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Succession to the 52nd Dai al-Mutlaq

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The 52nd Da'i al-Mutlaq of the Dawoodi Bohras, Syedna Mohammed Burhanuddin, passed away in January 2014.[1] As per the tenets of the sect[2] each predecessor is required to nominate his successor prior to his death.[3][4] The 2014 death of Mohammed Burhanuddin who was the 52nd Dā'ī al-Mutlaq of the Dawoodi Bohra - a sect within Shia Islam, sparked a succession crisis where two rival claimants emerged for the title of 53rd Dā'ī al-Mutlaq:[5] his son, Mufaddal Saifuddin, and his half-brother, Khuzaima Qutbuddin, who was previously mazoon (Associate, next to the Dā'ī) of the Dawoodi Bohra.[6]

After Burhanuddin suffered a stroke in June 2011 in London, a ceremony was conducted to declare Mufaddal Saifuddin as his successor while the Syedna suffered cerebral stroke and was not in position to speak nor move on his own.[7] The Dawoodi Bohra community was reported about the succession by Mufaddal's brothers,[8][9] a group formed in 2013 in support of Burhanuddin's half-brother Khuzaima Qutbuddin, who was Mazoon, serving second under Dai al Mutlaq.[6] Khuzaima has denied formation of any separate sect by publishing a public affidavit.[citation needed]

After the Syedna's death in January 2014, Mufaddal took up the office, claiming to have been appointed successor after the Dā'ī al-Mutlaq had suffered a stroke in 2011.[6][7][10] Khuzaima Qutubuddin also took office as the 53rd Dā'ī of Dawoodi Bohras with two headquarters, the primary being in Darus Sakina in Thane and the other in Saifee Mahal where Mufaddal resides.[11] Qutbuddin, claiming to have been appointed heir 50 years earlier in secrecy,[5][10][12] challenged Mufaddal's right to be Dai in court.[13]

The faction belonging to Mufaddal Saifuddin supports Mufaddal Saifuddin as the Dā'ī,[14][better source needed] whose faction have excommunicated Qutbuddin and his followers.[15] However, there is no official confirmation from Dawoodi Bohra community on the alleged ex-communication and the progressive members have called a ban on this practice citing it as illegal.[16]

Khuzaima Qutbuddin died on 30 March 2016. On 31 March 2016 the family of Khuzaima Qutbuddin released a statement that "Syedna Khuzaima Qutbuddin has conferred nass (announcement of successor) on his son Syedna Taher Fakhruddin".[17]

Background

Syedna Mohammed Burhanuddin suffered a stroke in London on 1 June 2011. Subsequently on 4 June 2011 (corresponding to 3rd Rajab 1432H) Mufaddal Saifuddin was proclaimed by his brothers as the successor in Cromwell Hospital.[18] On 5th June 2011, Syedna Mohammed Burhanuddin's eldest son, Qaid Johar Ezzuddin presided over a Majlis gathering [19] in al Masjid ul Husseini [20] in Northolt; London, where he conveyed the appointment of Mufaddal Saifuddin to the Dawoodi Bohra community. The video of this gathering was recorded and relayed in community centers worldwide.[21][22] On 17th June 2011, Syedna Mohammed Burhanuddin travelled to Mumbai in an air ambulance to attend the death anniversary of his father Syedna Taher Saifuddin.[23] A ceremony was arranged in Raudat Tahera Mumbai on 20th June 2014 (corresponding to 19th Rajab 1432H),[24] and the ceremony video was relayed to Dawoodi Bohra centers globally. Burhanuddin did not publicly declare any successor as late as 2011 and there were fights between rival factions among Burhanuddin's several brothers and sons to succeed him as head of the vast empire he controls.[25] The rift between the two claimants started to appear even before the death of Burhanuddin, with followers of Khuzaima Qutbuddin rallying support for Khuzaima.[6] and that the claimants were vying for the coveted position since decades.[26]

Syedna's Medical Condition

Syedna Mohammed Burhanuddin suffered a stroke in a London hospital on 1 June 2011. Subsequently on 4 June 2011 (corresponding to 3rd Rajab 1432H) Mufaddal Saifuddin was proclaimed by his brothers as the successor in the Hospital[27] itself while the Syedna could not speak or move. The medical review report presented by Khuzaima Qutbuddin explicitly ruled out the possibility of the Syedna having any ability to coherently speak or move[26][28][29] He and his sons based on a medical review report claims that 'the succession was not done in London Hospital' as Mohammad Burhanuddin suffered from a 'full stroke at the age of 100 that made it difficult for him to write, speak, or move'.[28][30] Regarding pronouncement of succession at London Hospital, a report [28] by Daniel Mankens,[31] chairman of Neurology Beaumont Hospital, Michigan reviews that 'It is inconceivable that someone his age and with neurological deficits would have such a profound, yet transient recovery.' Mankens further said that 'family members usually report even the slightest improvement to medical staff. It surprises me that such an event would not be documented in the medical record, much less reported to the medical staff. This expert testimony by the USA doctors was based on the information they were given about Syedna Mohammed Burhanuddin’s condition. However, these USA doctors were not Mohammed Burhanuddin’s attending physicians at any time.

On the other hand, Dr John Francis Costello;[32] Consultant in Respiratory Medicine, and Neurologist Dr Omar Malik,[33] both who had attended to Syedna Mohammed Burhanuddin at Cromwell Hospital in London have stated, in writing, that he was capable of making the declaration and of conducting a ceremony, even though his speech was slurred.[34][35] Further, Dr Costello stated that he believes the report provided by the USA doctor Dr Daniel Menkes is incorrect.[36] He confirmed that his patient Syedna Mohammed Burhanuddin indeed did communicate his wishes on a variety of issues during his admission.[37]

The Raudat Tahera Ceremony

A ceremony was arranged in Raudat Tahera Mumbai on 20th June 2014 (corresponding to 19th Rajab 1432H),[38] while the Syedna was still in full debilitating stroke coupled with mental deficits.[28] Muffadal Saifuddin's succession has not been accepted by Khuzaima Qutbuddin, the second in command to Syedna Mohammed Burhanuddin, who claimed the title of the 53rd Dā'ī l-Muṭlaq of the Dawoodi Bohras. Khuzaima Qutbuddin claims that Syedna Mohammed Burhanuddin performed nass on him 49 years ago', a ritual during which he appointed him as his successor in private.[39]

The former Chief Justice of India, AM Ahmadi, in his personal stand, also upheld the validity of Khuzaima Qutbuddin as the rightful successor.[12]

Qutbuddin's family had shared certain historical documents with me, some of which are written in Arabic, in which historical facts about the community and the events since the nass (choosing the successor) conferred by Syedna Burhanuddin on Qutbuddin in 1965 have been recorded. I examined the documents and believe that Qutbuddin's stand of the 53rd Dai is principled

— Aziz Mushabber Ahmadi, The former Chief Justice of India

Mufaddal's elder brother Qaid Johar has stated that "nass was performed on Mufaddal not once but a number of times".[40] As per court proceedings also, Qutbuddin's lawyer pointed out that Saifuddin's earlier pleading of succession was only referring the pronouncement done in year 2011 at London hospital, but after demise of late Syedna, now the case is put up in different way and now it refers that pronouncements were 'made in 1969, 1994 and 2005 and only reconfirmation was done in 2011'."[41][42]

Aside from being a theological issue of rightful succession, the conflict has been characterized as pitting two visions of modern Islam against other, including views on "the status of women [and] the use and benefit of technology and social media".[5] In this view, "Khuzaima Qutbuddin is perceived to be a moderate liberal with a focus on humanistic aspects of Islam; Mufaddal Saifuddin is seen as a right-wing radical with hardline views on gender and educational access for women".[26]

Such a situation was initiated in 1591 when the 26th Syedna – Dawood Burhanuddin – died. A spat broke out between the two claimants and a case was filed at the Royal Court of Akbar by the claimant Dawood travelling all the way to Delhi from Gujarat while Sulaiman stayed put in Gujarat.[43] The Mughal court declared that Dawood bin Qutubshah as the new Syedna but the other claimant Sulaiman bin Hasan eventually split into what is now known as Sulaymani Bohra.[44] Later a deputy leader in Yemen and Grandson of a previous Dai discovered documents showing that Sulaiman bin Hasan was the official successor with the seal of the previous Dai on the document, this was later rejected by Dawoodis claiming forgery[43]

Succession dispute

Qutbuddin's sons claim that he did not disclose his private nass because the Syedna commanded him to not do so, which is why his family was quiet when the brothers of Mufaddal Saifuddin pronounced Syedna's second son Mufaddal Saifuddin as Dā'ī when in hospital in 2011.[45] However, regarding disclosure, the former Chief Justice of India, AM Ahmadi, 'wrote to Qutbuddin's family, before the late Syedna's death', and said that they 'shared certain historical documents with him which persuaded him to support Qutbuddin's claim'.[46]

Qutbuddin and his sons dispute that the succession was not done in the London hospital as Burhanuddin suffered from a full stroke that made it difficult for him to write, speak, or move.[5][28][30] A medical opinion of three doctors from the U.S., based on a review of Burhanuddin's health, states that "it is inconceivable that someone his age and with neurological deficits would have such a profound, yet transient recovery" and that family members usually report even the slightest improvement to medical staff. The hospital records, together with this medical opinion are the bases of a lawsuit against Saifuddin, filed by Qutbuddin in the Bombay High Court.[47] Qutbuddin's sons further assert that the public succession ceremony of Saifuddin in Mumbai was staged. They claim that they uploaded a succession ceremony video which allegedly demonstrated that no formal announcement of succession had been made by the late Syedna, nor was anything conceivable uttered during the ceremony in question.[28][30]

Forced Allegiance

There are various reports that Mufaddal has taken over the administration using threat and intimidation.[48] Also the Bohras who support Khuzaima are being forced to swear allegiance to Muffadal using social boycott and threats of divorce between married couples.[48] It is alleged that Mufaddal Saifuddin and his representatives are resorting to threats and social pressure to maintain their control over the community[49]

Sakina’s husband was okay with her belief in Qutbuddin, but the local jamaat insisted that she leave her marital home. Her in-laws and husband succumbed. The second woman, a professional, had just had her nikaah solemnised; now, her in-laws have told her to choose between her belief and her husband.

— Reported threats of divorce in Punemirror

It is reported that the fight between the two factions has become so bitter that rivals are being denied access to masjids and burial sites. The family of a 97-year-old man, who was perceived to be a follower of Khuzaima, was not allowed to bury him at the Bohra cemetery at Charni Road. The man was eventually buried in Mumbra. The family said his health had deteriorated rapidly after being denied entry to the Bohra masjid at Bhendi Bazaar in August. "He died ten days after he was prevented from praying at the Bhendi Bazaar masjid," said a relative. His son is now in the process of writing to the State Human Rights Commission and the Mumbai Police Commissioner Rakesh Maria.[49]

A small but growing number of Bohras have been leaving Saifuddin’s fold to join Qutbuddin. His supporters claim that at least 500 people openly attend events at his headquarters in Thane, with many more offering support without revealing their identities.

“People are afraid to support us openly because of the overwhelming pressure being exerted over them,” said Aziz Qutbuddin. “However, we get a lot of calls from people who want to pledge their allegiance to my father but wish to remain anonymous.”

Those who openly switched loyalties claim to have faced severe social ostracism.[2]

Ceremony video

After Burhanuddin suffered a debilitating stroke in London, a ceremony was organized by Mufaddal Saifuddin and his brothers to declare himself as the Dā'ī. The entire ceremony was recorded in 2011, showing that Burhanuddin could neither speak nor move owing to his stroke and that Mufaddal was never pronounced successor in the ceremony by Burhanuddin . This video was posted by Qutbuddin on YouTube, but then removed after followers of Mufaddal claimed it infringed on their copyrights being the owner of the recorded video.[30]

Support for the claimants

Saifuddin

  • The 52nd Syedna passed away in January 2014. Mufaddal Saifuddin led the last rituals in which hundreds of thousands of Bohras joined.[50] It is reported that when he made his first public appearance on a temporary bridge connecting Saifee Masjid and Raudat Tahera mausoleum after Syedna's demise, hundreds of thousands of Dawoodi Bohras' standing gave an "indication of who they have believed to be their 53rd Dā'ī al-Muṭlaq". Indian Express further reports that "Many" Bohras have accepted Burhanuddin’s second son Syedi Mufaddal Saifuddin as Syedna".[39]
  • The Indian foreign minister, Salman Khurshid, on 28 Rabi' al-thani 1435 AH (28 February 2014 CE) arrived to offer condolences to Mufaddal Saifuddin at the late Syedna's residence Saifee Mahal, Mumbai. It is reported that he presented a letter of good wishes from Sonia Gandhi as Saifuddin left for his first trip abroad, after "accession to the.. Dā'ī office".[51]
  • Around 50,000 followers of Mufaddal Saifuddin gathered at a public ground in Mumbai to "endorse their solidarity and offer their condolences" to their "new spiritual leader". According to the official association handling the affairs of Dawoodi Bohras in Mumbai, Qutbuddin's "wrongful claim" has aggrieved community members, as they had witnessed "nass" in 2011 in Mumbai which "had [been] reaffirmed ... on many occasions".[52]
  • Followers of Mufaddal Saifuddin staged peace marches and submitted a memos protesting his half brother's claim in Bhopal, Surat, and 'in various parts of the country'.[53][54]

Qutbuddin

  • As per report, the former Chief Justice of India, AM Ahmadi also said that he "examined the documents and believe that Syedna Qutbuddin’s stand of the 53rd Dā'ī is principled" in his opinion.[46]
  • The journalist and editor Pritish Nandy described Saifuddin as a "self-declared leader" and that he asked members of the sect "to abuse his uncle who the Syedna had anointed as his spiritual heir 50 years back".[55]
  • Abdeali Qutbuddin, son of Khuzaima Qutbuddin, claimed that they have around 4.5 lakh (450,000) followers.[56]

In the community

Many in the community are confused how it was possible for the deceased Syedna to have verbally pronounced his successor in a London hospital when he had been affected by a cerebral stroke that for all practical purposes robbed him of his speech. A number of Bohras point out, under condition of complete anonymity, that the Syedna's sudden 'improvement' in health even as he was in the London ICU has never been medically explained. Besides, when the Syedna was flown from London to Mumbai to preside over the formal anointment some time later, he was unable to utter a word in front of a large assembled gathering.[26]

Several[who?] community members interviewed welcomed the move to court on this issue saying "It is sad that we have to wash dirty linen in public, but the truth about the corruption in the community needs to come out", said a Bohra from Mumbai, on the condition of anonymity.[This quote needs a citation]

A Surat-based Bohra who wished to remain anonymous because he has not overtly pledged his support for Qutbuddin also welcomed the legal development.[57] "People are secretly happy about the High Court case because it will finally expose the corrupt practices that have been carried on by the late Syedna’s sons since the time he had fallen ill", he noted [3]

The Times of India reported that "most Dawoodi Bohra back Syedna Burhanuddin's second son, Syedna Mufadda Saifuddin, and hold him as its 53rd spiritual leader".[58] There were reports that some Bohras who support Qutbuddin have been forced to swear allegiance to Saifuddin through social isolation and threats of divorce between married couples.[59]

Due to the succession controversy, the shared grandchildren of Mufaddal Saifuddin and Khuzaima Qutbuddin have been sent abroad as their mothers have backed their father Qutbuddin over their husbands' relation Saifuddin. Zara Qutbuddin, head of Qutbuddin's public relations team, said the children had been sent overseas to prevent Saifuddin's side from tracing them.[60]

The Progressive Dawoodi Bohra took a neutral stance in wake of the succession controversy, citing dubious claims of both the would-be successors and the wealth accumulated by the late Syedna's family. The Progressives' Central Board warned the claimants that they would be "consigned to the dustbins of history" if they do not adapt and act more fairly.[52][61]

Survey

An online survey among the Dawoodi Bohra community revealed that only one fifth of the Dawoodi Bohras support the succession of Mufaddal saifuddin and a little less than one fifth support the half brother Khuzaima as the rightful successor [4]. A cover story on the Bohra survey revealed that most Bohras (46%) support Khuzaima over Mufaddal and many are in the community due to fear and force [5]

Court cases

In January 2014, Qutbuddin published a public affidavit on his website declaring his position and legal status of properties, claiming to be the sole trustee of all the trusts in the Dawoodi Bohra community.[62] Qutbuddin filed petitions against Saiffudin concerning the succession controversy in Bombay High court and Gujrat High Court.

Khuzaima published a public affidavit on his website declaring his position and legal status of properties[56][63] He said,

"I am the sole Trustee of all the Wakfs/Trusts of the Dawoodi Bohra Community including the Dawat-e-Hadiyah Trust, PTR No. B-729 in Mumbai. Let it be known to all not to deal with any of the Wakfs/Trusts of the Dawoodi Bohra Community in any manner whatsoever without my permission. Anyone dealing with the same shall do so at his/her own risk."

Bombay High Court case

The late Syedna's half-brother Qutbuddin went to the High Court claiming the position of 53rd and to restrict Saifuddin from discharging the duties as the 53rd Dā'ī. The prime contention of the 700-page petition to the High Court was to have Qutbuddin, the half-brother, legally declared as the 53rd Dā'ī al-Mutlaq of the 1.2-million-strong Bohra community, while simultaneously preventing his nephew, Mufaddal Saifuddin, from acting as the Dā'ī.[30]

Several community members interviewed welcomed the court action as they looked forward to corruption in the community being exposed.[64]

Justice SJ Kathawala of the Bombay High Court recused himself from hearing the suit filed by Qutbuddin as he had appeared for the late Syedna in the past, creating a conflict of interest. This delayed the suit before being placed before another judge at the High Court.[65]

The case began with the new judge asking Qutbuddin, what requirements had to be fulfilled for "pronouncing a Syedna's successor", and "what has [Qutbuddin] done to establish his right". This followed a reply from Saifuddin's attorney and the late Syedna's eldest son Qidjohar Ezzuddin, which contested Qutbuddin's claim. .[14][41] Qutbuddin was examined in Bombay high court on 27 April 2015 and he alleged that "[s]ince 1980, defendant (Saifuddin) and his brothers Qaid Joher, Malik-ul-Ashtar, Idris, and sons of Yusuf bhaisaheb Badrul Jamali, Kausar Ali, Saeedur Khair and daughters Jawharut Sharaf and Maria started implementing a devious scheme to malign me....This was 20-25 years after the beginning of the reign of the 52nd Dai."[66] Qutbuddin described what he claimed to be two attempts on his life while he was serving as Mazoon; he named no suspects, nor dates, in court.[67]

According to Indian law, upon the death of a plaintiff a suit will not abate immediately upon death but rather after 90 days if no action is taken by the legal heirs or representatives of the plaintiff.[68] As Fakhruddin intends to continue the case, it is likely that such an application would be made and the case would not abate. Accordingly, Justice Patel also said if Fakhruddin decides that he would like to be substituted as plaintiff he will have to file a chamber summons to set aside the abatement of the suit, and that "Nobody requires an order that that the suit has abated".[69] On 4th July 2016, Taher Fakhruddin reported that he has written a letter to Mufaddal Saifuddin in which he mentions that he has filed a Chamber Summons in the Bombay High Court as the plaintiff in place of his late father Khuzaima Qutbuddin.[70]

Gujarat High Court case

Gujarat High Court issued an interim order on 16 April 2014 prohibiting Saifuddin from acting as the 53rd Dā'ī and his supporters from dealing with the trust properties. Khuzaima filed eight writ petitions before Gujarat High Court pertaining to the succession controversy.[71][72]

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  64. ^ Johari, Aarefa (2 April 2014). "As Bohra succession battle heads to court, support for challenger gathers steam". Scroll.in.
  65. ^ "Bombay high court judge recuses himself from hearing Syedna successor row". DNA. Diligent Media Corporation. 8 April 2014. Retrieved 9 April 2014.
  66. ^ "Qutbuddin tells HC that Syedna had appointed him as successor". Mid Day. 29 April 2015. Retrieved 3 May 2015.
  67. ^ "Court battle lays bare inner intrigues of Bohras' priestly family". Rediff.com. 30 April 2015. Retrieved 3 May 2015.
  68. ^ "No abetment by parties death if right to sue survive".
  69. ^ Rosy Sequeira (6 April 2016). "With death of Syedna's uncle, his succession suit abates: HC". The Times of India.
  70. ^ "Leadership tangle continues to dog Dawoodi Bohra community". New Kerala. 4 July 2016.
  71. ^ "Syedna row: 8 petitions in Gujarat HC". The Times of India. The Times Group. 17 April 2014.
  72. ^ "Gujarat HC grants injunction on Dawoodi Bohra trusts, Wakfs". Business Standard. 16 April 2014.
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