Nass & Tawqeef: All you need to know
The Foundation of Shariat is Nass & Tawqeef. [1].
But, what is Nass? How is Nass established? What are the requirements?
To a Dawoodi Bohra mumin the answers to these questions are quite simple – but to a Non Mumin or a Qutbi Bohra, it is most certainly not. The lack of understanding (or deliberately twisting) of this truth, is root cause for the Qutbi Bohra fitnat. It is imperative for the Qutbi Bohras to understand the basics of Nass & Tawqeef, in order to see the truth. After all, Nass & Tawqeef is the key – everything else is secondary.
Realizing the importance of Nass & Tawqeef, it is no surprise that these were the exact same questions posed by the High Court Judge:
“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.
In the first chapter of Daim ul Islam, Syedna Qadi Noman RA lays down the simple basics. He says:
If they ask us, how is (the continuity) of Imamat? We say: “It is by Nass & Tawqeef” – so that there cannot be any hujjat or argument (against us).[2]
Nass basically means the appointment of the Mansoos by the Dai. There is no difference in opinion between the Dawoodi & Qutbi Bohras in regards to the definitions of Nass.
However, the Qutbi Bohras forget that along with Nass, there must be Tawqeef as well.
This article will explain the concept of Tawqeef as follows:
o The meaning of Tawqeef (there must be a witness to the Nass)
o This witnesses must be physical human beings.
o The definition of the word “shaahid” (witness)
o A person cannot be his own witness.
o A Nass without Tawqeef is invalid
o There has NEVER been a Private Nass without witnesses
o Not every Mazoon has become the Dai
o How should the news of a Nass be conveyed (to the people)?
o The witness can be anyone, regardless of their position
The meaning of Tawqeef
According to Lane’s Lexicon the meaning of Tawqeef is:
“وقّفه على الشيئ، meaning عرفه ايّاه, He made him acquainted with the thing; informed him of it; gave him notice of it”
Simply put, Tawqeef means making the Nass known to a third person (a witnesss) - the act of identifying and describing the mansoos to someone other than the mansoos himself.
In order for Tawqeef to take place, there must be a witness. It must be between The Dai (performing the Nass) and the - third person witness who is being informed of the Nass on the Mansoos.
Regardless of whether the Nass is Private or Public, there MUST be a witness. Aimmat AS & Doat Mutlaqeen RA have always had witnesses to their Nass.
KQ’s claim is that a Nass without witnesses or a Nass without Tawqeef is valid - this in itself is proof of his ignorance. Syedna Taher Saifuddin RA further confirms this position. He says:
“A Dai is instructed to appoint his successor… and this appointment must be made in the presence of the people of his Dawat”[3]
The Witness must be a Physical Human Being
In the same paragraph of Daim al Islam (mentioned above) Syedna Qadi Noman states that the “Naas (the person performing the Nass), must inform his followers”.
The witness needs to be a physical person (man or woman). One cannot simply brush off and say that Allah TA is his only witness. Undoubtedly because Allah TA is a witness over everything.
The definition of the term “shaahid” )witness(
A shaahid is a person who says “I saw or I heard etc etc” [4]
A shahid must be a person who can testify to something he/she has witnessed. A shahid must be a person who is able to communicate what he heard or saw. This further confirms the fact that the witness must be a physical person. Thus, claiming that God is the only witness to KQ’s alleged Nass deems it necessary for "God" to come down to earth and testify on behalf of KQ.
(In claiming that "God" is his own witness – he directly accepts that Nass requires a witness – which refutes his earlier position that there were no witnesses and he needed none.)
A person cannot be his own witness.
KQ claims he is the only witness to his alleged Nass.
In the Chapter of “Shahaadat”– Syedna Qadi Noman RA clearly states that a witness cannot testify in favour of himself.[5]
Therefore, by claiming to be the only witness of his Nass is against Daim ul Islam and all Islamic Fiqh. His testimony is not acceptable regardless of his position.
(In claiming that KQ is his own witness – he directly accepts that Nass requires a witness – which refutes his earlier position that there were no witnesses and he needed none.)
Read also:
http://believesyednaqutbuddin.com/2014/ ... g-benefit/
A Nass without Tawqeef is invalid
In reference to the fitnat of Sulaiman, Syedna Taher Saifuddin RA states that Sulaiman's followers accepted a nass without any witnesses. Addressing the Sulaimaniyeen (followers of Sulaiman), the author goes on to say “your lies, that the Dai passed away suddenly without doing any wasiyyat... even though this sickness was known and he had made preparations for his own demise… we are Dawoodi Bohras because we refuted Sulaiman's claim of nass without witnesses. He then goes on to say "Whoever comes forth with Nass & Tawqeef, is the rightful Dai." [6]
On another note, those who disputed the Nass on Syedna Abdulqadir Najmuddin RA challenged him that if a Nass had taken place – then there must be two witnesses - therefore who are your witnesses? Syedna Abdulqadir Najmuddin RA replied that that Sh Abdul Ali and Sh Abudllah bin al Had Abdul Qadir were the witnesses. [7]
What is important to note from this bayaan is that even the munafiqeen were aware of the basics of Nass, that is, there must be witnesses.
There has NEVER been a Private Nass without witnesses
In the History of Dawat – There has never been a Private Nass without witnesses.
The Qutbi Bohras claim that certain Awliyaullah SAW performed Private Nass without witnesses. This is a complete distortion of the facts. Dawat texts prove the contrary. Please read the following links provided below.
The Nass of Sulaiman Nabi AS:
http://qutbibohras.blogspot.com/2014/11 ... bi-as.html
http://qutbibohras.blogspot.com/2015/11 ... again.html
The Nass on Imam Mansoor AS
http://qutbibohras.blogspot.com/2015/07 ... -nass.html
http://qutbibohras.blogspot.com/2016/02 ... -waaz.html
The Nass on the 7th Dai, Syedna Husain RA
http://believesyednaqutbuddin.com/2014/01/25/reason-2/
Not every Mazoon has become the Dai
Although there are many instances where the Dai has performed Nass & Tawqeef on his Mazoon – there are many instances where the Mansoos was neither the Mazoon nor the Mukasir. Syedna Mohammed Burhanuddin RA has clarified this fact in many bayaans.
There are many examples of the Mansoos not being the Mazoon of the time. The most recent examples are the Nass of the:
· 46th Dai on the 47th Dai
· 48th Dai on the 49th Dai
· 49th Dai on the 50th Dai
· 50th Dai on the 51st Dai
How should the news (paighaam) of a Nass be conveyed (to the people)?
Syedna Hamiduddin al Kirmani RA states[8]:
“What is that thing by which ‘Nas’ is proved?” it asks, and replies:
“As to those who are present and see to them ‘Nas’ is proved by pointing out to them and informing them of the successor, and to those who are absent ‘Nas’ is proved by information communicated to them by such persons who will be considered as authority.”
The above text confirms that:
· A third person must be informed of the Nass (tawqeef/witnesses)
· For those who are absent – the Nass needs to be conveyed by an accepted authority (by the Imam or Dai).
The ibarat does not limit who is allowed to convey the Nass, as long as he’s an authority - irrespective of his position/rank or rutba.
The Shehzadas/witnesses in London conveyed the Nass - with the farmaan of Syedna Burhanuddin RA - through the system of Dawat and local Amils – all of these people where authorities appointed by the Dai Syedna Mohammed Burhanuddin RA himself.
The witness can be anyone, regardless of their position or rutba
It is the Dai’s sole discretion as to whom he appoints as a witness to the Nass. It is not necessary that the Mazoon must be informed of the Nass and convey it to others. Any authority (appointed by the Dai) can be a shaahid of the Nass. For example:
The 43rd Dai, Syedna Abdeali Saifuddin RA informed his trusted hawaalchi (assistant) - not the Mazoon - about his Nass on the 44th Dai (Syedna Mohammed Ezzuddin RA).
When the 48th Dai (Syedna Abdul Husain Husamuddin RA) performed Nass on the 49th Dai (Syedna Mohammed Burhanuddin RA), along with some other hudood, the witnesses to the Nass were Syedna Abdullah Badruddin RA and Syedi Abdeali Mohyuddin QR – both who weren’t the Mazoon at the time. The Mazoon was Syedia Ismail Bs Badruddin QR. [9]
Similarly, when the 49th Dai (Syedna Mohammed Burhanuddin RA) performed Nass on the 50th Dai (Syedna Abdullah Badruddin RA), the witnesses were Syedi Abdeali Mohyuddin QR, Syedna Taher Saifuddin RA, Syedi Taiyeb Zainuddin QR , and Miya Saheb Sh Taiyeb Bhai Kothari. None of the the above were the Mazoon of the time. The Mazoon was still Syedi Ismail Bs Badruddin QR.[10]
= = =
Concluding.
Since the inception of the Qutbi Bohra fitnat and the Fatemi Dawat site, the Qutbis have demanded proof from us, when not being able to provide one iota of evidence from their end.
They have been challenged to cite just one source from Dawat books in regards to Nass & Tawqeef. Till date, despite many requests and challenges, they have not been able to do so. Yet, they continue to fabricate stories out of thin air and feed it to their followers - who accept it blindly.
This article has referenced texts that are easily available to the Qutbi Academic team and their scholars. Unlike the Qutbi rhetoric of saying "bayaan ayu che" (without mentioning any references) - I urge the Qutbi followers to confirm these Dawat texts, realize that KQ and the Qutbi team are lying – and inshallah – see the truth.
Finally, I quote the qasida of Syedi Hasan bin Idris QR which he wrote to to Sulaiman, during his fitnat and false claim:
و ذا مقام عظيم لا يتم لمن * لم يأت بالنص توقيفا و توجيها
...
فهات لي مشبها ما قلت من حجج * هاتي لنا شاهدا ان كنت قاضيها
...
[11]وكل دعوى اذا لم تأت بينة * كانت لعمري اباطيلا و تمويها
[…this (The rutba of Dawat) is a "maqaam e azeem" that cannot be claimed by the one who does not bring forth Nass & Tawqeef ... Rasulullah appointed Moulana Ali through Nass & Tawqeef ... so… bring me some proof ... bring us even one witness to your claim ... every claim (dawo) that doesn't have proof is baatil (false) and fabricated]
To KQ and the Qutbi Leaders I challenge:
قل هاتوا برهانكم ان كنتم صادقين
[Bring forth your burhan (proof), if indeed you are truthful]
[1] (Ref: Kitaab al Najah - Introduction)
[2] Daim ul Islam – Chapter 1, Syedna Qadi Noman RA
[3] Ref: Risalah Dorar al Huda al Mudeeah Page 63
[4] Syedna Qadi Noman RA (Sharh al Akhbar Volume 1)
[5] Daim al Islam – Chapter of Shahadat – Syedna Qadi Noman RA
[6] Risalah – Zau o Noor al Haq al Mubeen by Syedna Taher Saifuddin RA
[7] Risalah - Tazkerat Labeeb (Pg 171) by Syedna Taher Saifuddin RA
[8] Translation Accepted by Both Parties (The Privy Council Judgement Page

- Original text from Risalah al Wadhiyah – Syedna Hamiduddin al Kirmani RA:
[9] Seerat al Radhiya
[10] Seerat al Radhiya
[11] Risalah – Ne’m Sibghah al Ilahiyyah (page 461) by Syedna Taher Saifuddin RA