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

[ghulam muhammed]

The Honourable Judge's observations on the Dai and his conduct as per records of a court proceedings :-

The learned Judge has observed that I have now said enough to show that Mullaji's religious position is so high that it only causes confusion and perhaps injury to over state it." It is incorrect to say that Mullaji is in effect God or for all practical purposes God and it is a sacrilege to bring the present suit. I think it is opposed to the leading tenets of the Muhammed an faith which is known to educated people all over the world i.e. "there is but one God and Muhammed is the Prophet." With regard to dealing with the Mullaji's claim that he be the owner and master of all property possessed by any Dawoodi Bohra and to be also the master of their minds, bodies and souls, it was negatived as they could not justify their claim. As per their religious books viz. (1) Quran, (2) the Hadis or saying and doings of the Holy Prophet Muhammed and (3) the Nehjul Balagh or saying or doings of Ali. It was observed that in none of these is the claim which the Mullaji now makes specifically put forward as the counsel of the Mullaji admitted that he had no religions authority to show in precise words that the Mullaji could take away trust property under a deed, will or scheme, as by such powers as stated above.

The learned Judge has further observed' "I have been through all the other religious writings which were cited, but it is impracticable to do this in a judgment. I have given them my best consideration but in the result, I am not satisfied that they fairly substantiate the claims of the Mullaji to ownership of the minds and properties of the followers. Further the priests themselves would seem to draw a distinction between ownership in a worldly sense and ownership in a religious sense. The learned Judge also observed that "I should mention as extremely important fact viz. that the defendants cannot produce a single instance of these extreme claims having been exercised by any Mullaji Saheb prior to the present suit."

." The learned Judge has observed that the theory of the Mullaji Saheb's universal ownership, therefore, seems to be unfounded in fact and bad in law."

In Aksarally A. Adamji Peerbhoy and Ors. v. Mahomedally Adamji Peerbhoy and Ors. AIR 1932 Bombay 350 the Mullaji expressed his unwillingness to under-take any liability upon himself and he did not wish to be appointed a trustee, which necessarily implied accountability (to beneficiaries and court) and denial of exercise of any plenary powers over the mosques.

In Sardar Syedna Taher Saifuddin Saheb v. State of Bombay AIR 1962 SC 853, the Hon'ble Supreme Court has concerned only with the validity of Bombay Act No. 42 of 1949 by which the power of excommunication was totally taken away from the Dal-ul-Mutleq and the act of excommunication was made a criminal offence.

Mr. Mehta has placed reliance on Notification published in newspaper dt. 6.4.25 of the Mewar State. It reveals that there was a dispute regarding burial of dead bodies between Mullaji's person and non-believers of Mullaji and it was notified in that notification that dead bodies will be buried in this cemetary and even non-believers of Mullaji and person of Mullaji have no right to prevent them.

http://www.indiankanoon.org/doc/12102/

[anajmi]

The learned Judge has further observed' "I have been through all the other religious writings which were cited, but it is impracticable to do this in a judgment. I have given them my best consideration but in the result, I am not satisfied that they fairly substantiate the claims of the Mullaji to ownership of the minds and properties of the followers.

Did the Judge read the taawil of the Quran by the Mullaji? Didn't some learned member on this forum (read porus) mention that Mullaji has debunked the literal meaning of every ayah of the quran and the words are interpreted with exalted spiritual significance by him?

[ghulam muhammed]

In giving the mithaq, the Nathwani Commission report revealed, a Bohra must consent to yet another draconian condition that forms an integral part of the mithaq

—that if he dares to violate the mithaq his ‘entire property, house, vessels, jewellery, vehicles, horses, cattle, servants—men and women—and other worldly possessions’ would become‘illegal’ for him, and even that all his property ‘can be looted’. If he is married, his wife is no longer his, and their marriage is automatically dissolved. ‘Even if the violator of the mithaq walks [to Arabia] barefoot and performs the hajj 30 times, God will not forgive him for this sin, nor will He accept his hajj […] Violators of the mithaq will be cursed by God in the same way as God cursed Iblis [Satan], who was turned out of heaven and sent to hell.’

Bohras who defy the Syedna are promised eternal torment in hell. He who violates the mithaq, the Bohras are forced to believe, ‘will, after his death, be presented before God as a kafir and an apostate and will be thrown into hell.’ ‘Without loyalty to the mithaq’, they are told, ‘a soul cannot gain freedom, for there is no way to salvation other than by abiding by the conditions of the mithaq.’

Detailing the various rules of the Bohra mithaq, the Nathwani Commission report termed it as a ghulami namah or a veritable ‘a charter of slavery’ invented in order to coerce the Bohras into blind obedience to the Syedna not just in religious matters but in every other aspect of life. It even suggested that the mithaq was designed and used to force the Bohras to become slaves of the Syedna, rather than of God. ‘In this conception,’ it commented, ‘God is not above the dai because it is written in the mithaq that if one disobeys the dai, God would not forgive him, but that if he renews the mithaq, then God will.’

‘It is difficult to understand how any self-respecting person can take such an oath or how a person not yet a mature adult can fully abide by it,’ the report of the Commission went on. It declared that the terms of the mithaq were an insult to all human rights and very obviously violated both the law of the land and God’s law. Accordingly, it recommended that the untrammeled power of the Syedna to declare baraator excommunicate Bohras for violating the mithaq be controlled. Following this, reformist Bohras sought legal action in this regard, but, in true Indian style, the matter continues to languish in the courts, thus allowing the Syedna to continue unhindered with his dictatorial rule over his ‘slaves’.

[anajmi]

It looks like the bohra misaaq was written by Stephen King himself. After being taught the Quran by the Syedna himself. Remember

What is so enlightening about Sayedna's tafseer is that every ayat's literal meaning is debunked and the words are interpreted with exalted spiritual significance.

according to some learned Arabic scholars on this board!!

[Nafisa]

Dawoodi Bohra factions now fight over custody of 9 kids
By Yogesh Sadhwani & Sharmeen Hakim Indorewala, Mumbai Mirror | Mar 12, 2014, 02.26 AM IST

Dawoodi Bohra factions now fight over custody of 9 kids

Kids taken away from Saifee Mahal by their mothers, daughters of Qutbuddin, on the very day the Syedna died.

As the battle over who is the rightful successor to the late Syedna Mohammed Burhanuddin wages in the Dawoodi Bohra community, a parallel dispute has been happening between the two warring sides over custody of nine children who happen to be descendants of both factions.

On January 17, the very day that the Syedna passed away, the children -- who lived in Saifee Mahal, home of the Syedna and his family in Malabar Hill, were taken away to Thane by their mothers, and there has been no trace of them ever since.

Their mothers, Arwa and Fatema, are both daughters of Khuzima Qutbuddin who is now threatening legal action to claim spiritual leadership of the community as its 53rd Dai or religious leader. Thane is where Qutbuddin resides. Immediately after they left their Malabar Hill home, the children were "sent abroad to ensure their safety," said a member of Qutbuddin's family, requesting anonymity.

The children's fathers on the other hand, belong to Mufaddal Saifuddin's side of the family. Arwa is married to Mufaddal's son Taha; the couple have five children. Fatema is married to Mufaddal's nephew Ibrahim, and they have four children.

Insiders told Mirror that the battle over the children, aged between eight and sixteen years, has been brewing since January. And now that the mourning period for the late Syedna is over, both sides are becoming aggressive about their rights over the children.

The fathers of the children are now exploring all options to get the children back, while the mothers support their father Qutbuddin's faction over their husband's side, and do not want their children to live in Saifee Mahal any longer.

Members of Qutbuddin's family said that Arwa and Fatema, who were aware of the succession battle in the offing, "feared for their lives and their children's and hence fled". "They are firm believers in their father's philosophy and stake to the community leadership. They knew that their community would have choose between their father and Mufaddal as religious leader and that a split in the community was inevitable. They knew they would not be able to follow their father while living with their husbands, and had no choice but to flee," said the member of Qutbuddin's family.

"The children are safe and with their uncle Taher Bhaisaheb in the there for their safety," Zara Qutbuddin, head of Qutbuddin's public relations team said. Had the children not been sent overseas, Mufaddal's side would have traced them and forced them back to their home, claims the Qutbuddin faction.

Mufaddal's side on the other hand, was emphatic that the children should be with their fathers.

"They have been whisked away and forced to go with their mothers. They belong with their fathers," said a senior member of Mufaddal's side. However there was no official comment from this faction, on the grounds that the matter was personal in nature. Mufaddal's side, according to sources, are in talks with their lawyers to find a way to claim custody of the children.

"The children have been sent to US, where our laws do not apply. We are grappling with the situation to find a way out," said the Mufaddal family member.

WHAT LED TO THE FEUD?

After Syedna Mohammed Burhanuddin died on January 17, the rift between the two sides became immediately apparent. Syedna's brother Khuzaima Qutbuddin (the Syedna's deputy and one of the claimants to the title of Dai) paid his last respects to the just-deceased Syedna and left the official residence of Saifee Mahal (Malabar Hill) for his other residence in Thane. The Syedna's second son Mufaddal Saifuddin, who was away in Colombo, rushed back to Mumbai and sat mourning beside his father's body.

That very night Khuzaima Qutbuddin made his first official address, indicating that the succession (nass) had been made in his favour 49 years ago and he was the 53rd Dai. Mufaddal Saifuddin, however, also claimed that he had been appointed as successor by the Syedna two years ago. Ever since, the two sides have been at war.

[Sequence]

jo apne baccho ko sambhal naa paya aur unkaa dil naa jhit paya, wo 10 lakh logo ko kaise manage karenga?

[voice]

Sad part of story. Its a sacrifice of daughters for there father / Haq. They have presented great example for everybody.
May Allah subhanahu bless them with patience and best reward.

[AgnosticIndian]

But then Dai should have known about the impending departure of the kids with their mother & preempted that. But yeah now it will be shown as hikmat na khatir

[tasneempati]

jo apne baccho ko sambhal naa paya aur unkaa dil naa jhit paya, wo 10 lakh logo ko kaise manage karenga?

ભાઈ તમે એક દમ સાચું લખેલું। દસ લાખ અદના મુમીનીન ને કેવી રીતે સંભાળશે

[tasneempati]

Many newspaers reported this issue. Read this link
http://www.indiatvnews.com/news/india/s ... tml?page=4

[Bohra spring]

Is it not a pleasant turn of events that Shazada Mufadal feels the pain within his own family that his regime has inflicted on hundreds of other family where barat has destroyed families across ideological loyalties for last 40 years. As he grieves the loss of his grandchildren and broken marriages let him reflect how his administration mistreats the regular members. God sometimes punishes tyrants in this world . It is good Qutbudin is making him realise his arrogance.

I think the children have a better future with their mothers .

Can Mufadal remember how many innocent animals he has shot for his trophy ? Or burials he has denied , abuses his Amils inflict in various cities across the world when demanding taxes.

It is sad that I have to say this or use this incident but the suffering in the community is extreme. So let him too get a taste of sleepless nights, stress, that people get when they are to visit the Amils office or he visits a city.

[ghulam muhammed]

The Muffy group seems to have forgotten the children of Muffy's brother Qusai whose 2 children were also taken away by his wife Bazat Tayyabah, the daughter of SKQ.

[ghulam muhammed]

"The children are safe and with their uncle Taher Bhaisaheb in the there for their safety,"

"The children have been sent to US, where our laws do not apply. We are grappling with the situation to find a way out," said the Mufaddal family member.

A very intelligent step by SKQ camp to send the children to USA as otherwise it would have been difficult for them if they were in India. Muffy can pull strings in India by bribing politicians who visit him often but its an altogether different ball game in USA.

[JC]

Eagerly waiting for the legal battle to start ............. it will be worth while to watch and follow ........ so many thing will come to light ...........

[Bohra spring]

An evil comment ...that I must relay how low amtes can get..I was stunned by the low level of brainwashing

"If SKQ daughters ie wives have left the princes, so what there are hundreds of devoted young women ready to marry and comfort the poor zadas , some others ready to be their concubines for the princes"

I asked what is so fanciful the don't look macho

The amte stated "can you imagine how handsome the prices are and their lives would change for ever lifestyle, maids, their children would be princes. "

The amte confirmed There are amtes in Jamia who keen on flirting ,Sheer celebrity type lust.

[Being_Bohra]

Just received news tht guards are posted outside badri mahal in mumbai. Apparently, doors are also kept ajar.

[trvoice]

Just received news tht guards are posted outside badri mahal in mumbai. Apparently, doors are also kept ajar.

Illegal encroachment ?

[Nafisa]

Dear Muminaat
This is a great time for you to show Jazba of Fidayyat. Three Shahzadas are without wives, so it is Farizat of beautiful virgins to sacrifice their virginity for them and make them pleased and earn Jannat al Firdus.

Aa Ghani Mohti Nemat Chey, Shehzadas Na Dil Ne Lubhawa ma Sawaab Azeem Cheh, Agar Tamaru Zaiqu delicious Hasay Tu Bandi Banawi Mustaqil Sharaf Apwa Ma Awase.

[alam]

Note point:
Bazaar taiyyaba bensaheba- daughter of SKQ is actually 2nd wife of shz. Qusai bs. His first wife is very much around, Tasneem bs. - daughter of the late Shehzada Hatimbhaisaheb.

[admirer]

Note point:
Bazaar taiyyaba bensaheba- daughter of SKQ is actually 2nd wife of shz. Qusai bs. His first wife is very much around, Tasneem bs. - daughter of the late Shehzada Hatimbhaisaheb.

Alam bhai,
It is not BAZAAR TAIYYABA. The correct name is Bazat Tahera bs.
At least get the facts correct before posting.

[ghulam muhammed]

It is not BAZAAR TAIYYABA. The correct name is Bazat Tahera bs.

Qusai's wife is Bazaat Tayyeba ! Bazat Tahera is her elder sister who gives lectures in American Universities.

[alam]

Note point:
Bazaar taiyyaba bensaheba- daughter of SKQ is actually 2nd wife of shz. Qusai bs. His first wife is very much around, Tasneem bs. - daughter of the late Shehzada Hatimbhaisaheb.

Oops, my typo. Apologies
Meant " Bazat" Taiyaaba.

[SBM]

It is not BAZAAR TAIYYABA. The correct name is Bazat Tahera bs.

Qusai's wife is Bazaat Tayyeba ! Bazat Tahera is her elder sister who gives lectures in American Universities.

She (Bazat Tahera) is Professor of Arabic Studies at University of Chicago and specializes in Fatimid Literature. She got he Ph.D. in Arabic studies from Harvard University and has also written a book.

[zahir]

ahna bacchaaw ni fikar ahne che.tame tamara jan ni fikar karo n pls start minding ur own house n family.

[Saeed al Khair]

Legal team of Dawat e Hadiyah is in London. Abdulhussein Haidermota of Pakistan is also one of the team members.

[true_bohra]

Dear Muminaat
This is a great time for you to show Jazba of Fidayyat. Three Shahzadas are without wives, so it is Farizat of beautiful virgins to sacrifice their virginity for them and make them pleased and earn Jannat al Firdus.

Aa Ghani Mohti Nemat Chey, Shehzadas Na Dil Ne Lubhawa ma Sawaab Azeem Cheh, Agar Tamaru Zaiqu delicious Hasay Tu Bandi Banawi Mustaqil Sharaf Apwa Ma Awase.

Are you a real woman....if yes then I think progressives have progressed very much in vulgarity

[trvoice]

Legal team of Dawat e Hadiyah is in London. Abdulhussein Haidermota of Pakistan is also one of the team members.

Can you keep the forum updated on this. It seems like some sort of panic is going on and it should be brought to light.

[wise_guy]

true_bohra's comment on trivial post as expected. He vanishes when asked some legitimate questions but surfaces and replies to some age old post that doesn't matter.

Dear Muminaat
This is a great time for you to show Jazba of Fidayyat. Three Shahzadas are without wives, so it is Farizat of beautiful virgins to sacrifice their virginity for them and make them pleased and earn Jannat al Firdus.

Aa Ghani Mohti Nemat Chey, Shehzadas Na Dil Ne Lubhawa ma Sawaab Azeem Cheh, Agar Tamaru Zaiqu delicious Hasay Tu Bandi Banawi Mustaqil Sharaf Apwa Ma Awase.

Are you a real woman....if yes then I think progressives have progressed very much in vulgarity

[Nafisa]

Mufaddalis are trying to manipulate the evidences. London Hospital record, CCTV footage, Doctors record, medical reports and all circumstances evidences are very important to judge the health status of Syedna Burhanuddin. It is next to impossible to prove in the court that SMB conferred Nass in hospital,while suffering with serious health problem. I hope Legal consultants of SKQ have already obtained required reports from London hospital.
Team of Mufaddal Saifuddin's Lawyers are enjoying London visit, It consisted of Kutharis and Jamea clergy. Dr. Q.J and Dr. Moiz are head of the Mufaddali legal team. Jafar us Sadiq is also trying to expend his position equal to his grandfather Y.N through this case.

[monginis]

Mufaddalis are trying to manipulate the evidences. London Hospital record, CCTV footage, Doctors record, medical reports and all circumstances evidences are very important to judge the health status of Syedna Burhanuddin. It is next to impossible to prove in the court that SMB conferred Nass in hospital,while suffering with serious health problem. I hope Legal consultants of SKQ have already obtained required reports from London hospital.
Team of Mufaddal Saifuddin's Lawyers are enjoying London visit, It consisted of Kutharis and Jamea clergy. Dr. Q.J and Dr. Moiz are head of the Mufaddali legal team. Jafar us Sadiq is also trying to expend his position equal to his grandfather Y.N through this case.

just wait for 2 more weeks, things which are going to come up will shake muffy and his supporters ground completely.