In 2014, Khuzaima Qutbuddin filed a lawsuit challenging the authority of Syedna Mufaddal Saifuddin as the leader of the Dawoodi Bohra Community. Qutbuddin claimed that his brother, the previous Syedna Mohammed Burhanuddin, had secretly appointed him as his successor through a confidential “nass” (conferment of succession). The lawsuit sought to prevent Saifuddin from carrying out his responsibilities as Syedna.
After Qutbuddin’s demise in 2016, his son Taher Fakhruddin took over the legal proceedings. Fakhruddin also claimed that his father had appointed him to the position before passing away. In 2023, the Bombay High Court dismissed the lawsuit, stating that the court’s decision was based on evidence and not on matters of faith. Justice Gautam Patel, presiding over the case, emphasized that the “nass” of 1965 lacked witnesses and could not be accepted.
The court also acknowledged that, according to Dawoodi Bohra faith and doctrine, a successor is appointed through “divine inspiration”. A “nass” can be conferred upon any deserving member of the community and not necessarily a family member of the current Dai. However, the court found no evidence to support Qutbuddin and Fakhruddin’s claims.
The Dawoodi Bohras are a religious denomination within Shia Islam with over 5 lakh members in India and over 10 lakh worldwide. The community’s top religious leader is known as the Dai-al-Mutlaq (most senior). The court’s decision brings closure to a legal dispute that has been ongoing for nearly a decade.
