Context

Recently, Bombay High Court in its verdict dismissed a suit challenging Syedna Mufaddal Saifuddin’s position as the 53rd religious leader of Dawoodi Bohra Community.

High Court Ruling About the Leadership of Dawoodi Bohra Community

• Ruling Based on the Petition : In 2014, the 52nd al-Dai al-Mutlaq, Syedna Mohammad Burhanuddin, passed away, and his son, Mufaddal Saifuddin, succeeded him as Syedna. This was challenged by the late Syedna’s (Burhanuddin’s) half-brother, Khuzaima Qutbuddin, in the Bombay HC.
  • Judgment pronounced Based on the issue of proof and not faith : High Court Considered the Maintainability of Suit, Can the Objective of Nass be changed with time ?, On the Validity of Nass to Saifudin, Requirement of Nass, is there any  adequate evidence with claimants etc 
  • Therefore By Considering all the Fact HC observed that : Based on the  more evidence with current Dai & nass could be changed with time etc. gave its judgment. 

Dawoodi Bohra Community

• The Dawoodi Bohra are a Shia Muslims, sect of followers of Islam who adhere to the Fatimi Ismaili Tayyibi school of thought. 
  • Their faith is based on the belief in one deity; Allah Taʿala, in the Holy Quran as the word of Allah and in the sacred mission of the Prophets and their successors.
• This sect is known to have originated from Egypt later shifting to Yemen. 
• The Dawoodi Bohra Muslims settled in India in the 11th century. 
  • The seat of the sect was moved to Sidhpur (Patan district of Gujarat), India in the year 1539 from Yemen. 
  • The Bohra Muslim community considers Surat in Gujarat their base, despite their presence in Maharashtra, and Madhya Pradesh as well.
• Occupation : They have traditionally been a community of traders and entrepreneurs & qualified professionals in numerous fields.
• Presence around the World : More than 5 lakh members in India and more than 10 lakh members over the 40 countries across the world.  

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Al-Dai-Al-Mutlaq (Spiritual Head)

• Throughout the world they are guided by their spiritual leader known as the Al-Dai-Al-Mutlaq.
• The present leader is the 53rd al-Dai al-Mutlaq, ‘Dr Syedna Mufaddal Saifuddin’
• Their Principal seat in Mumbai.

How is the successor of the Dawoodi Bohra leader picked? 

Through Nass ( Conferment of Succession)

• As per faith and the Dawoodi Bohra doctrine, a successor to the Dai is appointed through “divine inspiration”. 
• The “nass”, or conferment of succession, can be conferred upon any deserving member of the community. 
  • In practice though, the nass is often conferred upon a member of the family of the current Dai.