53rd Syedna succession controversy (Dawoodi Bohra)

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:[1] his son, Mufaddal Saifuddin, and his half-brother, Khuzaima Qutbuddin, who was previously mazoon (Associate, next to the Dā'ī) of the Dawoodi Bohra.[2] 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.[3] The Dawoodi Bohra community was reported about the succession by Mufaddal's brothers,[4][5] a group formed in 2013 in support of Burhanuddin's half-brother Khuzaima Qutbuddin, who was Mazoon, serving second under Dai al Mutlaq.[2] Khuzaima has denied formation of any separate sect by publishing a public affidavit.

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.[2][3][6] 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.[7] Qutbuddin, claiming to have been appointed heir 50 years earlier in secrecy,[1][6][8] challenged Mufaddal's right to be Dai in court.[9]

The faction belonging to Mufaddal Saifuddin supports Mufaddal Saifuddin as the Dā'ī,[10] whose faction have excommunicated Qutbuddin and his followers.[11] 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.[12]

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".[13]

Background

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.[14] The rift between the two claimants started to appear even before the death of Burhanuddin, with followers of Khuzaima Qutbuddin rallying support for Khuzaima.[2] and that the claimants were vying for the coveted position since decades.[15] 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 as the successor in the Hospital itself while the Syedna could not speak or move. A ceremony was arranged in Mumbai, weeks after while the Syedna was still in full debilitating stroke coupled with mental deficits.[16] The medical review report explicitly ruled out the possibility of the Syedna having any ability to coherently speak or move[16][17][18] 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.[19] 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'.[1][16][20] Regarding pronouncement of succession at London Hospital, a report [16] 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.[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".[21] 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'."[22][23] 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".[1] 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".[15]

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.[24] 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.[25] 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[24]

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.[26] 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'.[27]

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.[1][16][20] 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.[28] 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.[16][20]

Forced Allegiance

There are various reports that Mufaddal has taken over the administration using threat and intimidation.[29] Also the Bohras who support Khuzaima are being forced to swear allegiance to Muffadal using social boycott and threats of divorce between married couples.[29] It is alleged that Mufaddal Saifuddin and his representatives are resorting to threats and social pressure to maintain their control over the community[30]

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.[30]

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.

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.[20]

Support for the claimants

Saifuddin

Qutbuddin

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.[15]

Several 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. A Surat-based Bohra who wished to remain anonymous because he has not overtly pledged his support for Qutbuddin also welcomed the legal development. “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

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".[39] 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.[40]

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.[41]

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.[34][42]

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 . 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

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.[43] 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[38][44] 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.[20]

Several community members interviewed welcomed the court action as they looked forward to corruption in the community being exposed.[45]

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.[46]

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. .[22][22][47] 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."[48] 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.[49]

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.[50] 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".[51]

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.[52][53]

References

  1. 1 2 3 4 5 Mawani, Rizwan (30 January 2014). "The Intricacies of Succession: Two Claimants Emerge for Dawoodi Bohra Leadership". Huffington Post. Retrieved 11 February 2014.
  2. 1 2 3 4 "Talk of rift among Bohras over Syedna’s successor". Hindustan Times. 15 April 2013.
  3. 1 2 "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'
  5. ↑ "Dawoodi Bohras welcome nomination of successor". Hindustan Times. Mumbai: HT Media. 7 June 2011.
  6. 1 2 "Bohras protest Syedna's half-brother 's claim". Retrieved 26 March 2014.
  7. ↑ "Commencement of Legal Action by His Holiness Syedna Khuzaima Qutbuddin TUS, being the 53rd Dai al-Mutlaq and Head of the Dawoodi Bohra Community Against The False Claimant Shehzada Mufaddal Saifuddin: For Truth, Justice and Future of the Dawoodi Bohra Community" (PDF). Retrieved 3 December 2014.
  8. ↑ "Talk of rift among Bohras over Syedna’s successor". Retrieved 26 March 2014.
  9. ↑ http://www.dnaindia.com/mumbai/report-claimant-to-syedna-seat-declares-official-challenge-1968682, 'but this has been challenged by Khuzaima'
  10. ↑ "How is Syedna chosen? HC wants to know". The Indian Express. April 30, 2014.
  11. ↑ "Bohras make anti-Syedna faction’s ex-communication official, stick by Mufaddal Saifuddin". Daily News and Analysis. 31 January 2014. Retrieved 30 June 2014.
  12. ↑ http://www.dnaindia.com/mumbai/report-social-boycott-of-khuzaima-qutbuddin-oppressive-say-progressive-bohras-seeking-its-complete-ban-1955460
  13. ↑ http://www.asianage.com/mumbai/syedna-s-death-won-t-affect-succession-row-high-court-717
  14. ↑ "Bohra dissenters challenge oppressive priesthood". Rediff. 4 March 2011.
  15. 1 2 3 "A perilous transition". Mumbai Mirror. 2014-01-24. Retrieved 2014-04-04.
  16. 1 2 3 4 5 6 "Late Syedna 'too ill to have spoken coherently'". Mumbai Mirror. The Times Group. 2014-04-03. Retrieved 2014-04-04.
  17. ↑ "Successor to Syedna Mohammed Burhanuddin named". dna.
  18. ↑ "A perilous transition". Mumbai Mirror. 2014-01-24. Retrieved 2014-04-04.
  19. ↑ "Who is new Syedna? Trouble brews as half-brother stakes claim". The Indian Express. 6 February 2014. Retrieved 11 February 2014.
  20. 1 2 3 4 5 "Dawoodi Bohra succession battle takes legal turn". Mumbai Mirror. The Times Group. 2014-04-02. Retrieved 2014-04-04.
  21. ↑ http://www.one.in/dnaindia-mumbai/bohras-make-anti-syedna-faction%E2%80%99s-ex-communication-official-stick-by-mufaddal-saifuddin-1153595.html, dnaindia-mumbai, bohras-make-anti-syedna-faction-ex-communication-official-stick-by-mufaddal-saifuddin, 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."
  22. 1 2 3 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.
  23. ↑ "How is Syedna chosen? HC wants to know". The Indian Express. Mumbai. 30 April 2014.
  24. 1 2 Jonah Blank. "Mullahs on the Mainframe: Islam and Modernity Among the Daudi Bohras". pp. 41–42. Retrieved 19 February 2015.
  25. ↑ "Unique case: From Akbar’s court in 1591 to Bombay HC". Retrieved 19 February 2015.
  26. ↑ "Qutbuddin was being true to his word: sons". Mumbai Mirror. The Times Group. 2014-03-12. Retrieved 2014-04-02.
  27. 1 2 Variyar, Mugdha (2014-01-31). "Dawoodi Bohra succession issue: former chief justice pledges allegiance to Syedna's uncle - Hindustan Times". Hindustan Times. Mumbai: HT Media. Retrieved 2014-04-02.
  28. ↑ Deshpande, Vinaya (16 April 2014). "Succession battle rages in Dawoodi Bohra community". The Hindu.
  29. 1 2 http://www.mumbaimirror.com/mumbai/others/Bohras-who-refuse-to-denounce-Qutbuddin-face-boycott-threats/articleshow/30661224.cms,http://timesofindia.indiatimes.com/city/mumbai/Breakaway-Dawoodi-Bohra-faction-alleges-harassment/articleshow/29874753.cms?referral=PM
  30. 1 2 Shelar, Jyoti (26 December 2014). "Battle for Bohra spiritual head’s seat splits families". Mumbai Mirror. Retrieved 6 January 2015.
  31. ↑ Pinglay-Plumber, Prachi (2014-01-18). "The Last Glimpse". Outlook. Retrieved 2014-03-01.
  32. ↑ "Who is new Syedna? Trouble brews as half-brother stakes claim". The Indian Express. 6 February 2014. Retrieved 11 February 2014.
  33. ↑ "Union Foreign Minister Salman Khurshid". Afternoon Despatch & Courier. Mumbai. 28 February 2014.
  34. 1 2 Vargese, Philip (31 January 2014). "50k Dawoodi Bohras gather at Azad Maidan". Afternoon Despatch & Courier. Mumbai. Retrieved 28 February 2014.
  35. ↑ "Bohras protest Syedna's half-brother's claim". The Times of India. The Times Group. 26 January 2014.
  36. ↑ "Dawoodi Bohras expresssolidarity with Dai-al-Mutlaq". The Times of India. The Times Group. 28 January 2014.
  37. ↑ Nandy, Pritish (25 February 2014). "The Mad Hatter's ball begins...". Bangalore Mirror. The Times Group.
  38. 1 2 Sadhwani, Yogesh (2014-01-25). "Son's loyalists knock doors at night for support". Mumbai Mirror. Retrieved 2014-03-12.
  39. ↑ Wajihuddin, Mohammed (12 March 2014). "'The late Syedna wanted his half-brother to succeed him'". The Times of India. Mumbai: The Times Group.
  40. ↑ Punwani, Jyoti (2014-02-19). "Bohras who refuse to denounce Qutbuddin face boycott, threats". Mumbai Mirror. The Times Group. Retrieved 2014-04-04.
  41. ↑ Sadhwani, Yogesh; Indorewala, Sharmeen Hakim (12 March 2014). "Dawoodi Bohra factions now fight over custody of 9 kids". Mumbai Mirror. The Times Group.
  42. ↑ The Central Board of Dawoodi Bohra Community (March 2014). "Succession controversy of Sayedna" (PDF). Azad. Dawoodi Bohra Welfare Society. p. 7. Retrieved 11 April 2014.
  43. ↑ Khuzaima Qutbuddin (17 January 2014). "PUBLIC NOTICE: 17th January 2014". Fatemi Dawat.
  44. ↑ DNA Correspondent (2014-01-21). "Succession war breaks out in Syedna Mohammed Burhanuddin's family | Latest News & Updates at Daily News & Analysis". Dnaindia.com. Retrieved 2014-03-23.
  45. ↑ Johari, Aarefa (2 April 2014). "As Bohra succession battle heads to court, support for challenger gathers steam". Scroll.in.
  46. ↑ "Bombay high court judge recuses himself from hearing Syedna successor row". DNA. Diligent Media Corporation. 2014-04-08. Retrieved 2014-04-09.
  47. ↑ "How is Syedna chosen? HC wants to know". The Indian Express. April 30, 2014.
  48. ↑ "Qutbuddin tells HC that Syedna had appointed him as successor". Mid Day. 29 April 2015. Retrieved 3 May 2015.
  49. ↑ "Court battle lays bare inner intrigues of Bohras' priestly family". Rediff.com. 30 April 2015. Retrieved 3 May 2015.
  50. ↑ http://www.legalservicesindia.com/article/article/no-abetment-by-parties-death-if-right-to-sue-survive-498-1.html
  51. ↑ http://timesofindia.indiatimes.com/city/mumbai/With-death-of-Syednas-uncle-his-succession-suit-abates-HC/articleshow/51717768.cms
  52. ↑ "Syedna row: 8 petitions in Gujarat HC". The Times of India. The Times Group. 17 April 2014.
  53. ↑ "Gujarat HC grants injunction on Dawoodi Bohra trusts, Wakfs". Business Standard. 16 April 2014.
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