Dawoodi Bohra Forum

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
Cell: 981 988 4226
,

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

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.