title Dai al mutlaq then both are flouting this.

Al-Noor
Posts: 1075
Joined: Thu Jun 04, 2015 9:55 am

Re: Attention Legal experts

#3

Unread post by Al-Noor » Mon Feb 22, 2016 1:44 pm

why this thread is dead? no lawyers to take this up?

Ozdundee
Posts: 879
Joined: Wed May 29, 2013 6:57 am

Re: Attention Legal experts

#4

Unread post by Ozdundee » Sun Feb 28, 2016 2:11 am

Waqf principle does not apply across jurisdictions.

Western jamaats are registered as private corporation orcorganisations with trustees and constitutions similar to clubs.

There is little external pressure that can be placed or civil court action unless as a class action by majority of members. Which is very unlikely.

The only way to force change is if crime is committed eg fraud, abuse , discrimination, threats, public order , terrorism, human rights or failure to provide services if registered as to provide services and they take payment.