Dawoodi Bohra Wakf act 2014

[phdguy]

It was tahir saifuddin who claimed in court and got it legalized that dai is the owner of all bohra properties. And now when who is daee itself is in question. May I know why the reformists have not yet filed another petition to declare all bohra properties as wakf to be administered only by progressive educated intellectuals? I hope the central board of dawoodi bohra files a petition as now is the only time to get the work done. You can also collect donations here for the court case I guess many would be willing to donate.

[true_bohra]

Progressive educated individuals...

You mean to say that educated people are only present in your fold and now the central board should take charge of this properties....hahahha

and can you tell me how many people is this central board governing??

and court case donation- I wonder with how many ids incredible have to pay...

[phdguy]

I think it has a sizable population with support from well to do NGOS and activists . So it can make a difference, hope so. I would love to see a parliamentary act passed dawoodi bohra wakf act 2014 terminating dai hierarchy and installing a democratic management.

Note if pushed for this this act , then we can say goodbye to these Mullahs and rope in educated members with real PhDs in Islamic studies like Dr Bazat Tahera etc too.

[phdguy]

how about getting passed 'Dawoodi Bohra Wakf act 2014', whose salient features would be:

[*]Terminating the hierarchy of Daee as this doctrine has no basis in Quran the least significant denominator and now that there is irreconcilable conflict between Mufaddal and Khuzaima.
[*] Installing democratic panel of highly educated individuals with degrees in Islamic studies from reputed universities like Harvard, Oxford etc to administer the dawat as per Islamic principles.
[*] Drafting a constitution for betterment of all people involved.

[true_bohra]

A little correction to be made.

Make it as Reformist dawoodi bohra waqf act, 2014

[Bohra spring]

Phdguy. Congrats if you actually have a phd and if I may ask in what field

You have raised so many statements that are unclear

Why do you need the government to pass an act to abolish a leadership title, why don't you just ignore it

Replacing admins with intellectuals is not democratic , democracy is representing a cross section that includes uneducated and intellectuals male and female young and old. What we are asking is a unelected incompetent self imposed leader be removed and replaced by a popular competent capable leader

Constitution for what ? All we need is constitution is for running the affairs in a proper systematic and transparent way .

I hope frustrated Abdes are not asking reformists to storm and make a hostile takeover ? That's not going to go well and is not sustainable . Reformists are best to focus on gradual erosion of the power of kothar so people can make a self determination of whAt is right or wrong. It s like creating the atmosphere of subtle defiance

[phdguy]

Ya I agree , to only one point:
Replacing admins with intellectuals is not democratic , democracy is representing a cross section that includes uneducated and intellectuals male and female young and old. What we are asking is a unelected incompetent self imposed leader be removed and replaced by a popular competent capable leader

But the dai hierarchy should be stopped now anyhow and replaced with a management trustee group.

So let us make this thread to write a constitution for the Dawoodi Bohra Wakf act 2014 to be tabled in parliament.

[true_bohra]

Ohh is it....if passing a law was that easy then anna and kejriwal should promptly approach you...

[phdguy]

where there isa a will there is a way

[Confusd_DB]

True bohra... I was having sympathy when I used to see ppl bashing you all round two forum... But boss you are seriously creating a nuisance... You don't talk any productive thing... May I here ask what's your qualification... As your remarks are like a college kid....
.
@phd N spring let the debate continue... Hope he won't reply again...

@true...pls reply in msg... Don't spoil the debate.

[phdguy]

@spring
Termination of Dai hierarchy by legal means is the most important thing as this will put an end to the power of Dai as there will be no Dai , but a trust of few people elected every 4-5 years who will manage the functions.

This is now very easily possible as both the claimants have no proof that succession was done to them. Legally and factually succession was not done and he died without proclaiming a successor. AFAIU He did this purposely as explained in my previous posts.


Allah knows best.

[true_bohra]

What is so wrong about my post.

The indian parliament is still not able to pass law on many commercial and general issues and it has time to look upon law related to dawoodi bohra community . This infact proves whose remarks are like a college kid.

And dont be bothered about my qualification. I am very much educated and learned and not a confused Dawoodi bohra.

As far as phdguy is concerned, when he does not believe in dawoodi bohra fold, then what his point is writing about all this waqf things amd law related to our properties.

[salaar]

oh please no more PHD we have had enough of them somehow i am having a nausea feeling

[monginis]

on top of that he has no PHD.

[monginis]

PHD guy who ever wins, you won't generate a cent, so please first complete your PHD, then we shall find out.

[shehzaada]

Dont worry the reformist will also strike soon

[Crater Lake]

oh please no more PHD we have had enough of them somehow i am having a nausea feeling

You have nausea feeling from the anesthesia used when they cut your pair.

[Confusd_DB]

@phd who did what purposely

@true I'm a bohra... As per your comments I think you are also a bohra... Do you think the things going on... Stuff like shehzada coming home to ppl and looking money away, giving lanats to our brothers, taking money for kadam of maula, fake karzan schemes... Are all correct... If the motive was welfare, I would have been very happy... But I don't see even a penny used in welfare... I sincerely am confused. Pls let me know if you are not confused and can help me to clear my confusion... Pls reply precisely.

[true_bohra]

No Alhamdolillah I am not confused. For your other doubts, May Allah gives you taufeeq

[Fakhruddinsuratwala]

No Alhamdolillah I am not confused. For your other doubts, May Allah gives you taufeeq

Taufiq of what ?
Pay more money to Sahebe Dawaat
watch more pictures of SMS on Whatsapp
see more revolt coming out from several cities
to bear Faiz e Mawaide Burhani scandals
to see a community torn apart because of power struggle between the family.
I am so sad that such a great community stands at this crossroads and we find ourselves directionless as believing neither party is easy and with the gimmicks and propaganda of SMS is making it more and more difficult.
Very sad days....

[humanbeing]

Abde Bohras will start getting confused at the advent of ramazan and muharram ! these are the times when bohras from all walk of life will gather and discuss / gossip what is happening ! when matters of money will be discussed ! when contact with jamat will be at maximum ! when uncomfortable questions will be asked !

I m looking forward to the strategy of kothar in Ramadan and muharram, regarding extracting money from abdes and other bohras ! S-E-D is one of the initiative !

[Fakhruddinsuratwala]

Abde Bohras will start getting confused at the advent of ramazan and muharram ! these are the times when bohras from all walk of life will gather and discuss / gossip what is happening ! when matters of money will be discussed ! when contact with jamat will be at maximum ! when uncomfortable questions will be asked !

I m looking forward to the strategy of kothar in Ramadan and muharram, regarding extracting money from abdes and other bohras ! S-E-D is one of the initiative !

When a Kothar (as good as religious leader) strategies Religion takes a back seat. So Sad

[shehzaada]

This is the right thing to do as we see in all religion and sects , all this properties are not owned by single person but a it is the trust who is the owner. The trust comprises of democratically elected members.

[Bori85]

It was tahir saifuddin who claimed in court and got it legalized that dai is the owner of all bohra properties. And now when who is daee itself is in question. May I know why the reformists have not yet filed another petition to declare all bohra properties as wakf to be administered only by progressive educated intellectuals? I hope the central board of dawoodi bohra files a petition as now is the only time to get the work done. You can also collect donations here for the court case I guess many would be willing to donate.

This post title is wrong , it was not a "Mistake" of Taher Saifuddin, it was purposely done, he wanted to be the legal owner of all bohra properties and thus have that great power over all bohras. This was a very calculative step taken by him and unfortunate for us (bohra's) and fortunate for him and his family members , the court's gave him the right to be the owner of Bohra properties.

The only thing which always confuses me is that by being the "owner" can a Dai, sell this property without letting any body know. What can Dawoodi Bohra's do if the Dai decides to sell these properties.

[ghulam muhammed]

The only thing which always confuses me is that by being the "owner" can a Dai, sell this property without letting any body know. What can Dawoodi Bohra's do if the Dai decides to sell these properties.

The sole reason of claiming to be "Owner" is because he can then act according to his whims and fancies, can anybody question someone who is legally the "Owner" notwithstanding the fact that the ownership rights were forcefully taken by subjugating the followers and the constant threats of baraat, incase if anyone objects.

The Dawoodi Bohras cannot do anything to stop this practice as they have given the rights to the Dai, whether wilfully or by force. There is an old saying "Apne haath kaat kar de dena".

[shehzaada]

So I think the time is ripe to take back the ownership the PDB should not remain silent spectators to this and just use online medium. Be active and file a case against this and get the properties back under the control of a trustee board elected by central government.

[SBM]

So I think the time is ripe to take back the ownership the PDB should not remain silent spectators to this and just use online medium. Be active and file a case against this and get the properties back under the control of a trustee board elected by central government.

Shezada
In words of John F Kennedy "Donot ask what Country can do for you, ask what can you do for the country"

[shehzaada]

But what is PDB doing ? what is the central board doing, we are ready to help them if they file a counter petition to abolish the control of dai on property .

[shehzaada]

The central board , does lot of intellectual activities like publications which these dumb abdes dont even bother to read but does not get their hands dirty. When khuzaima calls Mufaddal to come in courts , the central board should also file a petition as the claimant. The fact is that there was no nass done in public and surely this will come out as the verdict ( if the judge is not bought over in billions by Muffy), but PDB should ensure that this son of taher saifuddin should not get free lunch , while khuzaima wants court to declare that no nass was performed in public , fine its for PDB too aslo file a petition that the Dai conflict is irreconcilable and now by not nominating any successor the chain of dai has ended hence all properties should goto the Wakf under central board of dawoodi bohra.

[ghulam muhammed]

An article which appeared some time back on the forum and is relevant to this thread.

Serious breach of M.P. Wakf Tribunal's order resulting in Jail punishment
By S.Insaf.

Dawat-e-Hadiya headed by Syedna Mohammad Burhanuddin Saheb has committed a serious breach / violation of Madhya Pradesh Wakf Tribunal order.

The Tribunal has issued notice to Dawat-e-Hadiya and M.P. Wakf Board for reply on breach of Injunction. The said notice sent by the Registered post has been returned by Syedna Sahab to the Tribunal office without assigning any reason. Which means it is deliberately avoiding the service of the Court summons. In this breach case (in which notice is sent to Syedna Sahab) filed before the Tribunal, three months Jail is the only punishment under order 39 rule 2 A of the Civil Procedure Code 1908.

Up to 50th Bohra Dais, they were poor and indebted. But 51st Dai, Syedna Taher Saifuddin Saheb took forceful control of the community's wealth and properties by claiming the ownership of the community properties including masjids. He also claimed that Dai is not accountable to anyone accept the hidden Imam. Though the court of law out rightly rejected these claims he continued his absolute control on the community and remained non-accountable and went on establishing his powerful Financial Empire.

Absolute power corrupts absolutely. Today the Bohra religious establishment is one of the most corrupt establishments.

However the outcome of the mass revolt in Udaipur in 1972 was quite freighting for him as he lost the control over community properties in Udaipur.

Though so far he and his late father had claimed that they are above the law of the land and there is no concept of permanent irrevocable charity trust in Dawoodi Bohra Community, Syedna Burhanuddin Saheb found it safe to submit to the law of the land and abide by trust and Wakf laws.

But he still wanted to maintain his absolute control over the properties and his superiority over Charity Commissioners and Wakf Boards. He soon found out some corrupt elements in Charity Commissioner's offices and Wakf Boards, and in 1973 / 74 he invited them, one by one at his Saifee Mahal in Bombay, bribed them and made them sign on his own drafted agreements. A new word "Sole-Trustee" was coined though there is no concept of Sole-Trustee in the Charity and Wakf laws. How can one person be the Sole-Trustee of several properties all over the country and the world? By doing so he on one side wanted to project himself as 'Law-abiding' and on the other side wanted to play with law of the land. So the clauses like "The Wakf Board will not interfere in the matters of Bohra Wakaf (Auqaf) without due permission of the Syedna Saheb" were deliberately introduced in the agreements in order to enjoy his ownership.

On 15 March 1974 an agreement was signed between representatives of Syedna Saheb and the Madhya Pradesh Wakf Board. Syedna Saheb was declared as Sole-Trustee and a fixed amount of Rs. 18,000 was agreed to be annually paid by Syedna Saheb. The officials in Wakf boards were blinded by money but the reformist Bohras could see through the fraud. In their Fist World Conference they brought this fraud to notice of Wakf Boards, state governments and public. Therefore on 21 October 1979 Syedna Saheb increased the amount from Rs. 18,000 to 30,000. The reformist Bohras kept on raising this issue again and again in their World Conferences. Therefore in July 2000 the amount was further increased to 2,52,000.

Due to rampant corruption in the Wakf Boards nothing happened immediately. But when on 9-1-2006 Mr. Jabbar Dhakwala, an honest and upright person became Administrator of the Board, he came across the resolutions passed in the reformist world conference and investigated the matter. He found that the Agreement entered with the representatives of Sayedna Saheb in 1973 is in violation of the Provisions of Wakf Act. There is no provision in the Act to exempt anyone for NOT getting the accounts audited and NOT submitting it to the Board. He also found that the M. P. Wakf Board is being cheated of crores of rupees as Syedna is paying just peanut whereas the income from the Shia Dawoodi Bohra Wakf properties in Madhya Pradesh was running in Crores. He cancelled the 1974 agreement and rejected the Syedna Saheb's claim of "Sole-Trusteeship". Syedna Saheb was informed by letters dated 1st Feb. 2007 and 2nd June 2007. Because according to 1974 agreement, the Net Annual Contribution paid on behalf of Sayedna Saheb to the Board was just eyewash. Syedna collects crore of rupees yearly by imposing various taxes to get their Nikah, burial and other rituals performed. Even to enter in Bohra masjids for prayers and Bohra Dargahs for ziyarat. It is because the Wakf Board has made him owner of the Wakf properties and Bohras have to pay him to make use of these properties.

Mr. Jabbar Dhakwala issued an order to investigate this matter under section 44, 46 and 47 of Wakf Act and also get the actual details of Shia Dawoodi Bohra Jamat's properties in the Madhya Pradesh, their valuation, Net Annual Income from them, their audited accounts and then based on these details calculate the actual Annual Contribution required to be paid by Dawat-e-Hadiya. The moment Mr. Jabbar Dhakwala sent a notice to Syedna Saheb he immediately increased Net Annual Contribution from Rs. 30,000 to Rs. 2,52,000 yearly.``

I, Saifuddin Insaf along with Janab Abdullah Bhai Athar, had filed a case through Advocate Shahnawaz Khan, in the M.P. Wakf Tribunal praying that the Wakf Board should treat Syedna as Mutawalli (care-taker) and not as Sole-Trustee and most importantly the Board should take back the Bohra Wakf properties from Syedna's control.

There are 325 Wakf properties of Dawoodi Bohra Community in Madhya Pradesh. Since these properties are in absolute control of Syedna Saheb:-
1) The accounts of these Wakf properties are neither audited nor submitted to the Board,
2) The actual income from these properties are not made public,
3) Dawoodi Bohras all over the world are the beneficiaries of these Wakf properties and they are entitled to make use of them without restriction. But due to introduction of compulsory e-Jamat Cards and restriction of dress-code many members of the community are refused entry even in masjids and graveyards.

The reformists have filed a suit No.13/2008 before Hon. MP State Wakf Tribunal under section 83 of the Wakf Act, 1995 and application under section 94 and Order 39 Rule 1 & 2 and section 151 of the Civil Procedure Code was also filed seeking stay. The above case is also pending before Hon. High Court of Madhya Pradesh for disposal of the Civil Revision No.354/2008. The main case No.13/2008 is also pending before Hon. MP State Wakf Tribunal.

On 24/5/2008 the Hon. Court after hearing both the parties passed the following order to maintain status quo, pending further orders;

"Both the parties to maintain status quo in the case till further orders"
This status quo is to be maintained by both the parties i.e. Plaintiff and the Defendants MP Wakf Board and Syedna Sahab till further .The order for maintaining the status quo is still in operation, it has not been vacated by the court and during the operation of the above order the Wakf Board or Dawat-e-Hadiya were not allowed to enter in any agreement and change the position.

This is evident from a letter CH/146/2010 dated 25th June 2010 written by Newly elected Chairman of M.P. Wakf Board, Mr. Ghufran Azam to Syedna Mohd. Burhanuddin Saheb. While the Tribunal has ordered to maintain Status quo he has demanded Rs. 15 lakhs Annual Chand Nigrani from Syedna Saheb, without obtaining the accounts from him. By this act, both the M.P. Wakf Board and Syedna have intentionally disobeyed the orders of the Tribunal.

This clearly amounts to the breach of the orders of the Court. As per the law (the provisions of the Code of Civil Procedure 1908 Order 39 Rule 2A) sending them to the civil prison is the only punishment.

In December 2008 our advocate Janab Shahnawaz Khan had warned the newly elected Wakf board members and the chairman Janab Ghufran Azam that Sayedna Saheb is violating Wakf Act provisions. Also he had shown that the Board's annual income can be increased to more than Rupees Two Crores if it gets audited the accounts of Shia Dawoodi Bohra Wakf properties in Madhya Pradesh. He had pointed out that since last 25 years after the Board has signed an Agreement with Dawoodi Bohra priesthood it is violating the Wakf Act's clauses 44, 46 and 47.

Why is the M. P. Wakf Board's income so low when the income from the Shia Dawoodi Bohra Wakf properties in Madhya Pradesh runs in Crores?

Ever since he is exercising his absolute control over the Bohra Graveyards, Dargah, masjids etc. he has become the sole owner of Wakf properties of the Dawoodi Bohra Community instead of remaining as Mutawalli. And he has started imposing taxes as per his will on the community members for making use of these Wakf properties. To the extent that he exercises his absolute control even on the mosques and the graveyards of the community. He even imposes tax for offering prayers in the mosque and burial of dead in Bohra graveyards. No Bohra can pray or / and bury dead without paying taxes and obtaining his permission. Sayedna increases taxes many fold every year. The Sayedna Saheb's establishment collects Crores of rupees from these Wakf properties but the Wakf Board is paid a fixed negligible sum as annual contribution to Board. Why is this freedom given only to Dawoodi Bohra head?, he had rightly questioned. In the name of burial the Sayedna Saheb's establishment is blackmailing the entire community.

He had said that the Sayedna Saheb's representatives are not working as per the provisions in the Wakf Act sections 44, 46, 47. The accounts of more than 325 Wakf properties in M.P. are neither audited nor submitted to the Board. Sayedna is also hiding the actual income from these properties. It is therefore necessary that the M. P. Wakf Board should asses the actual income of all Wakf properties in M. P. Most importantly the Board should take back from them Sayedna's control.

It is shocking how people like Ghufran Azam can get corrupted when they come in contact of corrupt establishment!