Mumbai: For the 1.5 million-strong, closely-knit Dawoodi Bohra community, the custom of communal eating from one thal or large plate imparts a potent message of unity and brotherhood. Ironically, the practitioners of this very ritual are today divided into two factions on account of a long and acrimonious battle being waged for the post of the sect’s Syedna or supreme spiritual leader.
The rival claimants in the succession feud are both descendants of Mohammad Burhanuddin, the 52nd Syedna of the Bohra Muslims who lived to the grand old age of 100 and passed away in Mumbai in 2014. On his death, his sons Mufaddal Saifuddin and Khuzaima Qutbuddin both staked claim to the post, with the latter filing a suit in the Bombay high court on the issue. Qutbuddin passed away two years later but his son Taher Fakhruddin continued the legal battle.
As the HC gears up for the final hearing of the dramatic case from November 28 onwards, both factions of the city’s Bohra Muslims—one residing predominantly in Bhendi Baazar and the other in Thane—are awaiting the outcome with much anticipation. The question of everyone’s lips is: who will the court pronounce the next Dai Al-Mutlaq Syedna, the rightful leader of the world’s Dawoodi Bohra community?
The succession battle
At the heart of the case is something called ‘nass’—in prosaic terms an announcement of succession but in spiritual terms an appointment of a person based on divine inspiration. ‘Nass’ is believed to be a divine order that cannot be revoked, and this is the fulcrum of the court dispute.
In 2011, the 52nd Syedna suffered a debilitating stroke and was taken to a London hospital for treatment. It was here three days later that he did a ‘nass’ on Mufaddal Saifuddin, a fact that was publicly reiterated by him when he returned from London 14 days after his treatment. After he died in 2014, Mufaddal Saifuddin announced himself as the 53rd Dai Al-Mutlaq, and assumed control of the Dawoodi Bohra administration and infrastructure.
Khuzaima Qutbuddin, Mufaddal Saifuddin’s half-brother, was the ‘mazoon’ (second in command) during the lifetime of the 52nd Dai. After Mufaddal Saifuddin took over the leadership of the community in 2014, he filed a petition in the Bombay high court, claiming that he had been secretly chosen as the successor in 1965, and on that ground asked the HC to legally declare him the 53rd Syedna. His contention was that ‘nass’ being a divine appointment could not be revoked, and thus his ‘nass’, pronounced in 1965, was the valid one.
The Bombay high court sought to know if both parties wanted to go through a trial to decide the question. While Syedna Qutbuddin expressed his willingness and also attended the trial personally prior to his demise, Syedna Mufaddal refused to stand in the witness box. Later, Syedna Fakhruddin, who was permitted by the HC to continue in place of his father, also attended the trial personally. He also announced that he was the 54th Dai Al-Mutlaq, as his father, the 53rd Dai-Al-Mutlaq, had conferred ‘nass’ on him before his demise.
“My intention is to ensure that the truth prevails, and as a secular institution like the Bombay high court is entrusted with the task of identifying the truth, we are continuing the case. Our intention is to make sure that the community sees the truth,” Syedna Fakhruddin told us from Thane residence. “The things that are being propagated right now are not good for the community. Instead of love, compassion and truth being the underpinning, there’s corruption, nurturing of fear, ostracisation of people and a divide-and-rule tactic.”
Syedna Fakhruddin emphasised that all he wanted was the welfare of the Dawoodi Bohra community, and wanted everyone to “heal”. “We will not emulate their action of cursing followers of the other party. We want everyone to be back together again.” The Syedna said it was “his understanding” that the majority of the community wanted to be with his faction but were afraid of a social boycott and hence not declaring it openly.
The community speaks
Meanwhile, reeling under the succession dispute since 2014, uncertainty looms large over the wealthy Dawoodi Bohra community. Despite the growing chasm between the Syedna Muffadal and Syedna Fakhruddin factions, all want the long-pending issue to be resolved. “We are anxiously awaiting the outcome. It is going to impact the whole community,” said a follower from the Syedna Fakhruddin faction.
The follower said the community as a whole looked up to their Syedna for every aspect of their life. “Apart from the tenets of the faith, the way we do business with integrity and the manner in which we bring up their children is guided by our Syedna. If you look at the community as a whole, even today it stands out. People appreciate the Dawoodi Bohras in every way,” he said.
Another member of the Fakhruddin faction said that a lot of things hidden from the public would come out during the hearing. “Much will be revealed,” he said. “Those who are quiet today will speak out. Those elderly people who know the truth will have the courage to speak out.”
A female educator who supports Fakhruddin, said, “The role that the current Syedna has played in my life has definitely been one of leadership in a way that involves uniting people. He has taken up projects under the banner of taqreeb which means bringing people together. We had a seminar at JNU, where a lot of religious leaders were invited. Even at our dargah, we invite people of all backgrounds. We have social welfare activities in Thane where vegetarian meals are served twice a day to all those who visit. The entire philosophy is one of uniting people.”
Saiffudin Kopty, another follower of Fakhruddin, pointed out that their Syedna focussed on women’s welfare with an emphasis on education. “In the trust set up by Syedna Qutbuddin, 50 percent scholarships are reserved for girls. Things are transparent here, and we are sure truth will prevail,” he said. When asked whether the Bohra faith could be decided by a secular institution such as the courts, Kopty riposted, “Why not? It has happened earlier. There was a case in the court of Mughal emperor Akbar, where it was decided that Dawood Bin Qutub Shah was the real Syedna. That’s why we are called Dawoodi Bohras. History is merely being repeated.”
Syedna Mufaddal’s followers, on their part, maintained that it was unfortunate that the HC was burdened with the task of deciding who the rightful Dai Al Mutlaq was. “If the other side wants, they can do what happened centuries ago when the community was split into two groups, namely the Dawoodis and Alavis,” they said. “The claimant can take his followers and form a separate sect rather than embarrassing the entire community.”
However, the one line that sums up the entire row was mouthed bluntly by a member. “It is all about Vitamin M, as thousands of crores are at stake in the leadership role of the community,” he said. Agreed another member of the community, “Sadly, it’s all about money. From being very forward-thinking, this is what the community has come down to. It’s with great grief that I call myself a Bohra; an identity I was very proud of at one time.”
Doctors, Islamic experts examined in earlier hearings
After the HC appointed Justice Gautam Patel on the case, the court first cross-examined Syedna Fakhruddin by asking him around 1,500 questions, after which it cross-examined witnesses from both sides. The thrust of the trial was ascertaining whether a ‘nass’ done in 1965 could be revoked by a subsequent ‘nass’ in 2011.
Syedna Fakhruddin, while answering questions, had said that as the Dai Al-Mutlaq was ‘masoom’ (infallible and truthful), and had conferred the ‘nass’ on the advice of the Imam uz Zaman, it could not be revoked. The Imam uz Zaman is the 21st Imam who remains in seclusion and advises the Dai on all matters pertaining to religion and community affairs. Only the Dai is able to meet and confer with Imam uz Zaman.
Syedna Fakhruddin also referred to the actions of community members, including those of Syedna Mufaddal after 1965, to prove that his father, Syedna Qutbuddin, was the 53rd Dai Al-Mutlaq. He said that during the lifetime of Syedna Burhanuddin, his father was given the title of ‘Mazoon’ and all reverential acts befitting the Dai Al-Mutlaq were accorded to his father as well.
The HC also examined an independent witness, Professor Devin Stewart of Emory University, USA, who is an expert on Ismaili, Shia and Islamic history and doctrine. Prof Stewart flew down to India to attend the trial and shared his views on ‘nass’. Dr Syedi Husain Burhanuddin, a PhD in Quranic Studies from the University of Cambridge, also deposed in the trial.
Dr Omar Malik, the first witness of Syedna Mufaddal, was also examined, which was followed by the cross-examination of the second witness Dr John Costello, a consultant respiratory medicine physician. Dr Costello was required to verify the submission by Syedna Fakhruddin that the 52nd Dai, due to the stroke, was not in a position to confer ‘nass’ on his son during his stay in hospital.
Thirteen witnesses were examined in all. Justice Patel concluded the examination by August 30 and posted the hearing for October 17 for verification of documents, evidence and objections. After this was done, the bench announced that it would conduct the final hearing of the case from November 28 on a day-to-day basis.