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Succession to the 52nd Dai al-Mutlaq

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The 2014 death of Syedna Mohammed Burhanuddin, 52nd Dā'ī al-Mutlaq of the Dawoodi Bohra sect within Shia Islam, sparked a succession crisis where two rival claimants emerged for the title of 53rd Dā'ī al-Mutlaq: his son, Mufaddal Saifuddin, and his half-brother, Khuzaima Qutbuddin, who was previously mazoon (Associate, next to the Dā'ī) of the Dawoodi Bohra.

After Burhanuddin suffered a stroke in June 2011 in London, a ceremony conducted to declare Mufaddal Saifuddin his successor while the Syedna was under recovery, and not in position to speak clearly nor move on his own. Although the Dawoodi Bohra community was reported to have welcomed their community leader's choice of successor, there was some support for Khuzaima Qutbuddin.

After the Syedna's death in January 2014, Mufaddal took up the office; supposedly having been appointed successor after the Dā'ī al-Mutlaq had suffered a stroke in 2011.

Qutbuddin, claiming to have been appointed heir 50 years earlier in secrecy, challenged Mufaddal's right to be Dai in court.

The majority of Dawoodi Bohras supports Mufaddal Saifuddin, whose faction have excommunicated Qutbuddin and his followers.

Background

The rift between the two claimants started to appear even before the death of Burhanuddin. The half-brothers Burhanuddin and Qutbuddin had been unable "to see eye to eye across the decades". Syedna Mohammed Burhanuddin suffered a stroke in a London hospital on 1 June 2011. Subsequently on 4 June 2011 Mufaddal Saifuddin was proclaimed by his brothers Burhanuddin as the successor in the Hospital itself. A ceremony was arranged in Mumbai, weeks after while the Syedna was still recovering. The Syedna had supposedly recovered in London, a way that 'has never been medically explained.' However, 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'. 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'. Regarding pronouncement of succession at London Hospital, a report by Daniel Mankens, 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.' The former Chief Justice of India, AM Ahmadi, in his personal stand, also upheld the validity of Khuzaima Qutbuddin as the rightful successor.

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

— 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". Welcoming the crowd, Qaidjoher (First son of late Syedna) said: "...People have tried to break our unity but we should stand united for each other." He added, ...Nass was performed on Mufaddal not once but a number of times." 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'." The 1969 pronouncement was backed up by a diary entry, and reproduced on the pro-Mufaddal Saifuddin website munimeen.org. It was supposed to be written by Shaikh Ibrahim al-Yamani, who had attended along with two other witnesses, and signed by Burhunaddin. Some is quoted below:

Date: 11th, Tuesday eve in the month of Zilqadatil Haraam 1388AH.

...Mohammed Burhanuddin, at 1 am, called this humble servant Ibrahim al-Yamani, Al-Shaikh Abdulhusain al-Shaikh Ghulamali Tambawala and Abdulhusain al-Shaikh Ibrahim into his private chamber...

Disclosing in confidence

...

I am the 52nd Dai.

...

I am giving consideration to the investiture of the mansoos . This night I am conferring nass upon my ... son ... Mufaddal bhai Saifuddin. ...

This matter shall remain secret until it is revealed at its appointed time (:Ibrahim al-Yamani).

...Mohammad Burhanuddin.

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 the use and benefit of technology and social media". 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".

Succession dispute

Qutbuddin's sons claim that he did not disclose his private nass because he promised the Syedna to not do so, which is why his family was quiet when the Syedna pronounced his second son Mufaddal Saifuddin as Dā'ī when in hospital in 2011. 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'.

Qutbuddin and his sons dispute that the succession was done in the London hospital as Burhanuddin suffered from a full stroke that made it difficult for him to write, speak, or move. 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.

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.

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.

Forced Allegiance

There are various reports that Mufaddal has taken over the administration using threat and intimidation. Also the Bohras who support Khuzaima are being forced to swear allegiance to Muffadal using social boycott and threats of divorce between married couples.

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


Ceremony video

A video made 2011, purportedly showing that Mufaddal was never pronounced successor, was posted by Qutbuddin to YouTube, but then removed after followers of Mufaddal claimed it infringed on their copyrights.

Support for the claimants

Saifuddin

  • In January 2014, the 52nd Syedna passed away. Mufaddal Saifuddin led the last rituals in which hundreds of thousands of Bohras joined. 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".
  • 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".

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.
  • 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".

In the community

Dawoodi Bohra

  • 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".
  • 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 reaffirmed ... on many occasions".
  • 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'.


Qutbi Bohra

  • A group calling themselves Qutbi Bohra formed in 2013 in support of Khuzaima Qutbuddin. Khuzaima has denied formation of any separate sect by publishing a public affidavit.
  • On February 4, 2014, some Bohras alleged harassment and submitted written complaints to the Thane police station, Mumbai, alleging threats by followers of Mufaddal Saifuddin, while they were to attend Qutbuddin's misaaq to swear an oath of allegiance to Khuzaima Qutbuddin. The number of attendees at the ceremony was estimated at between 80 and 200.

Progressive Dawoodi Bohra

  • 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.

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. Qutbuddin filed petitions against Saiffudin concerning the succession controversy in Bombay High court and Gujrat High Court.

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.

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

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.

The case began with the new judge asking Qutbuddin, what requirements had to be fulfilled for "pronouncing a Syedna's successor", and "what has done to establish his right". This followed a reply from Saifuddin's attorney and the late Syedna's eldest son, which contested Qutbuddin's claim. The attorney claimed that there was "overwhelming evidence" that Saifuddin was meant to be the successor and called Qutbuddin "a self-proclaimed pretender" who had no reliable evidence. Qutbuddin's senior advocate sought time for a rejoinder, saying that Saifuddin's pleading from 2011 onwards "shows the source is the hospital bed", whereas "after the 52nd Dai's death, now the case is different". That his pronouncement was made "in 1969, 1994 and 2005" and "reconfirmation was done in 2011".

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. However on 22 April, this interim relief was rescinded by the court and the stay order was removed.

Notes

  1. The recipient of nass.
  2. 'Nass diary entry 1388AH by Miyasaheb Shaikh Ibrahim al-Yamani'
  3. 'The final line and his own name are written by Syedna Mohammed Burhanuddin (ra) himself, and he also added “Abdulqadir” to the name of the 3rd witness' .

References

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  2. ^ "Talk of rift among Bohras over Syedna's successor". Hindustan Times. 15 April 2013.
  3. ^ "Claimant to Syedna seat declares official challenge". Daily News and Analysis. 12 March 2014.
  4. http://gulfnews.com/news/world/india/profile-of-syedna-mufaddal-saifuddin-1.1279387, 'With prayers and quiet celebrations at home, the Dawoodi Bohra community had welcomed their community leader’s choice of Mufaddal Saifuddin as his successor'
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  17. http://www.one.in/dnaindia-mumbai/bohras-make-anti-syedna-faction%E2%80%99s-ex-communication-official-stick-by-mufaddal-saifuddin-1153595.html
  18. ^ Sequeira, Rosy (29 April 2014). "Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna's uncle". The Times of India. Mumbai: The Times Group. Cite error: The named reference "Sequeira" was defined multiple times with different content (see the help page).
  19. "How is Syedna chosen? HC wants to know". The Indian Express. Mumbai. 30 April 2014.
  20. ^ al-Yamani, Ibrahim (1969). "Syedna Mohammed Burhanuddin (ra) Nass diary entry 1388AH by Miyasaheb Shaikh Ibrahim al-Yamani; a rendering in English". mumineen.org.
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