Sticky: Dawoodi Bohra's Succession of Dai Case in Mumbai High Court

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fustrate_Bohra
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#451

Unread post by fustrate_Bohra » Tue Apr 29, 2014 10:01 am

Awaiting legal updates from fatemi dawat site :roll:

adna_mumin
Posts: 193
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#452

Unread post by adna_mumin » Tue Apr 29, 2014 11:02 am

Updates from http://fatemidawatlegal.com/?p=83

"The Suit was listed before the Hon’ble High Court for ad-interim reliefs. In view of the voluminous affidavit in reply filed by the Defendant to oppose ad-interim reliefs, the Plaintiff sought time to file an affidavit in rejoinder. The Hon’ble Court has given directions for parties to file affidavits, and ordered the matter will be listed for directions on June 16, 2014.

In the course of the hearing today the Plaintiff’s counsel drew attention of the Hon’ble Court to the position of the Defendant in relation to the Plaintiff’s access to his residence in Saify Mahal, being Flat 343, Al-Azhar, and his access to Saifee Masjid, Raudat Tahera and all other Dawoodi Bohra community properties (such as mosques, Dar ul-Imarats, Community halls etc,) and that the Plaintiff has not been prevented from entering these in his capacity as a member of the Dawoodi Bohra Community, or a resident of Al-Azhar building. The Defendant has also denied that any member of the Dawoodi Bohra Community who believes in the Plaintiff has been threatened with excommunication or dire consequences."

A pdf of today's order at http://fatemidawatlegal.com/wp-content/ ... -ORDER.pdf

fustrate_Bohra
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#453

Unread post by fustrate_Bohra » Tue Apr 29, 2014 11:28 am

adna_mumin wrote:Updates from http://fatemidawatlegal.com/?p=83

"The Suit was listed before the Hon’ble High Court for ad-interim reliefs. In view of the voluminous affidavit in reply filed by the Defendant to oppose ad-interim reliefs, the Plaintiff sought time to file an affidavit in rejoinder. The Hon’ble Court has given directions for parties to file affidavits, and ordered the matter will be listed for directions on June 16, 2014.

In the course of the hearing today the Plaintiff’s counsel drew attention of the Hon’ble Court to the position of the Defendant in relation to the Plaintiff’s access to his residence in Saify Mahal, being Flat 343, Al-Azhar, and his access to Saifee Masjid, Raudat Tahera and all other Dawoodi Bohra community properties (such as mosques, Dar ul-Imarats, Community halls etc,) and that the Plaintiff has not been prevented from entering these in his capacity as a member of the Dawoodi Bohra Community, or a resident of Al-Azhar building. The Defendant has also denied that any member of the Dawoodi Bohra Community who believes in the Plaintiff has been threatened with excommunication or dire consequences."


A pdf of today's order at http://fatemidawatlegal.com/wp-content/ ... -ORDER.pdf
Wht rubbish,can nebdy frm sms camp explain why ur so called syedna require to lie?

adna_mumin
Posts: 193
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#454

Unread post by adna_mumin » Tue Apr 29, 2014 2:03 pm

Just wonder what the next move will be. Most probably the point about threats was raised to later establish the malafide intent.

Next a quote from the order,
"It is agreed that the notice of motion itself will now be taken up for final disposal on the next date": emphasis is mine; Does this mean the judge intends to pass judgement on the relief sought in next hearing?

I think it is in realm of realism to expect the case to be judged in a year's time at least from the HC.
Just Rcvd..........................


Abdul gavi ye judge ne em kidu ke aa logo hamne RAUDAT TAHERA . SAIFI MASJID. SAIFI MAHAL nai aava deta . To judge ye ehne kahyu ke ye maru look out nathi. Ye tamara community ni waat che . Tame je case kidu che ehna vaste mane teen (3) proof joyye che: 1-tamara dawat ma em hoi ke MAZUN aj DAE bane ane em warso si thatu aayu hoi ? 2-burhanuddin mola r.a likhi ne gaya hou tamara naam c ke mara pachi tame dae cho? 3-burhanuddin mola r.a ye tamara par ZAHERAN nass kidu hoi logo na darmiyan? Aa 3 proof 15th June 2014 lag HARAM KHORO NE lava na che sabit karwa ne to CASE file thase waha lag case kai bhi nathi .koi filing bhi nathi ane jaha lag mane khabr che mufaddal saifuddin aqa taraf c faqt 3 page submit thaya hata. Ane biju em ke MUMBAI na kitnak mumeneen mukleseen aaje court na bahar jama thai gaya ane arz kidi ke pura area ane court ne mumeneen c bhari dayye to mola ma arz thai to mola ye farmayu ke ek pan mumen waha na jai . Khuda fate yabi apse.
Fantasy world - did any of this remotely happen! LOL.

Allah ta knows best.

way2go
Posts: 181
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#455

Unread post by way2go » Tue Apr 29, 2014 3:48 pm

maddy wrote:Just Rcvd..........................


Abdul gavi ye judge ne em kidu ke aa logo hamne RAUDAT TAHERA . SAIFI MASJID. SAIFI MAHAL nai aava deta . To judge ye ehne kahyu ke ye maru look out nathi. Ye tamara community ni waat che . Tame je case kidu che ehna vaste mane teen (3) proof joyye che: 1-tamara dawat ma em hoi ke MAZUN aj DAE bane ane em warso si thatu aayu hoi ? 2-burhanuddin mola r.a likhi ne gaya hou tamara naam c ke mara pachi tame dae cho? 3-burhanuddin mola r.a ye tamara par ZAHERAN nass kidu hoi logo na darmiyan? Aa 3 proof 15th June 2014 lag HARAM KHORO NE lava na che sabit karwa ne to CASE file thase waha lag case kai bhi nathi .koi filing bhi nathi ane jaha lag mane khabr che mufaddal saifuddin aqa taraf c faqt 3 page submit thaya hata. Ane biju em ke MUMBAI na kitnak mumeneen mukleseen aaje court na bahar jama thai gaya ane arz kidi ke pura area ane court ne mumeneen c bhari dayye to mola ma arz thai to mola ye farmayu ke ek pan mumen waha na jai . Khuda fate yabi apse.

The Honorable judge should be told.......
1. In our dawat it surely does not say that a Mazun only becomes a Dai but it also does not say that a son only becomes the next Dai. Any worthy person can be appointed as a Dai. At the same time it is also said that if there is a bone of contention regarding the succession then the next in line to the Dai will consequently be the one who will access the position of the Dai al Mutlaq. Here then would be undoubtedly the one who has held the next in line position which is that of Mazun and thus he would be the automatic inheritor of the position of Dai as he is Mazun al Mutlaq. No one can usurp that position and title from him nor turn a blind eye to it.

2. With regards to the fact that has Burhanuddin Moula left written proof as to who is the rightful Dai the Honourabl judge should ask them to also produce their written proof as to who is the rightful Dai. If they produce the alleged Nass letter of 1388H then this should be checked thoroughly by a reputed forensic lab to ascertain its authenticity. In today's computer age anything can be done... Papers can be made to look old torn and frayed, signatures added where they were not existing, hand writing experts forging the entire contents of the 'nass' page etc etc.

3. Regarding Zaheran nass being done in the open to the Bohra community at large or in front of witnesses SKQ may not have one to show but then for the MS camp the only proof of their claim in this regard would be the purported London Nass done in the hospital and subsequently in front of the large gathering at Raudat Tahera. Honourable judge should be made aware that there is enough evidence and proof that their claims are false and filled with lies and deceit to hoodwink the innocent Bohras and that the judge surely would have read the petition filed that addresses the false nass declaration done at the London Hospital which proves the extent of their concocted lies. Also the well dramatized and orchestrated Zahareen nass done at Raudat Tahera was done just to fool people.

The Honourable judge should also be notified of a 'khangi nass ' that can done. MS's dishonesty and fraud will be out in the open. SKQ subsequently will win hands down.

ghulam muhammed
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#456

Unread post by ghulam muhammed » Tue Apr 29, 2014 3:57 pm

adna_mumin wrote:The Defendant has also denied that any member of the Dawoodi Bohra Community who believes in the Plaintiff has been threatened with excommunication or dire consequences
The first BIG lie has come out in the open !! There are even newspaper reports to prove that bohras having allegiance with SKQ were humiliated, threatened and excommunicated not to forget the gang of Burhani guards present 24x7 near SKQ's bungalow in Thane who followed bohras that came out of the bungalow and threatened them also.

adna_mumin
Posts: 193
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#457

Unread post by adna_mumin » Tue Apr 29, 2014 4:06 pm

Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna’s uncle

http://timesofindia.indiatimes.com/City ... 390197.cms

Habeel
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#458

Unread post by Habeel » Tue Apr 29, 2014 4:50 pm

adna_mumin wrote:Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna’s uncle
This is challenging for SKQ saheb. One can trust him based on the trust and faith but court and law looks with different eyes.

ghulam muhammed
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Joined: Tue Oct 07, 2008 5:34 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#459

Unread post by ghulam muhammed » Tue Apr 29, 2014 5:36 pm

Actually every Bohra is waiting for MS response with regard to the Nass in London Hospital which was allegedly performed inspite of SMB not being in a position to do so as he was medically/physically not fit. This could be a trump card for SKQ if he has managed to procure hospital records which could falsify MS claims and open a pandoras box !! It seems that SKQ has all the relevant records with him as otherwise he would not have dared to challenge MS openly in the court of law. As days progress, there will be lots of turns and twists which would be very interesting. It would be futile to make any personal judgements based on a single hearing and moreover when the actual arguments too have not begun. Court cases are a very lengthy procedure and the final verdict could still be way ahead.

ghulam muhammed
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#460

Unread post by ghulam muhammed » Tue Apr 29, 2014 5:53 pm

adna_mumin wrote:"It is agreed that the notice of motion itself will now be taken up for final disposal on the next date": emphasis is mine; Does this mean the judge intends to pass judgement on the relief sought in next hearing?
I think that "Final Disposal" is with regard to the ad interim stay sought by SKQ and does not mean a final judgement ! Legal luminaries if any, on this forum can correct me if Iam wrong.

ghulam muhammed
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#461

Unread post by ghulam muhammed » Tue Apr 29, 2014 6:02 pm

maddy wrote:mufaddal saifuddin aqa taraf c faqt 3 page submit thaya hata.
The heights at which abdes are fooled by Muffy's PR gang !! Now look what Muffy's advocate says :-

At this stage, Mr. Chagla, learned senior counsel for the defendant states that the affidavit in reply now filed, at a mere 494 pages, is a “limited” affidavit for the purposes of this ad-interim application. The defendant may wanted to file a further, and even more substantial, affidavit in reply.

http://fatemidawatlegal.com/wp-content/ ... -ORDER.pdf

Akhtiar Wahid
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#462

Unread post by Akhtiar Wahid » Tue Apr 29, 2014 6:12 pm

adna_mumin wrote:Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna’s uncle

http://timesofindia.indiatimes.com/City ... 390197.cms
PAID JUDGE AND PAID MEDIA, now muffadal is back lashing SKQ sahib by paying the media.
This whole case is like a chess game, it will be all about check and check-mate.
There is a metaphor in Hindi " Kutte billi ka khel".

fustrate_Bohra
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#463

Unread post by fustrate_Bohra » Wed Apr 30, 2014 12:45 am

The focus should be only on authenticating the documents which should be submitted by sms camp(if not submitted). If the documents prove to be false everything will fall apart and also not to forget the the medical reports from london hospotal which is already in skq favor

I dont think submitting religious text will help much.

Maqbool
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#464

Unread post by Maqbool » Wed Apr 30, 2014 12:58 am

Exact details are available here from the horse's mouth:

http://bombayhighcourt.nic.in/generaten ... t%C2%A0can

way2go
Posts: 181
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#465

Unread post by way2go » Wed Apr 30, 2014 2:59 am


THESE ARE THE FACTS THAT HAVE HAPPENED IN THE BOMBAY HIGH COURT TODAY 29TH APRIL, 2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 746 OF 2014INSUIT (L) NO. 291 OF 2014
Khuzemabhai Syedna Taher Saifuddin Sahab …Plaintiff
Versus
Mufaddal Burhanuddin Saifuddin …Defendant
MUMINEEN ARE REQUESTED TO VISIT THE WEBSITE OF THE HONOURABLE BOMBAY HIGH COURT AND VIEW THE ORDER OF THE HON. BOMBAY HIGH COURT PASSED BY JUSTICE G. S. PATEL TODAY THE 29TH OF APRIL, 2014
THE INTERNET LINK TO SEE THE COURT ORDER IS AS BELOW:
http://bombayhighcourt.nic.in/generaten ... ZmxhZz1OIt can be seen thatAgainst 4 advocates for KQ there were 11 Advocates for MS.
MS has through a power of attorney holder representative filed a 494 pages limited affidavit dated 23rd April, 2014 with several annexures.
The Court wants MS to confirm this affidavit in person and also issue a fresh power of attorney to his representative and also immediately serve a copy of the same to the advocates of KQ well in advance.
The advocate of KQ will file a detailed reply to the affidavit of MS before 13th June, 2014 or is also permitted by the Hon. Court to apply for extension of time.
The advocates of MS has told the Hon. Court that the present 494 pages affidavit is a limited affidavit, hence the Court has permitted MS to file and serve another detailed affidavit by 13th May, 2014.
The affidavit filed by MS had mistakes in it. The Hon. Court permitted MS advocates to correct the mistakes on or before 5th May, 2014.
WHATEVER HAS HAPPENED IN THE HONOURABLE COURT HAS BEEN STATED IN THE ORDER OF THE HONOURABLE COURT AND THAT THE SAID ORDER IS ALREADY ON THE WEBSITE OF THE HON. HIGH COURT.
MUMINEEN ARE REQUESTED TO NOT LISTEN TO RUMOURS ABOUT WHAT HAPPENED IN THE HONOURABLE BOMBAY HIGH COURT AND INSTEAD VISIT THE BOMBAY HIGH COURT WEBSITE AND READ THE ORDER.

shehzaada
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#466

Unread post by shehzaada » Wed Apr 30, 2014 3:17 am

link not working: file not found

asad
Posts: 777
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Re: Legal Fight between Mufaddal & Khuzaima

#467

Unread post by asad » Wed Apr 30, 2014 3:54 am

Mumbai: The Bombay high court on Tuesday asked the uncle of the 53rd Syedna of the Dawoodi Bohras to spell out what he did to establish his right as the spiritual head since 2011 when his nephew was publicly pronounced the successor by the late Syedna Mohammed Burhanuddin.

Justice Gautam Patel was hearing a suit filed by Khuzaima Qutbuddin to declare himself as the 53rd Dai-al-Mutlaq or spiritual head saying, he was privately anointed by his half-brother, the late Syedna, in December 1965 and asked to reveal it only at an appropriate time. Among interim reliefs, he sought restraint on Syedna Mufaddal Saifuddin from acting as the spiritual head.

But Justice Patel posed preliminary questions for Qutbuddin to reply. He asked about the requirements for pronouncing a Syedna's successor. "Witnesses, publicity and acceptance by the community at large; are these the essential requirements?" he said. Also, since the 2011 public pronouncement of Saifuddin as the successor-designate, Justice Patel asked, "what has the plaintiff (Qutbuddin) done to establish his right"? He also questioned if the HC had the jurisdiction to hear a suit for the possession of moveable property attached to the office.

The judge's queries followed the reply that was filed on behalf of Saifuddin by Qaidjoher Ezzudin, his constituted attorney and the eldest son of the late Syedna, opposing interim relief for Qutbuddin.

Ezzuddin stated that there was "overwhelming evidence" that Saifuddin was chosen by the late Dai to be his successor and between 2011—when he was appointed the successor —and January 2014—when the 52nd Dai passed away—Saifuddin "operated within the community as the successor-designate". Also, after his father's demise, Saifuddin was given misaq (oath of allegiance) by 500 Jamaats all over the world and high dignitaries.

The reply said Qutbuddin "is a self-proclaimed pretender", seeking recognition based on an alleged private conversation without witnesses and without evidence. It also denied alienation of properties saying that they were vested in trusts governed by the Bombay Public Trusts Act.

Qutbuddin's senior advocate Ravi Kadam sought time to file a rejoinder to the Syedna's reply, saying it included issues of doctrine. "We'll produce religious texts to establish our case," he said. Kadam said Saifuddin's pleading from 2011-14 "shows the source is the hospital bed". "After the 52nd Dai's death, now the case is different. That pronouncement was made in 1969, 1994 and 2005 and only reconfirmation was done in 2011," he added.

Justice Patel declined Kadam's plea to pass an order for access to Qutbuddin to his office in Saifee Mahal and his apartment at Al Azhar. "They say they are not preventing you," said Justice Patel.
The next hearing is posted on June 16.


http://timesofindia.indiatimes.com/city ... 390197.cms

Maqbool
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#468

Unread post by Maqbool » Wed Apr 30, 2014 4:08 am

The direct link is not working.
Go to http://bombayhighcourt.nic.in
Then select services/case status/party wise.
In the query fill as show in attachment. click the case no. and you will get PDF file.
Case Status search.jpg

Bohra spring
Posts: 1377
Joined: Mon Sep 17, 2012 8:37 am

Re: Legal Fight between Mufaddal & Khuzaima

#469

Unread post by Bohra spring » Wed Apr 30, 2014 7:40 am

If the court asks the members of the community to take to the witness stand and state their preference of leadership, and even better ask for an independent referendum to selects the next Diai who would be the victor ? I am really worried that MS would get the majority of popular vote ? Is that what others think ?

If the court is pushed where the decision has to be fair in the interest of the community and it should be self determined , they would ask what do the community in general believe the leader is or want as an outcome

If SKQ does not get the majority support, the salvageable outcome is the time in court gave him free publicity and propagation of his mission and thereafter he continues his dawa in parallel and slowly attracts followers away from SMS towards his new growing community.

fustrate_Bohra
Posts: 678
Joined: Mon Nov 25, 2013 6:46 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#470

Unread post by fustrate_Bohra » Wed Apr 30, 2014 8:59 am

Maqbool wrote:The direct link is not working.
Go to http://bombayhighcourt.nic.in
Then select services/case status/party wise.
In the query fill as show in attachment. click the case no. and you will get PDF file.
Case Status search.jpg
Followed the suggested steps but not getting the details

S. Insaf
Posts: 1494
Joined: Thu Sep 11, 2003 4:01 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#471

Unread post by S. Insaf » Wed Apr 30, 2014 10:27 am

How is Syedna chosen? HC wants to know
Indian Express | Mumbai 30th April 2014

The Bombay High Court Tuesday sought to know the procedure involved in choosing the Dai-al-Mutlaq or the spiritual head of the over a million-strong Dawoodi Bohra community.
Justice Gautam Patel, who posed the question, was hearing a suit filed by late Syedna Mohammed Burhanuddin’s half-brother Khuzaima Qutbuddin (73), who is contesting the appointment of the Syedna’s son as his successor.
“How do you establish only by a doctrine or custom that the Mazoon (the second in command in the community) becomes the successor?
What are the requirements?…witnesses…?” asked Justice Patel. The court also pointed out “acceptance by the community” as one of the factors in anointing the spiritual head.
Qutbuddin, who also sought entry to Saifi Manzil, the house of Syedna, has filed a suit asking the court to restrain late Syedna’s son Mufaddal Saifuddin (70) from acting as the Dai-al-Mutlaq. Qutbuddin has also claimed that Burhanuddin became the new Syedna; he had publicly appointed him as his Mazoon and privately anointed him as his successor.
The court asked him what he had done to establish the reign following the announcement of Saifuddin as the 53rd Dai in 2011. In reply to the suit, Syedna Mufaddal Saifuddin filed a detailed affidavit on April 23. After Qutbuddin’s lawyer Ravi Kadam told the court that the affidavit in reply required a detailed rejoinder, Justice Patel posted the matter for final hearing and disposal on June 16.
In his suit, the half-brother has said he is the successor as he was the Mazoon. The late Syedna too was once the Mazoon and became the head of the community after his predecessor’s death, he has stated.
While for majority of the community members, there is no doubt over the succession of Saifuddin’s succession as the next Syedna, the followers of Qutbuddin consider him the rightful successor. They said he has been the late Syedna’s closest aide over the years. A statement released by the faction that officially calls itself the “Qutbi Bohras stated the late Syedna had instructed the Mazoon not to reveal the nass (nomination) at the time and so he continued to keep it under wraps at the time of the late Syedna’s illness two years ago, in hope that he would recover.
Qutbuddin had claimed the late Syedna could not have pronounced his son his heir in 2011, as he had suffered a debilitating stroke and was unfit to speak.
The son and half-brother of the late Syedna have been locked in a battle of succession after the leader passed away on January 17 this year at the age of 102.
mumbai.newsline@expressindia.com

Al Zulfiqar
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#472

Unread post by Al Zulfiqar » Wed Apr 30, 2014 2:13 pm

"The court also pointed out “acceptance by the community” as one of the factors in anointing the spiritual head."

this is another nail in the coffin of the concept of the hidden imam. if its in the community's power to 'select' or 'accept' a claimant to the office of dai, then where does that leave the poor, hapless imam? this makes him totally redundant, as if he wasn't one already! with the last 3 dai's having absolutely taken over all the powers of the imam, even including their own names in the misaq, have started calling themselves dai-al-mutlaq (absolute dai, a dai answerable to no one in his 'mission') are accepting sajda's from their followers and referring to themselves with grandiose, but utterly fraudulent and unislamic titles such as haqiqi kaaba, natiq e quran, mojiza na saheb, ilah ul ardh etc, it is high time that all pretense to the hidden imam who will one day (dare to) reveal himself and end all evil and establish ram rajya, should be abandoned post haste by the bohras.

agreed that in the past, the force of the hindustani majority also helped dawood bin ajabshah establish his daiship over sulaiman, prompting the so-called usurper to run away with his tail between his legs, but isn't that another evidence that the hidden imam has never played an active role in bohra's body politik, that in fact his very existence is questionable? inspite of such serious transgressions against his 'holy status' by the very same clergy who are supposed to be waging jihad to uphold the concept of an imam in satr, we foolish bohras continue to misplacedly repose our faith in that fiction.

denying the concept of a hidden imam is taboo, it has to be an inviolable article of shia ismaili mustaali tayyebi faith, otherwise you cease to be a 'bohra'. yet, here we are, blindly accepting the mockery and ridicule of the hidden imam concept by the very rascals who occupy the daiship in his name!!

this contradiction in faith, spiritual belief and religious practice is untenable, foolish and illogical. will no one accept the presence of an elephant in the room?
]

adna_mumin
Posts: 193
Joined: Fri Feb 07, 2014 3:43 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#473

Unread post by adna_mumin » Wed Apr 30, 2014 2:45 pm

S. Insaf wrote:How is Syedna chosen? HC wants to know
Indian Express | Mumbai 30th April 2014

The Bombay High Court Tuesday sought to know the procedure involved in choosing the Dai-al-Mutlaq or the spiritual head of the over a million-strong Dawoodi Bohra community.
Justice Gautam Patel, who posed the question, was hearing a suit filed by late Syedna Mohammed Burhanuddin’s half-brother Khuzaima Qutbuddin (73), who is contesting the appointment of the Syedna’s son as his successor.
“How do you establish only by a doctrine or custom that the Mazoon (the second in command in the community) becomes the successor?
What are the requirements?…witnesses…?” asked Justice Patel. The court also pointed out “acceptance by the community” as one of the factors in anointing the spiritual head.
What is implied in the last sentence one wonders! As the immediate previous sentences seem to inquire on the procedure/process (which will be responded to and discussed one imagines if there is a disagreement) So either it was a question by the Hon Judge or a misunderstanding of the reporter as “acceptance by the community” is not a criterion: what would be defined to comprise "community" anyway!

Further on the article tends to want to cause confusion/mischief either intentionally or otherwise by saying:
In his suit, the half-brother has said he is the successor as he was the Mazoon. The late Syedna too was once the Mazoon and became the head of the community after his predecessor’s death, he has stated.
There is either mischief or ignorance on part of the author in alluding to say that anything like this is implied in the suit that was filed. The whole community is well aware there is no automatic succession owing to the holding of the rutba of Mazoon, however high that it is. And there is no way that would have been made basis of the claim.

False propaganda machine at work? Allah ta knows best.

JC
Posts: 1624
Joined: Wed Sep 29, 2004 4:01 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#474

Unread post by JC » Wed Apr 30, 2014 4:04 pm

The cases are efforts to shake up and may be wake up gullible abdes/amtes.... let so-called royal beggers fight and let people know what they stand for .......... irrespective of who wins, abdes/amtes will 'learn' something; they openly accept this or not is other matter.

Division has already been made within family and thats a good start ...........

JC
Posts: 1624
Joined: Wed Sep 29, 2004 4:01 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#475

Unread post by JC » Wed Apr 30, 2014 4:05 pm

Any idea or knowledge if SKQ intends to fight legal battles in Pakistan, UK, USA or Canada??

Bohra spring
Posts: 1377
Joined: Mon Sep 17, 2012 8:37 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#476

Unread post by Bohra spring » Wed Apr 30, 2014 5:16 pm

The court is doing what it is supposed to do. The court rules in the interest of society and law. Laws are established by public representatives. If any one thought the court is referee, forensic investigator only is misinformed. Of course the court will take into account what is the societal impact of their decision is. If they don't the legal advocates will fight that.

Eg when a criminal is acquitted for lack of evidence or miscarriage of justice the court does recommend parole so the society is protected or if benefit of doubt in child murderers rather than acquiting they do take the person off the street.

Regarding concept and philosophy of imam zaman, what more reason do we need to discontinue the stories. The reality is it is a fairy tale. Reformists and sane orthodox need to move on there are countless other practises that we have been forced to give up and it has not changed the fabric of our faith on with modernisation, eg FGM, child marriages.

Al Zulfiqar
Posts: 4618
Joined: Tue Mar 28, 2006 5:01 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#477

Unread post by Al Zulfiqar » Wed Apr 30, 2014 6:06 pm

Bohra spring wrote:
Regarding concept and philosophy of imam zaman, what more reason do we need to discontinue the stories. The reality is it is a fairy tale. .
when taher saifuddin himself stated in court, under oath mind you, that the concept of a hidden imam, although central to the belief system of a dawoodi bohra, is merely a concept, then what more proof is required for slave bohras, that the imam does not exist?

true_bohra
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#478

Unread post by true_bohra » Thu May 01, 2014 1:18 am

S. Insaf wrote: They said he has been the late Syedna’s closest aide over the years.
:shock: :shock: :shock: and where was this closest aide all these years???

monginis
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Joined: Thu Mar 20, 2014 8:00 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#479

Unread post by monginis » Thu May 01, 2014 1:22 am

true_bohra wrote:
S. Insaf wrote: They said he has been the late Syedna’s closest aide over the years.
:shock: :shock: :shock: and where was this closest aide all these years???
he was cornered just like how Imam Ali was cornered for years by Abu bakar usman and umar, just like how Imam Hassan was cornered by Muawiyah, and Imam Hussain was cornered by Yazeed.

true_bohra
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Joined: Mon Oct 21, 2013 4:19 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#480

Unread post by true_bohra » Thu May 01, 2014 1:37 am

cornered...and that too in USA... :lol: :lol: