Dawoodi Bohra Succession Plea: Bombay High Court Rules in Favour of Syedna Mufaddal Saifuddin

Today, after a lengthy legal battle lasting over a decade, the Bombay High Court delivered its long-awaited verdict in the significant Syedna succession case of the Dawoodi Bohra community. The court ruled in favor of Syedna Mufaddal Saifuddin, affirming his position as the 53rd Spiritual Head of the Dawoodi Bohra Community, dismissing the claim made by his nephew Taher Fakhruddin. The case revolved around the succession to the late 52nd Syedna Mohammed Burhanuddin, with disputes arising between his son Mufaddal Saifuddin and Khuzaima Qutbuddin, Burhanuddin's half-brother. The trial concluded in April 2023, and the order was reserved. Today, Court led by Justice GS Patel upheld Syedna Mufaddal Saifuddin's position as “Dai-al-Mutlaq” or the religious leader of the Dawoodi Bohra community, dismissing his Taher Fakhruddin's claim. Syedna Mufaddal Saifuddin is son of the 52nd Dai-al-Mutlaq Syedna Mohammed Burhanuddin. 

The case was filed after the death of 52nd Syedna Mohammed Burhanuddin, claiming his succession. The final hearing began in November 2022 and concluded in April 2023. The legal battle was over succession between his son Mufaddal Saifuddin and  Khuzaima Qutbuddin, Syedna Burhanuddin's half-brother. Khuzaima Qutbuddin challenged Saifuddin's succession on the grounds that Syedna Burhanuddin had secretly conferred 'nass,' the official declaration of succession, upon him in 1965.  He also claimed of Burhanuddin publicly appointing him as the mazoon (second in command) and privately anointed him as his successor prior to the mazoon announcement on December 10, 1965. After the death of  Qutbuddin in 2016, his son Taher Fakhruddin continue the legal battle and seeking recognition as the 54th Dai.Central to the case was the concept of 'nass,' the official declaration of succession.

The important element of case was ‘nass’. The requirements of a valid 'nass', whether a valid 'nass' was conferred on original petitioner Qutbuddin and subsequently his son Fakhruddin, whether a 'nass' can be revoked or changed, and whether a valid 'nass' was conferred on defendant Saifuddin. Petitioner’s lawyer Advocate Anand Desai for Fakhruddin said that 'nass' once conferred is permanent and cannot be changed. Whereas defence lawyer Senior Advocate Janak Dwarkadas pointed out that 'nass' could be changed, and only the last 'nass' would be valid which was conferred on Saifuddin. The defence side claimed Dai Burhanuddin had conferred 'nass' on his son Saifuddin in the presence of witnesses on June 4, 2011 and publicly reaffirmed as successor-designate on June 20, 2011.