View source for Succession to the 52nd Dai al-Mutlaq

{{Short description|Leadership dispute in the Dawoodi Bohras}}
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{{Multiple issues|collapsed=January 2022|
{{overly detailed|date=July 2016}}
{{MOS|date=July 2016}}
{{Primary sources|date=August 2024}}
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{{Use Indian English|date=May 2014}}
{{Use dmy dates|date=December 2019}}
The 52nd [[Da'i al-Mutlaq]] of the [[Dawoodi Bohras]], [[Mohammed Burhanuddin]] died in January 2014.<ref>{{Cite web|url=http://tribune.com.pk/story/660017/leader-of-bohra-community-dr-syedna-mohammed-burhanuddin-dead-at-102/|title=Leader of Bohra community Dr Syedna Mohammed Burhanuddin dead at 102|website= The Express Tribune|date=17 January 2014}}</ref> As per the tenets of the sect<ref>{{cite book |last= Blank |first= Jonah |date= 2001 |title=  Mullahs on the Mainframe : Islam and Modernity Among the Daudi Bohras |publisher= University of Chicago Press; 1 edition (15 April 2001) |page= 135 & 165 |isbn= 978-0-226-05676-0}}</ref> each predecessor is required to nominate his successor prior to his death.<ref>{{cite book |last= Daftary |first= Farhad |date= 2007 |title=  The Isma'ilis: Their History and Doctrines |publisher= Cambridge University Press |page= 275 |isbn= 978-1-139-46578-6}}</ref><ref>{{cite book |last= Daftary |first= Farhad |date= 2011 |title= A Modern History of the Ismailis: Continuity and Change in a Muslim Community |publisher= I. B. Tauris |page= 333 |isbn= 978-1-84511-717-7}}</ref> Following Burhanuddin's death, Syedna [[Mufaddal Saifuddin]] took up the office of [[Da'i al-Mutlaq]], as per the appointment by Mohammed Burhanuddin.<ref>{{cite web |date=17 January 2014 |title=Mumbai mourns Syedna Mohammed Burhanuddin's demise |url=http://www.firstpost.com/india/mumbai-mourns-syedna-mohammed-burhanuddins-demise-1346039.html |work=First Post}}</ref><ref>{{cite web |title=Live : Dr Syedna Mohammed Burhanuddin's final journey |url=https://www.youtube.com/watch?v=obotsYGvlIw |work=News Express| date=18 January 2014 }}</ref> [[Khuzaima Qutbuddin|Khuzaima Qutubuddin]] claiming to have been appointed heir 50 years earlier in secrecy,<ref name="Huff Post">{{cite news |last=Mawani |first=Rizwan |date=30 January 2014 |title=The Intricacies of Succession: Two Claimants Emerge for Dawoodi Bohra Leadership |url=http://www.huffingtonpost.com/rizwan-mawani/the-intricacies-of-succes_b_4687546.html |archive-url=https://web.archive.org/web/20180927154410/http://www.huffingtonpost.com/rizwan-mawani/the-intricacies-of-succes_b_4687546.html |archive-date=27 September 2018 |access-date=11 February 2014 |work=[[The Huffington Post]]}}</ref><ref name="hindustantimes.com">{{cite web |title=Talk of rift among Bohras over Syedna's successor |url=http://www.hindustantimes.com/india-news/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/article1-1044475.aspx |url-status=dead |archive-url=https://web.archive.org/web/20140326095043/http://www.hindustantimes.com/india-news/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/article1-1044475.aspx |archive-date=26 March 2014 |access-date=26 March 2014}}</ref> challenged Mufaddal's right to be Dai in the [[Bombay High Court]].
In 2024, the [[Bombay High Court]] ruled in favour of Syedna Mufaddal Saifuddin as Dawoodi Bohra community leader <ref>{{Cite web |date=2024-04-23 |title=Bombay High Court rules in favour of Dawoodi Bohra community leader Syedna Muffadal Saifuddin in succession suit |url=https://indianexpress.com/article/cities/mumbai/bombay-high-court-dawoodi-bohra-community-leader-syedna-muffadal-saifuddin-succession-suit-9285812/ |access-date=2024-07-28 |website=The Indian Express |language=en}}</ref> and dismissed the suit<ref>{{Cite news |date=2024-04-23 |title=Dawoodi Bohra succession row: Bombay HC dismisses suit against appointment of Syedna Mufaddal Saifuddin |url=https://timesofindia.indiatimes.com/city/mumbai/dawoodi-bohra-succession-row-bombay-hc-dismisses-suit-against-appointment-of-syedna-mufaddal-saifuddin/articleshow/109525251.cms |access-date=2024-07-28 |work=The Times of India |issn=0971-8257}}</ref> as the plaintiffs failed to provide evidence of their own claims.<ref>{{Cite web |last=Joshi |first=Neha |date=2024-04-23 |title=Bombay High Court rules Mufaddal Saifuddin is rightful leader of Dawoodi Bohra community |url=https://www.barandbench.com/news/bombay-high-court-rules-mufaddal-saifuddin-rightful-leader-dawoodi-bohra-community |access-date=2024-07-28 |website=Bar and Bench - Indian Legal news |language=en}}</ref>
Prior to the judgment, Mufaddal Saifuddin was largely accepted as the Bohras' leader<ref>{{Cite web|url=https://ismailignosis.com/2014/07/05/what-is-shia-islam-a-visual-chart-of-different-shia-communities/|title=What is Shia Islam? A Visual Chart of Different Shia Communities|last=Gnostic|first=Ismaili|date=5 July 2014|website=Ismaili Gnosis|access-date=15 June 2016}}</ref> by government and other public bodies.<ref name="m500">{{Cite book |url=https://www.themuslim500.com/wp-content/uploads/2019/10/TheMuslim500-2020-low.pdf|title=The Muslim 500: The World's 500 Most Influential Muslims |website=themuslim500.com |access-date=12 Jun 2020 |archive-url=https://web.archive.org/web/20200612095355/https://www.themuslim500.com/wp-content/uploads/2019/10/TheMuslim500-2020-low.pdf |archive-date=12 June 2020 |publisher=[[The Royal Islamic Strategic Studies Centre]] |editor1-link=Abdallah Schleifer |editor1-last=Schleifer |editor1-first=S Abdallah |isbn=9789957635459 |location=[[Jordan]] |year=2019}}</ref> The [[UK Charity Commission]] has stated in writing, that "our view is that His Holiness Syedna Mufaddal Saifuddin is the current incumbent of the office of Dai al-Mutlaq."<ref name=":34">{{cite news|title=UK Charity Commission's View regarding The Dawat-e-Hadiyah Trust|last1=Waring|first1=Kate|date=15 August 2014|publisher=Herbert Smith Freehills Solicitors and Nabarro Solicitors (Charity Commission)}}</ref>
== Overview ==
Prior to 2014, [[Mohammed Burhanuddin]] suffered a stroke in a [[London]] on 1 June 2011<ref>{{cite web|url=http://timesofindia.indiatimes.com/city/mumbai/Syedna-suffers-stroke-names-son-successor/articleshow/8754141.cms|title=Syedna suffers stroke, names son successor|website=[[The Times of India]]|date=7 June 2011}}</ref> and on 4 June 2011, [[Mufaddal Saifuddin]] was named his successor.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Syedna-suffers-stroke-names-son-successor/articleshow/8754141.cms|title=Syedna suffers stroke, names son successor – Times of India|website=[[The Times of India]]|date=7 June 2011 |access-date=13 July 2016}}</ref> Following this, Mufaddal Saifuddin assumed this role as the successor and his appointment was welcomed by the Dawoodi Bohra community.<ref name=":11">{{Cite web|url=http://www.hindustantimes.com/mumbai/dawoodi-bohras-welcome-nomination-of-successor/story-iUt3hoylSKVRYz1oJgtJVP.html|title=Dawoodi Bohras welcome nomination of successor|date=7 June 2011|access-date=13 July 2016}}</ref> In the [[Dawoodi Bohra]] [[Mithaq]] (oath of allegiance), Mufaddal Saifuddin's name was taken alongside [[Mohammed Burhanuddin]]'s.<ref name=":02" /> Together,<ref name=":2">{{Cite web|url=http://www.dnaindia.com/india/report-surat-to-host-dr-syedna-saheb-s-101st-birthday-1661054|title=Surat to host Dr Syedna Saheb's 101st birthday {{!}} Latest News & Updates at Daily News & Analysis|date=11 March 2012|language=en-US|access-date=13 July 2016}}</ref><ref name=":322">{{Cite web|url=http://udaipurtimes.com/bohras-celebrated-101-birthday-of-syedna/|title=Bohras Celebrated 101 Birthday of Syedna|date=14 March 2012|language=en-US|access-date=13 July 2016}}</ref> Burhanuddin and Mufaddal Saifuddin traveled the globe<ref name=":4">{{Cite web|url=http://www.khaleejtimes.com/article/20121014/ARTICLE/310149904/1002|title=Bohra leader in Dubai on way to Madinah – Khaleej Times|author=Staff Reporter|website=www.khaleejtimes.com|access-date=13 July 2016}}</ref><ref name=":5">{{Cite web|url=http://www.ft.lk/article/110297/Successor-to-Bohra-Leader-arrives-in-Sri-Lanka|title=Successor to Bohra Leader arrives in Sri Lanka|access-date=13 July 2016}}</ref> looking after the affairs<ref name=":62">{{Cite web|url=http://udaipurtimes.com/syedi-mufaddal-bhaisaheb-addresses-chehlum-waaz/|title=Syedi Mufaddal Bhaisaheb addresses Chehlum Waaz|date=23 December 2013|language=en-US|access-date=13 July 2016}}</ref> of the community<ref name=":7">{{Cite web|url=http://www.khaleejtimes.com/article/20130711/ARTICLE/307119846/1002|title=Bohra leader welcomed |website=www.khaleejtimes.com|access-date=13 July 2016}}</ref><ref name=":82">{{Cite web|url=http://udaipurtimes.com/dawoodi-bohra-priest-arrives-in-udaipur/|title=Dawoodi Bohra Priest arrives in Udaipur|date=22 December 2013|language=en-US|access-date=13 July 2016}}</ref> up until 2014.
== Claims ==
=== Mufaddal Saifuddin's Position ===
Mufaddal Saifuddin's position is that he has been appointed a number of times in presence of multiple witnesses.<ref name="His Holiness 615">{{cite book |first= Syedna Aali Qadr Mufaddal Saifuddin |last=Saheb |date= 1436H |title=  رسالة اننعي المسماة – حكمة الغيبة القدسانية الابدية |publisher= His Holiness Syedna Aali Qadr Mufaddal Saifuddin Saheb, Badri Mahal, Mumbai, India |page= 615 }}</ref> These instances are:
* On 27 January 1969 (corresponding to the night of 11th Zil Qa'dah 1388 H) – in the presence of Sh Ibrahim Yamani, Sh Abdulhusain Tambawala & Sh Abdulhusein Sh Ibrahim Abdul Qadir, in [[Mumbai]].<ref name="His Holiness 615" /><ref name="mumbaimirror.com">{{Cite web|url=http://www.mumbaimirror.com/mumbai/others/Late-Syednas-son-banishes-uncle-sets-stage-for-brother/articleshow/29622505.cms?prtpage=1|title=Late Syedna's son banishes uncle, sets stage for brother – Mumbai Mirror -|access-date=19 July 2016}}</ref> This appointment is noted in a diary entry that was shown to the public on 4 February 2014 (4 Rabi al Akhar 1435H) by Mufaddal Saifuddin.<ref>{{cite web|url=https://believesyednaqutbuddin.com/2014/02/10/reason-52-the-nass-mubarak-of-syedna-mohammed-burhanuddin-al-hayy-al-muqaddas-ra/|title=THE NASS MUBARAK OF SYEDNA MOHAMMED BURHANUDDIN AL-HAYY AL-MUQADDAS RA|date=10 February 2014}}</ref>
* On 24 October 1994 (corresponding to 20 Jumada al Ula 1415H) in the presence of Sh Abdulhusain Yamani, in [[Karachi]].<ref name="His Holiness 615" />
* In October/November 2005, during the month of Ramadan 1426H, in the presence of Mohammed Burhanuddin's eldest son [[Qaidjoher Ezzuddin]] and Malek al Ashtar Shujauddin, in Bonham House, [[London]].<ref name="His Holiness 615" />
* On 4 June 2011 (corresponding to 3 Rajab al-Asab 1432H) in [[Cromwell Hospital]], London, in the presence of 6 witnesses.<ref name="His Holiness 615" /><ref>{{cite web|url=http://timesofindia.indiatimes.com/city/mumbai/Syedna-suffers-stroke-names-son-successor/articleshow/8754141.cms|title=Syedna suffers stroke, names son successor |website=[[The Times of India]] |date= 7 June 2011 }}</ref><ref name=":0" /><ref>{{Cite news|title=Spiritual head of Dawoodi Bohras names second eldest son as heir |last1=Kamaal |first1=Saiyed |url=http://archive.indianexpress.com/news/spiritual-head-of-dawoodi-bohras-names-second-eldest-son-as-heir/800295/ |date=7 June 2011 |location=Surat |website=archive.indianexpress.com |archive-url=https://web.archive.org/web/20200618201629/http://archive.indianexpress.com/news/spiritual-head-of-dawoodi-bohras-names-second-eldest-son-as-heir/800295/ |archive-date=18 June 2020 |access-date=18 June 2020 |quote=The announcement took many by surprise. Dr Burhanuddin called prominent members of his community and his relatives including Muffadal and his elder brother Qaid Zohar to the London hospital and is reported to have told them that Muffadal would be his successor.}}</ref>
* On 20 June 2011 (corresponding to 19th Rajab 1432H) in [[Raudat Tahera]], Mumbai in the presence of thousands of community members. This video was live broadcast worldwide to the entire Dawoodi Bohra community.<ref name="auto">{{Cite web|url=https://www.youtube.com/watch?v=Ge9wG2Irv-Q|title=Nass – Raudat Tahera – 19th Rajab 1432 (Part 1)|website=[[YouTube]]|date=7 April 2014 }}</ref>
For three years from 2011 to 2014 Mufaddal Saifuddin assumed the role of Burhanuddin's successor. In the Dawoodi Bohra Mithaq (oath of allegiance), Mufaddal Saifuddin's name was taken alongside Mohammed Burhanuddin's as the successor.<ref name=":02" /> Together,<ref name=":2" /><ref name=":322"/> Mohammed Burhanuddin and Mufaddal Saifuddin traveled the globe<ref name=":4" /><ref name=":5" /> looking after the affairs<ref name=":62"/> of the community<ref name=":7" /><ref name=":82"/> up until Mohammed Burhanuddin's death in 2014. Henceforth, he assumed the role of the 53rd Da'i al-Mutlaq.<ref>{{Cite web|url=http://www.samaa.tv/pakistan/2014/01/syedi-mufaddal-bhaisaheb-saifuddin-becomes-spiritual-leader-of-bohra-community/|title=Syedi Mufaddal Bhaisaheb Saifuddin becomes spiritual leader of Bohra community {{!}} SAMAA TV|access-date=14 July 2016}}</ref>
=== Khuzaima Qutbuddin's Claim ===
In 2011 up to 2014, Khuzaima Qutbuddin<ref name=":20" /><ref name=":21" /> and his family<ref name=":22" /> had publicly declared and congratulated Mufaddal Saifuddin as the successor. On a few occasions, Khuzaima Qutbuddin was seen participating in public gatherings seated below<ref name=":23" /><ref name=":24" /> Mufaddal Saifuddin. Until the Mohammed Burhanuddin's death, there wasn't any indication of objection from Khuzaima Qutbuddin.
Khuzaima Qutbuddin challenged this ascension and claimed that  Mohammed Burhanuddin was too ill to have spoken coherently, and medically unfit to move or drink [[Sharbat (beverage)|sherbet]].<ref>{{Cite web|title=Late Syedna 'too ill to have spoken coherently'|url=https://mumbaimirror.indiatimes.com/mumbai/other/Late-Syedna-too-ill-to-have-spoken-coherently/articleshow/33144765.cms|website=Mumbai Mirror}}</ref>
In reply to these allegations, an audio recording of the appointment, and a video recording of the Majlis in Cromwell Hospital was shown to the entire Dawoodi Bohra community on 18 May 2014 (corresponding to 19 Rajab al Asab 1435H). This video confirmed Mohammed Burhanuddin speaking coherently to his family, drinking [[Sharbat (beverage)|sherbet]] and presiding over the [[Majlis]],<ref>{{Cite web|title=Audio/Video clips on Nass - Dawoodi Bohra Forum|url=http://www.dawoodi-bohras.com/forum/viewtopic.php?f=1&t=10277&sid=cfd77d27f5f6babe9fe98fe6b131075a|website=www.dawoodi-bohras.com}}</ref> therefore affirming the events described by Qaidjoher Ezzuddin and the Alvazaratus Saifiyah document.<ref name=":0" /> Qutbuddin has not responded to this video.
Following Burhanuddin's death in January 2014, Khuzaima Qutbuddin, claimed the title of the 53rd Dā'ī l-Muṭlaq of the Dawoodi Bohras. Khuzaima Qutbuddin claims that Mohammed Burhanuddin performed [[Nass (Islam)|nass]] on him 49 years ago in 1965 a ritual during which he appointed him as his successor in private without any witnesses.<ref name="trouble">{{cite news|url=http://indianexpress.com/article/cities/mumbai/who-is-new-syedna-trouble-brews-as-half-brother-stakes-claim/|title=Who is new Syedna? Trouble brews as half-brother stakes claim|date=6 February 2014|work=[[The Indian Express]]|access-date=11 February 2014}}</ref> Qutbuddin states that Burhanuddin told him that this was because otherwise, 'swords would be crossed'.
The rift between the two claimants started to appear even before the death of Burhanuddin, with followers of Khuzaima Qutbuddin rallying support for Khuzaima.<ref name="rift">{{cite news |date=15 April 2013 |title=Talk of rift among Bohras over Syedna's successor |url=http://www.hindustantimes.com/india-news/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/article1-1044475.aspx |url-status=dead |archive-url=https://web.archive.org/web/20140326095043/http://www.hindustantimes.com/india-news/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/article1-1044475.aspx |archive-date=26 March 2014 |access-date=23 August 2014 |newspaper=Hindustan Times}}</ref> A group formed in 2013 in support of Burhanuddin's half-brother Khuzaima Qutbuddin, who was Mazoon, serving second under Dai al Mutlaq.<ref name="rift" /> Khuzaima has denied formation of any separate sect by publishing a public affidavit.{{citation needed|date=July 2016|reason= Is there any source for this affidavit?}}
Khuzaima Qutbuddin died on 30 March 2016. On 31 March 2016 the family of Khuzaima Qutbuddin released a statement that Khuzaima Qutbuddin had conferred nass (announcement of successor) on his son [[Taher Fakhruddin]].<ref>{{cite web|url=http://www.asianage.com/mumbai/syedna-s-death-won-t-affect-succession-row-high-court-717|title=Syedna's death won't affect succession row in High Court|work=[[The Asian Age]]|date=8 April 2016}}</ref>
== Chronological Account of the events in 2011 ==
=== The Events of 4 June 2011 ===
On 4 June 2011 (corresponding to 3 Rajab al-Asab 1432H), Mohammed Burhanuddin gathered three of his sons (commonly referred to as Shehzadas), namely Qusai, Idris and Ammar; his daughter Husaina; son in law Dr Moiz, and grandson Abdul Qadir Nooruddin to his room at Cromwell Hospital. He made a declaration appointing his son Mufaddal Saifuddin as his successor, and instructed them to inform the Dawoodi Bohra community.<ref name=":0">{{cite news|title= مثال – نص داعي الطيب منصور اليمن على المولى عقيق اليمن – 19 شهر رمضان 1432هـ |publisher=Alvazaratus Saifiyah |date=2011}}</ref> Mohammed Burhanuddin then summoned Mufaddal Saifuddin and his eldest son [[Qaidjoher Ezzuddin]] to Cromwell Hospital, where a short [[Majlis]] was held in Cromwell Hospital, Mohammed Burhanuddin was congratulated on his appointment, drank [[Sharbat (beverage)|sherbet]] and everyone present performed [[Š-L-M|salaam]] to Mohammed Burhanuddin and Mufaddal Saifuddin.<ref name=":0" />
These sequence of events were cited in a Majlis<ref>{{cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/saadat-kiraam/2011-06/7488/05-06-2011-123750-IMG_9974_2.jpg?itok=UDOwbPfU|title=Shz Qaid Joher Bs DM Presided over Urs Majlis of Seyedna Nurmohammed Nooruddin Gallery I|date=5 June 2011|work=Zeninfosys – Al Jamea tus Saifiyah}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> held by Qaidjoher Ezzuddin in al Masjid ul Husseini<ref name=":27">{{cite web|url=http://mosques.muslimsinbritain.org/maps.php#/mosque/1546|title=al Masjid ul Husseini -Northolt, London|work=Muslims in Britain}}</ref> in [[Northolt]]; London on 5 June 2011. The video of this Majlis was recorded and was broadcast to the Dawoodi Bohra community centers worldwide on 6 June 2011.<ref>{{cite web|url=http://dnasyndication.com/showarticlerss.aspx?nid=ZZXvspMsMOCU1SgaITYLM8ZGplAN5KAi0wkQGEuEWEE=|title=Attended majlis where successor was announced|date=30 July 2015|work=DNA Syndication}}</ref><ref>{{cite web|url=https://believesyednaqutbuddin.files.wordpress.com/2014/01/tahiyaat_then.jpg|title= 5th June Majlis Relay |work=Tayiyaat.com}}</ref> These events were also documented in an official report (Arabic: مثال) by the office of His Holiness,<ref name=":0" /> Alvazaratus Saifiyah.<ref>{{cite web|url=https://www.alvazarat.org|title= Alvazaratus Saifiyah |work=Tayiyaat.com}}</ref> This document was published and distributed to entire Dawoodi Bohra community during the month of [[Ramadan]] in 2011. [[Khuzaima Qutbuddin]] is said to have congratulated [[Mufaddal Saifuddin]] on his appointment as successor.<ref>{{Cite web|date=2013-04-15|title=Talk of rift among Bohras over Syedna's successor|url=https://www.hindustantimes.com/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/story-cb4UkDJk2lUM1JD3RkHUkJ.html|access-date=2021-06-25|website=Hindustan Times|language=en}}</ref>
==== Mohammed Burhanuddin's Medical Condition ====
At the time of  Mohammed Burhanuddin's stroke his sons, attendant physician and son-in-law, Dr Moiz bhaisaheb and surviving daughter were present in London with him along with other close family members. Neither Qutbuddin nor his family were present before or subsequently.
The medical report presented by Khuzaima Qutbuddin explicitly ruled out the possibility of the Mohammed Burhanuddin having any ability to coherently speak or move.<ref name="perilous">{{cite news|url=http://www.mumbaimirror.com/mumbai/cover-story/A-perilous-transition/articleshow/29266169.cms|title=A perilous transition|date=24 January 2014|newspaper=Mumbai Mirror|access-date=4 April 2014}}</ref><ref name="mumbaimirrorill">{{cite web|url=http://www.mumbaimirror.com/mumbai/others/Late-Syedna-too-ill-to-have-spoken-coherently/articleshow/33144765.cms |title=Late Syedna 'too ill to have spoken coherently' |work=Mumbai Mirror |date=3 April 2014 |access-date=4 April 2014 |publisher=[[The Times Group]]}}</ref><ref name="DNA Nass Article">{{cite web|url=http://www.dnaindia.com/mumbai/report_successor-to-syedna-mohammed-burhanuddin-named_1551640|title=Successor to Syedna Mohammed Burhanuddin named|work=dna|date=6 June 2011}}</ref>
The review<ref name="mumbaimirrorill" /> was done by Dr Daniel Mankens,<ref>{{Cite web|url=https://doctors.beaumont.org/provider/Daniel+H+Arndt/227272|title=Dr. Daniel H Arndt, MD - Royal Oak, MI - Clinical Neurophysiology, Epilepsy Neurology, Pediatric Neurology - Request Appointment|website=doctors.beaumont.org}}</ref> chairman of Neurology Beaumont Hospital, Michigan. Based on this review report, Qutbuddin claimed 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'.<ref name="mumbaimirrorill" /><ref name="mumbaimirror1">{{cite web|url=http://www.mumbaimirror.com/mumbai/others/Dawoodi-Bohra-succession-battle-takes-legal-turn/articleshow/33092989.cms |title=Dawoodi Bohra succession battle takes legal turn |work=Mumbai Mirror |date=2 April 2014 |access-date=4 April 2014 | publisher=[[The Times Group]]}}</ref>
The doctors behind these reports had never met nor treated Mohammed Burhanuddin at any time and gave their opinions based on medical reports and the explanations provided by Khuzaima Qutbuddin.
Meanwhile, the specialists who actually treated, attended to Mohammed Burhanuddin and who wrote the medical reports do not agree with these opinions. Dr John Francis Costello;<ref name=":41">{{Cite web|url=https://www.bupacromwellhospital.com/find-a-consultant/john-costello-consultant-in-respiratory-medicine/|title=Dr John Costello &#124; Find a Consultant}}</ref> Consultant in Respiratory Medicine, and Neurologist Dr Omar Malik,<ref>{{Cite web|url=https://www.bupacromwellhospital.com/find-a-consultant/omar-malik-consultant-neurologist/|title=Dr Omar Malik &#124; Find a Consultant}}</ref> both of whom had attended to Mohammed Burhanuddin at Cromwell Hospital in London have stated, in writing, that His Holiness was capable of making the declaration and of conducting a ceremony, even though his speech was slurred.<ref name=":12" /><ref name=":15">{{cite news|last1=Malik |first1= Dr Omar|title= Letter – Neurological assessment and management of His Holiness between 01 June 2011 and over the subsequent 96 hours |publisher= Dr Omar Malik, PHD, FRCP – Consultant Neurologist (GMC No:3276389) |date=17 April 2014}}</ref> Further, Dr Costello stated that he believes the report provided by the USA doctor Dr Daniel Menkes is incorrect.<ref name=":12">{{cite news|last1=Costello |first1= John Francis|title= Letter – Summary of my view on the state of His Holiness's health in June 2011 |publisher=Notarized by Sarah Karen Mackie England Notary Public |date=17 April 2014}}</ref> He confirmed that his patient, Mohammed Burhanuddin indeed did communicate his wishes on a variety of issues during his admission.<ref name=":12" />
On 4 June, the day of the [[Nass (Islam)|Nass]] in question, Dr Costello noted that there was evidence of continued improvement in Mohammed Burhanuddin's health.<ref name=":12" /> He confirmed that although he did not witness the said Nass, there was no doubt that Mohammed Burhanuddin was able to effectively communicate his wishes whilst at Cromwell Hospital, particularly in his mother tongue [[Lisan al-Dawat]].<ref name=":12" />
In regards to His Holiness's intellectual state, both Dr Costello and Dr Malik confirmed that he was of sound cognitive state, and that he was able to clearly communicate with his family and medical staff.<ref name=":12" /><ref name=":15" /> In regards to the reports by the U.S. doctors, Dr Omar denied there was any evidence of a receptive speech problem.<ref name=":15" /> Dr Costello further expressed that he felt a special connection with His Holiness as he often greeted him with a smile of recognition, looked him in the eye, interacted in English, and even become lively at times.<ref name=":12" />
A year later in 2012, Dr Costello was invited on stage to meet  Mohammed Burhanuddin. In his medical report<ref name=":12" /> he notes that Burhanuddin instantly smiled at him with recognition, and shook his hand for a lengthy time.<ref name=":13">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-07/15080/13-07-2012-217907-img88380.jpg?itok=qqyJnfO6|title=SMB meeting with Dr Costello|date=14 July 2012}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref name=":14">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-07/15080/13-07-2012-217908-img88400.jpg?itok=8EW70ED6|title=SMB shaking hands with Dri Costello|date=14 July 2012|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
These reports were submitted in court in the sworn affidavit submitted by Shehzada Qaidjoher Ezzuddin, the eldest son of Mohammed Burhanuddin before the [[Mumbai High Court|Bombay High Court]].
=== The Raudat Tahera Ceremony ===
On 8 June 2011, Dr John Francis Costello noted improvements in His Holiness's health and there were discussions about his wishes to travel to Mumbai for to attend the death anniversary of his father [[Taher Saifuddin]]<ref name=":12" /> which was to be held on 20 June 2011. By 15 June 2011, there was further improvement. Dr John Francis Costello approved of sending His Holiness to Mumbai in an air ambulance as it was deemed safe and appropriate.<ref name=":12" /> On this day, Dr Costello recalls having a short coherent conversation in English with His Holiness about his journey to Mumbai.<ref name=":12" /> On 17 June 2011, His Holiness was discharged from Cromwell Hospital and traveled to Mumbai, as planned, in an air ambulance.<ref name=":12" /> These sequence of events, His Holiness's wishes to travel and the doctor's approval are of paramount significance because the group loyal to Qutbuddin allege that His Holiness was forced to travel against his own will despite suffering a stroke. Dr Costello's letter proves otherwise.
A ceremony was arranged in Raudat Tahera Mumbai on 20 June 2011 (corresponding to 19th Rajab 1432H) to declare Mufaddal Saifuddin as the Dā'ī.<ref name="auto"/> The entire ceremony was recorded and was broadcast on the same day to Dawoodi Bohra community centers worldwide. This video was posted by Qutbuddin's website and re-posted by another [[YouTube]] user.<ref name="auto" /> Images of this ceremony are also available online.
== Events following the succession (2011–2014) ==
=== Mohammed Burhanuddin's activities after the succession ===
From 2011 up to 2014, Mohammed Burhanuddin, despite his stroke, went on pilgrimages, traveled across India, overseas, and presided over many community gatherings.
In 1432H, He presided over the [[Eid al-Fitr]] [[Majlis]] with Mufaddal Saifuddin seated besides him.<ref name=":10">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-08/8796/29-08-2011-138554-L1000176_0002.jpg|title=Eid al Fitr Majis 1432H}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Following the [[Ramadan]] of 2011 (1432H), Mohammed Burhanuddin went on a pilgrimage to [[Karbala]], [[Najaf]]<ref name="Syedna meets Governor of Najaf">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-09/9042/06-09-2011-141157-gov%20najaf%202.jpg?itok=mDr9jEuQ|title=Syedna meets Governor of Najaf|publisher=Zeninfosys – Al Jamea tus Saifiyah.}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref name="Syedna pilgrimage to Najaf">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-09/8930/03-09-2011-140254-0L1000313.JPG?itok=7lKcv6mc|title=Syedna pilgrimage to Najaf|publisher=Zeninfosys – Al Jamea tus Saifiyah}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> and [[Cairo]].<ref name="auto2">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-10/9432/19-10-2011-145376-DSC_9903.jpg?itok=mBOcWQ9w|title=Syedna's visit to Cairo in October 2011|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
In the [[Islamic calendar|Hijri]] year of 1433H (November 2011), Mohammed Burhanuddin held the [[Muharram]] gatherings in Mumbai. On 2 Muharram Mohammed Burhanuddin conducted the first sermon,<ref name="zeninfosys.net">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-11/9947/26-11-2011-150851-mg0086.jpg?itok=7W96hqw_|title=Syedna Mohammed Burhanuddin first sermon (waaz) in Muharram 1433H.|website=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> and presided over every Majlis at night until [[Day of Ashura|Ashura]] of 1432H. Following this, he traveled to [[Galiakot]] to the on a pilgrimage to the mausoleum of [[Fakhruddin Shaheed]].<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-12/10851/22-12-2011-163084-img00204-20111223-1206.jpg?itok=Dh4zdeRO|title=Family photograph of Syedna Mohammed Burhanuddin with his family in Galiakot (Muharram 1433H)|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> There he performed the opening of the new [[Mosque]] of [[Partapur, Rajasthan]] on 28 Muharram 1433.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-12/10847/22-12-2011-163019-dsc01849.jpg?itok=bfP995lk|title=SMB Opening of Partapur Masjid|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In the month of [[Safar]] he went on a pilgrimage to Hasanpeer. There, on 4 [[Safar]] he performed the opening of the new [[Masjid]] in [[Rampura, Neemuch|Rampura]] and named it Mohammedi Masjid.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11045/06-01-2012-164783-jkp9318.jpg?itok=X6UR374w|title=Iftetah of Rampura Masjid on 4 Safar 1433H|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> He then traveled to [[Ahmedabad]] for [[Chehlum]],<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11163/12-01-2012-166060-gujarat-mirrordec-11hasnain.jpg?itok=BT30X9Df|title=SMB in Ahmedabad|publisher=Gujarat News}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> where Mufaddal Saifuddin presided over the sermons.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11045/06-01-2012-164783-jkp9318.jpg?itok=X6UR374w|title=Mufaddal Saifuddin Waaz on Chehlam Day 1433H|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> During this visit, his son Huzaifa Mohyuddin died in Ahmedabad, and the funeral rites were carried out by Mohammed Burhanuddin and Mufaddal Saifuddin.<ref>{{Cite news|url=http://www.dnaindia.com/ahmedabad/report-dawoodi-bohra-sect-head-s-son-dies-of-heart-attack-1638790|title=Dawoodi Bohra sect head's son dies of heart attack {{!}} Latest News & Updates at Daily News & Analysis|newspaper=DNA India |date=17 January 2012|language=en-US|access-date=6 August 2016}}</ref> On 18 January 2012, [[Narendra Modi]] visited Burhanuddin in Ahmedabad to offer his condolences.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11324/19-01-2012-167678-akila-newspaperjan-20hasnain.jpg?itok=3ePD0JxM|title=Modi condolences to Syedna Mohammed Burhanuddin 18 Jan 2012|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> On 20 January 2012, (26 [[Safar]] 1433H), he laid the foundation of the Qutbi Mazaar Development Project in Ahmedabad.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11340/19-01-2012-167834-7.jpg?itok=tBqUzt9T|title=Foundation of Qutbi Mazaar Development Project|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> He then visited Dongam on 27 Safar 1433H.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11341/20-01-2012-167860-aaj-kaal-news-paperjan-21.1.2012hasnain.jpg?itok=xfusy1cj|title=SMB Dongham|work=Gujarat Mirror}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
On 6 [[Rabi' al-awwal]] 1433H, he traveled to [[Pune]] where he was welcomed by a large gathering.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11502/28-01-2012-169671-mumineensalami02.jpg?itok=BRQMLdYF|title=SMB Welcome Celebration in Pune 6 Rabi al Awwal 1433H|website=Zeninfosys|archive-url=https://web.archive.org/web/20160808045341/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-01/11502/28-01-2012-169671-mumineensalami02.jpg?itok=BRQMLdYF|archive-date=8 August 2016|url-status=dead}}</ref> On the 10th of Rabi' al-awwal the [[Chief Minister of Madhya Pradesh]] [[Shivraj Singh Chouhan]] met Burhanuddin and expressed their condolences on the death of Shahzada Huzaifa Mohiyuddin.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/11583/01-02-2012-170835-d30533342-large.jpg?itok=jgcYvUns|title=10th of Rabi' al-awwal the Chief Minister of Madhya Pradesh Hon. Mr. Shivraj Singh Chouhan accompanied by other Govt Officials met the Syedna and expressed their condolences on the death of Shahzada Huzaifa Mohiyuddin|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808050950/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/11583/01-02-2012-170835-d30533342-large.jpg?itok=jgcYvUns|archive-date=8 August 2016|url-status=dead}}</ref> On 4 February 2012, on [[Milad al-Nabi]] day in [[Pune]], her presided over the Majlis seated above Mufaddal Saifuddin for 3 hours, listening to his entire sermon.<ref name="SMB Miad al Nabi 1433H">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/11735/03-02-2012-172991-sanj-samachar-newspaperfeb-06hasnain.jpg?itok=BuyTIi_4|title=SMB Miad al Nabi 1433H|work=Gujarat Mirror}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref name="ReferenceA">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/11656/03-02-2012-171907-dscf2424.jpg?itok=xO8lA4Zg|title=Milad al Nabi Waaz 1433H Syedna seated besides Mufaddal Saifuddin|archive-url=https://web.archive.org/web/20160807073012/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/11656/03-02-2012-171907-dscf2424.jpg?itok=xO8lA4Zg|archive-date=7 August 2016|url-status=dead}}</ref> On 4 [[Rabi' al-thani]], he presided over the Milad Majlis in Saifee Masjid [[Mumbai]], as Mufaddal Saifuddin conducted the sermons seated besides him.<ref name=":26">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/12411/25-02-2012-181053-milad-waaz-0027.jpg?itok=hmVPFcFK|title=Milad Imam Zamaan 1433H – Mumbai|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808031757/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-02/12411/25-02-2012-181053-milad-waaz-0027.jpg?itok=hmVPFcFK|archive-date=8 August 2016|url-status=dead}}</ref>
On 12 March 2012, on the eve of Burhanuddin's 101st birthday, he presided over the birthday celebrations and procession with Narendra Modi seated besides him.<ref name="auto3">{{Cite news|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-03/13405/11-03-2012-197372-akila-newspaper13-march-2012hasnain.jpg?itok=Qu0o1nQO|title=SMB Birthday Night 2012|via=AAB TAK NEWSPAPER}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref name="Narendra Modi besides SMB & SMS">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-03/13255/10-03-2012-194384-5.jpg?itok=5b-cTIz5|title=Narendra Modi besides SMB & SMS}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The following day, he presided over the Majlis while Mufaddal Saifuddin conducted the sermons seated besides him.<ref name=":322"/><ref name=":2"/><ref name="auto4">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-03/13284/12-03-2012-194944-dsc0631.jpg?itok=VCeeAuZ_|title=SMB seated besides SMS on 1433 Milad Day}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In 1433H (August 2012)  Mohammed Burhanuddin presided over the Eid al-Fitr Majlis with Mufaddal Saifuddin seated besides him.<ref name="Eid al Fitr 1433H">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-08/16406/17-08-2012-230662-dsc8019-dsc8021.jpg?itok=hXh2keEg|title=Eid al Fitr 1433H|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
On 19 June 2012 (30 [[Rajab]] 1433H), Mohammed Burhanuddin traveled to London. On 11 [[Sha'ban]] 1433H (30 June 2012), [[Asif Ali Zardari]] visited him at Masjid ul Husseini<ref name=":27" /> London.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-07/14935/28-06-2012-216183-img6123.jpg?itok=HkxRZ5oe|title=Syedna meets Asif Zardari 30 June 2012|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808031715/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-07/14935/28-06-2012-216183-img6123.jpg?itok=HkxRZ5oe|archive-date=8 August 2016|url-status=dead}}</ref> In a public congregation at Masjid ul Husseini<ref name=":27" /> London on 14 July 2012, Dr Costello was invited on stage to meet Mohammed Burhanuddin. In his medical report<ref name=":12" /> he notes that he instantly smiled at him with recognition, and shook his hand for a lengthy time.<ref name=":13" /><ref name=":14" />
In the Hijri year of 1434H (November 2012), Mohammed Burhanuddin<ref name="auto1">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-11/18037/14-11-2012-251528-008.jpg?itok=xJp_1dYH|title=Syedna Mohammed Burhanuddin arrives in Surat for Ashara 1434|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> held the Muharram gatherings in [[Surat]].<ref name="timesofindia.indiatimes.com">{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Muslims-gear-up-to-observe-Muharram/articleshow/17210051.cms|title=Muslims gear up to observe Muharram – Times of India|website=[[The Times of India]]|date=14 November 2012 |access-date=24 July 2016}}</ref><ref name="article.wn.com">{{Cite web|url=http://article.wn.com/view/2012/11/13/Muslims_gear_up_to_observe_Muharram/|title=Muslims gear up to observe Muharram|website=article.wn.com|access-date=24 July 2016}}</ref><ref name="Zeninfosys">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-11/18174/20-11-2012-252260-010resize.jpg?itok=KEG-GZuj|title=Mufaddal Saifuddin concuts Moharram Sermons in Surat 1434H|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> On 27 November 2012 (14 Moharram 1434H), he held the [[Nikah]] ceremony of community members in the Rasme Saify<ref>{{Cite web|url=http://www.taiseerunnikah.org/|title=Taiseer un Nikah – Rasme Saify|website=www.taiseerunnikah.org|access-date=1 August 2016}}</ref> ceremony in Surat.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-11/18402/27-11-2012-253257-008resize.jpg?itok=R98iCcKe|title=Rasme Saify – Surat, 14 Moharram 1434H}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In Mumbai, on 27 May 2013 (18 Rajab 1434H) he presided over the death anniversary of Taher Saifuddin and the final day examinations of [[Al Jamea tus Saifiyah]].<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2013-05/21397/27-05-2013-262819-17.jpg?itok=SAkOxBZK|title=SMB Majlis 19th Rajab 1434, Mumbai}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
In the Hijri year of 1435H (November 2013), Mohammed Burhanuddin held the Muharram gatherings in Mumbai.<ref name=":28">{{Cite web|url=http://www.pressenza.com/2013/11/dawoodi-bohras-congregate-bhendi-bazaar-project/|title=Dawoodi Bohras congregate for observing Moharram – Pressenza|date=14 November 2013|language=en-US|access-date=7 August 2016}}</ref> For 10 days, Mufaddal Saifuddin conducted the sermons during the day,<ref name=":28" /> and Burhanuddin would preside over the Majlis at night.<ref name=":29">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2013-12/23691/12-11-2013-269822-p1000399.jpg?itok=pSpGskKs|title=Muharram 1435H, Night Majlis presided by Syedna Mohammed Burhanuddin|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808042531/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2013-12/23691/12-11-2013-269822-p1000399.jpg?itok=pSpGskKs|archive-date=8 August 2016|url-status=dead}}</ref> On the day of Ashura Burhanuddin presided over the sermons conducted by Mufaddal Saifuddin.<ref name=":30">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2013-11/23536/13-11-2013-269194-9.jpg?itok=Db4cq2lw|title=Ashura 1435H – Mumbai|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808032536/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2013-11/23536/13-11-2013-269194-9.jpg?itok=Db4cq2lw|archive-date=8 August 2016|url-status=dead}}</ref>
On 12 January 2014, he presided over the Majlis of Milad al-Nabi in Raudat Tahera, Mumbai.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2014-01/24023/12-01-2014-270793-8.jpg?itok=kxW0S7Zk|title=Milad Nabi 1435H – 12 January 2014|archive-url=https://web.archive.org/web/20160808014753/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2014-01/24023/12-01-2014-270793-8.jpg?itok=kxW0S7Zk|archive-date=8 August 2016|url-status=dead}}</ref> This was his last public gathering before his death five days later on 17 January 2014.
=== Mufaddal Saifuddin's activities after the succession ===
Mufaddal Saifuddin assumed this role as the successor of Mohammed Burhanuddin and his appointment was welcomed by the [[Dawoodi Bohra]] community.<ref name=":11" /> Together, Mohammed Burhanuddin and Mufaddal Saifuddin undertook the leadership after the affairs of the community.
On 9 June 2011, then [[Chief Minister of Gujarat]], Narendra Modi congratulated Mufaddal Saifuddin on his succession.<ref name=":9">{{cite news|title=Letter – Narendra Modi to Mufaddal Saifuddin – Congratulations on Succession|date=9 June 2011|last1=Modi|first1=Narendra}}</ref> On 15 June 2011 the office of Mohammed Burhanuddin, The Alvazaratus Saifiyah<ref>{{cite web|url=https://www.alvazarat.org|title=Alvazaratus Saifiyah}}</ref> instructed Dawoodi Bohras to take Mufaddal Saifuddin's name alongside Mohammed Burhanuddin's as the successor in their Mithaq (oath of allegiance).<ref name=":02">{{cite news|title=مثال شريف – عبارة عهد الاولياء و الرقعة – 24 شهر رحب الاصب 1432هـ|date=2011|publisher=Alvazaratus Saifiyah}}</ref>
A month later, in [[Sha'ban]], Mufaddal Saifuddin led the examinations of [[Al Jamea tus Saifiyah]] on behalf of Mohammed Burhanuddin. During the month of [[Ramadan]] and [[Eid al-Fitr]], Saifuddin led the community prayers<ref name=":10" /> and Mohammed Burhanuddin presided over the Eid al-Fitr [[Majlis]] with Mufaddal Saifuddin seated besides him.<ref name=":10" /> Following the Ramadan of 2011 (1432H), Mohammed Burhanuddin went on a pilgrimage to [[Karbala]], [[Najaf]]<ref name="Syedna meets Governor of Najaf"/><ref name="Syedna pilgrimage to Najaf"/> and [[Cairo]].<ref name="auto2"/>
In the Hijri year of 1433H (November 2011), Mohammed Burhanuddin held the Muharram gatherings in [[Mumbai]]. On 2 Muharram  Mohammed Burhanuddin conducted the first sermon<ref name="zeninfosys.net"/> and instructed Mufaddal Saifuddin to conduct the remaining nine sermons until [[Day of Ashura|Ashura]]<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-11/10117/29-11-2011-153152-5th-moh-1433015.jpg?itok=GoqHywUf|title=Mufaddal Saifuddin conducting Muharram sermons in 1433H}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> seated besides him.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2011-12/10454/04-12-2011-158173-makhtal1433kpali-1-6.jpg?itok=4NFV82Kc|title=SMB and SMS conducting Ashura 1433H sermon}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
On 4 January 2012, on Milad al-Nabi day in Pune, as his successor Mufaddal Saifuddin conducted the sermon on behalf of Mohammed Burhanuddin. Burhanuddin sat besides him for 3 hours listening to Saifuddin's entire sermon.<ref name="SMB Miad al Nabi 1433H"/><ref name="ReferenceA"/> On 12 March 2012, on the eve of Mohammed Burhanuddin's 101st birthday. Narendra Modi attended the birthday celebrations and procession besides Mohammed Burhanudin and Mufaddal Saifuddin.<ref name="Narendra Modi besides SMB & SMS"/><ref name="auto3"/> The following day, as the successor, Mufaddal Saifuddin conducted the sermons with Mohammed Burhanuddin seated on the stage besides him.<ref name=":322"/><ref name=":2" /><ref name="auto4"/> On 4 Rabi' al-thani, he conducted the sermons of the Milad Majlis in Saifee Masjid Mumbai, with Mohammed Burhanuddin seated besides him.<ref name=":26" /> On 1 April 2012, he conducted the sermon and [[Majlis]] of [[Fatima Al Zahra]] on 10 [[Jumada al-awwal]] 1433H in Surat.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-04/13557/31-03-2012-199680-dsc4727.jpg?itok=r-ergcKf|title=Majlis Shahadat Moulatena Fatema – 10 Jumada al Awwal 1433H|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808032712/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-04/13557/31-03-2012-199680-dsc4727.jpg?itok=r-ergcKf|archive-date=8 August 2016|url-status=dead}}</ref> On 9 [[Rajab]]1433H (29 May 2012), he led annual examinations of [[Al Jamea tus Saifiyah]] on behalf of Mohammed Burhanuddin in Saify Mahal,<ref name=":03" /> Mumbai.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-05/14495/29-05-2012-211701-img8446resize.jpg?itok=aFrgm1FA|title=Jamea Imtehan Examinations Rajab 1433H|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20160808041009/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-05/14495/29-05-2012-211701-img8446resize.jpg?itok=aFrgm1FA|archive-date=8 August 2016|url-status=dead}}</ref>
During the month of Ramadan 1433H (August 2012) and Eid al-Fitr, Saifuddin led the community prayers<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup/public/photos/akhbar/huzurala-tus/2012-08/15853/08-08-2012-224837-23-mi-raat-1433005.jpg?itok=pJiRozY-|title=Ramadan 1433H|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> and Mohammed Burhanuddin presided over the Eid al-Fitr Majlis with Mufaddal Saifuddin seated besides him.<ref name="Eid al Fitr 1433H"/> Following that, Mohammed Burhanuddin appointed Mufaddal Saifuddin as the [[Amir al-hajj]] for the [[Hajj]] pilgrimage<ref name=":42">{{Cite web|url=http://www.khaleejtimes.com/article/20121014/ARTICLE/310149904/1002|title=Bohra leader in Dubai on way to Madinah|work=Khaleej Times|access-date=13 July 2016}}</ref> on 14 October 2012 (29 Zil Qadah 1433H).
In the Hijri year of 1434H (November 2012), Mohammed Burhanuddin<ref name="auto1"/> held the Muharram gatherings in Surat.<ref name="timesofindia.indiatimes.com"/><ref name="article.wn.com"/> Mufaddal Saifuddin to conducted ten sermons until Ashura with Mohammed Burhanuddin seated besides him.<ref name="Zeninfosys"/>
Mufaddal Saifuddin's first official correspondence as successor was in May 2013 during the celebration of [[Mohammed Burhanuddin]]'s [[Golden jubilee|Golden Jubilee]], in which he instructed the community to set out on religious pilgrimages.<ref>{{Cite book|title=Golden Jubilee (Eid e Zahabi) Misaal – 7 May 2013 (27 Jumada al Ukhra)|last=Saifuddin|first=Mufaddal|publisher=Alvazaratus Saifiyah|year=2013|location=Mumbai}}</ref> In the month of [[Rajab]] of 2013, he conducted the annual examinations of Al Jamea tus Saifiyah on behalf of Mohammed Burhanuddin.<ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2013-05/21397/27-05-2013-262819-17.jpg?itok=SAkOxBZK|title=Urus STS 19 Rajab 1434 – Last Day of Al Jamea tus Saifiyah Imtehan (Annual Examinations)|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
In the Hijri year of 1435H (November 2013), Mohammed Burhanuddin held the Muharram gatherings in Mumbai.<ref name=":28" /> For 10 days, Mufaddal Saifuddin conducted the sermons during the day,<ref name=":28" /> and Mohammed Burhanuddin would preside over the Majlis at night.<ref name=":29" /> On the day of Ashura Mufaddal Saifuddin conducted the Ashura sermon seated besides Mohammed Burhanuddin.<ref name=":30" />
On 23 December 2013, Mufaddal Saifuddin traveled to [[Udaipur]]<ref name=":82" /> to conduct the sermons of Chehlum 1435H.<ref name=":62" /> A video recording of this sermons was broadcast in community centers worldwide on 16 January 2014.
Khuzaima Qutbuddin<ref name=":20">{{Cite web|url=http://www.hindustantimes.com/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/story-cb4UkDJk2lUM1JD3RkHUkJ.html|title=Talk of rift among Bohras over Syedna's successor|date=15 April 2013|access-date=17 July 2016}}</ref><ref name=":21">{{Cite web|url=https://believesyednaqutbuddin.files.wordpress.com/2014/01/tahiyaat_then.jpg|title=Tahiyaat.com – Website of Khuzaima Qutbuddin (Screenshot)}}</ref> and his family<ref name=":22">{{Citation|first=Juzar|last=Noorani|title=Abdeali, Khuzema's son on Nass proclamation|date=24 January 2014|url=https://www.youtube.com/watch?v=-jTmfICyKg8|access-date=17 July 2016}}</ref> had even publicly declared and congratulated Mufaddal Saifuddin as the successor. On a few occasions, Khuzaima Qutbuddin was seen participating in public gatherings seated below<ref name=":23">{{Cite web|url=https://2.bp.blogspot.com/-exBKimqpHPA/V2-AvVjqhmI/AAAAAAAAARM/fS6SOBS-3WAqJE5U02D1ghdID5SvuV2qwCLcB/s1600/KQ%2Btarteeb%2Bunder%2BSMS%2Bin%2BSMB%2Bbethak%2B-%2BCopy.jpg|title=Khuzaima Qutbuddin seated below Mufaddal Saifuddin in a Majlis of Syedna Mohammed Burhanuddin}}</ref><ref name=":24">{{Cite web|url=https://believesyednaqutbuddin.files.wordpress.com/2014/01/sms-mazoon-2.jpg|title=Khuzaima Qutbuddin seated below Mufaddal Saifuddin at the funeral of Shz Hatim Hamiduddin.}}</ref> Mufaddal Saifuddin. Until Mohammed Burhanuddin's death, there wasn't any indication of objection from Khuzaima Qutbuddin.
== Events following Mohammed Burhanuddin's death ==
Mohammed Burhanuddin died on 17 January 2014 <sup>[1]</sup> (corresponding to 16 Rabi al Awwal 1435H) in [[Mumbai]], India.
Mufaddal Saifuddin, who had already been publicly appointed and accepted as the successor, assumed the position of the 53rd Da'i al-Mutlaq of the Dawoodi Bohra community.<ref>{{Cite web|url=http://www.samaa.tv/pakistan/2014/01/syedi-mufaddal-bhaisaheb-saifuddin-becomes-spiritual-leader-of-bohra-community/|title=Syedi Mufaddal Bhaisaheb Saifuddin becomes spiritual leader of Bohra community {{!}} SAMAA TV|access-date=19 July 2016}}</ref> Saifuddin was in [[Colombo]] at the time and immediately traveled to Mumbai via [[Chennai]]. He conducted his first [[Jumu'ah]] [[Salah]] in [[Sri Lanka]] and arrived in Saify Mahal,<ref name=":03">{{Cite web|url=http://wikimapia.org/7261856/Saifee-Mahal|title=Saifee Mahal – Wikimapia|website=wikimapia.org|access-date=18 July 2016}}</ref> Mumbai that evening to conduct and lead the [[Janaza]] and funeral rites. Khuzaima Qutbuddin, who at the time was already in Saify Mahal,<ref name=":03" /> Mumbai, left for his residence in [[Thane]] prior to Mufaddal Saifuddin's arrival.<ref name=":16">{{Cite web|url=http://www.mumbaimirror.com/mumbai/cover-story/A-perilous-transition/articleshow/29266169.cms|title=A perilous transition – Mumbai Mirror -|access-date=19 July 2016}}</ref> Mufaddal Saifuddin led the [[Janaza]] rites throughout the night.<ref name=":16" /> and thousands of mourners attended the funeral on Saturday 18 January 2014 led by Mufaddal Saifuddin.<ref>{{Cite web|url=http://zeenews.india.com/news/maharashtra/syedna-mohammed-burhanuddin-laid-to-rest-in-mumbai-70000-mourners-attend-funeral_904988.html|title=Syedna Mohammed Burhanuddin laid to rest in Mumbai, 70,000 mourners attend funeral|date=18 January 2014|access-date=19 July 2016}}</ref><ref>{{Cite web|url=http://www.gettyimages.com/pictures/bohri-muslim-community-gathers-for-the-funeral-of-102-year-news-photo-463478931#bohri-muslim-community-gathers-for-the-funeral-of-102yearold-dawoodi-picture-id463478931|title=Dawoodi Bohra Community Spiritual Leader Syedna Mohammed Burhanuddin Passes Away Pictures {{!}} Getty Images|date=18 January 2014 |language=en-US|access-date=19 July 2016}}</ref><ref>{{Cite web|url=http://www.mumbaimirror.com/mumbai/others/Bohras-go-e-way-to-prevent-tragedy/articleshow/29095156.cms?prtpage=1|title=Bohras go e-way to prevent tragedy – Mumbai Mirror -|access-date=19 July 2016}}</ref><ref>{{Cite magazine |title=Syedna Burhanuddin |url=http://www.milligazette.com/news/9922-syedna-burhanuddin |date=15 Feb 2014 |archive-url=https://archive.today/20200619145629/http://www.milligazette.com/news/9922-syedna-burhanuddin |archive-date=19 June 2020 |publisher=[[Milli Gazette]] |last1=Raghib |first1=Qureish }}</ref>
On the morning of Saturday 18 January, as the [[Janaza]] left Saify Mahal en route to [[Raudat Tahera]] for burial, Khuzaima Qutbuddin sent out an email campaign to Dawoodi Bohra Community members attaching a [[PDF]] letter addressed to Mufaddal Saifuddin stating his claim.<ref>{{Cite journal|last=Qutbuddin|first=Khuzaima|date=18 January 2014|title=URGENT letter for Shz Mufaddal bs|access-date=3 May 2020|url=https://www.fatemidawat.com/teachings/explaining-past-events/wave-like-the-mountains-part-1|archive-url=https://web.archive.org/web/20200504042843/https://www.fatemidawat.com/teachings/explaining-past-events/wave-like-the-mountains-part-1|archive-date=4 May 2020}}</ref><ref>{{Cite web|url=https://commons.wikimedia.org/wiki/|title=Official Msg of Nass from Khuzaima Qutbuddin Mawla TUS|access-date=4 May 2020|date=18 Jan 2014}}</ref> That evening, around 36 hours after Mohammed Burhanuddin's death, Qutbuddin posted a [[YouTube]] video of himself on his website claiming that he was the 53rd Da'i al-Mutlaq, having been appointed in total secrecy in 1965.<ref>{{Cite web|url=http://fatemidawat.com |title=Fatemi Dawat – Dawat-e-Hadiyah Website {{!}} Website administered by the office of Syedna Khuzaima Qutbuddin TUS, leader of the Dawoodi Bohra community |date=18 January 2014 |access-date=19 July 2016 |url-status=dead |archive-url=https://web.archive.org/web/20140118161428/http://fatemidawat.com/ |archive-date=18 January 2014  }}</ref>
On 20 January 2014, Khuzaima Qutbuddin's name was removed Dawoodi Bohra from all official community records as the Mazoon.<ref>{{Cite book|title=Mithaal Shareef (18 Rabi Awwal 1435H) – 20 January 2014|publisher=Alvazaratus Saifiyah|year=2014}}</ref> Following that, on 24 January 2014, Khuzaima Qutbuddin issued a Public Notice<ref name=":92">{{Cite web|url=http://www.fatemidawat.com/news/media/press-releases/public-notice-jan-17-2014.html|title=Fatemi Dawat {{!}} Press Release – Public Notice: 26 January 2014|website=www.fatemidawat.com|access-date=19 July 2016|archive-url=https://web.archive.org/web/20160719120353/http://www.fatemidawat.com/news/media/press-releases/public-notice-jan-17-2014.html|archive-date=19 July 2016|url-status=dead}}</ref> claiming that he was the sole Trustee of all the Wakfs/Trusts of the Dawoodi Bohra Community.<ref name=":92" /><ref name=":18">{{Cite web|url=http://www.mumbaimirror.com/mumbai/others/Sons-loyalists-knock-doors-at-night-for-support/articleshow/29369431.cms|title=Son's loyalists knock doors at night for support – Mumbai Mirror -|access-date=19 July 2016}}</ref>
On 30 January 2014, thousands<ref name=":3">{{Cite web|url=http://afternoondc.in/city-news/50k-dawoodi-bohras-gather-at-azad-maidan/article_102015|title=50k Dawoodi Bohras gather at Azad Maidan|website=afternoondc.in|access-date=19 July 2016}}</ref> of Dawoodi Bohras gathered at [[Azad Maidan]], Mumbai in support of Mufaddal Saifuddin as the 53rd Da'i al-Mutlaq, pledged their allegiance to him and dissociated from the breakaway faction formed by Khuzaima Qutbuddin.<ref name="mumbaimirror.com" /><ref name=":31">{{Cite web|url=http://www.dnaindia.com/mumbai/report-bohras-make-anti-syedna-faction-s-ex-communication-official-stick-by-mufaddal-saifuddin-1958375|title=Bohras make anti-Syedna faction's ex-communication official, stick by Mufaddal Saifuddin {{!}} Latest News & Updates at Daily News & Analysis|date=31 January 2014|language=en-US|access-date=19 July 2016}}</ref><ref>{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2014-01/24144/30-01-2014-271299-b78x3720resize.jpg?itok=nBNz2er6|title=Azad Maidan|publisher=Zeninfosys}}{{Dead link|date=June 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Mufaddal's elder brother Qaidjoher Ezzuddin stated that "nass was performed on Mufaddal not once but a number of times".<ref name=":31" /> Similarly peace marches were organised in community centers worldwide where resolutions<ref name=":18" /> were signed<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Thousands-to-show-allegiance-to-Syednas-successor-today/articleshow/29582102.cms|title=Thousands to show allegiance to Syedna's successor today – Times of India|website=[[The Times of India]]|date=30 January 2014 |access-date=19 July 2016}}</ref><ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/pune/Dawoodi-Bohras-stage-a-peace-march/articleshow/29556931.cms|title=Dawoodi Bohras stage a peace march – Times of India|website=[[The Times of India]]|date=29 January 2014 |access-date=19 July 2016}}</ref> handed over to Government officials.<ref>{{Citation|title=Dawoodi Bohras Followers of Syedna Mufaddal Saifuddin TUS|date=9 April 2014|url=https://believesyednaqutbuddin.com/2014/04/09/reason-95-we-are-united/|access-date=4 May 2020|archive-url=https://web.archive.org/web/20200504055637/https://believesyednaqutbuddin.com/2014/04/09/reason-95-we-are-united/|archive-date=4 May 2020|via=https://www.youtube.com/watch?v=OyzyIwIRbrA}}</ref> A number of prominent personalities offered their condolences to Mufaddal Saifuddin as Mohammed Burhanuddin's son and successor.<ref name=":17">{{Cite web|url=http://www.maeeshat.in/2014/01/promiment-citizens-offer-condolences-to-late-syednas-son-and-successor/|title=Prominent Citizens Offer Condolences to Late Syedna's Son and Successor|date=26 January 2014|website=Maeeshat|language=en-US|access-date=19 July 2016}}</ref><ref name=":33">{{Cite web|url=http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2014-01/24151/31-01-2014-271326-img20140131103111.jpg?itok=Si432aRU|title=Narendra Modi offers condolences to Mufaddal Saifuddin|publisher=Zeninfosys|archive-url=https://web.archive.org/web/20180307022647/http://zeninfosys.net/zen/sites/default/files/styles/akhbar-popup-no-zenlogo/public/photos/akhbar/huzurala-tus/2014-01/24151/31-01-2014-271326-img20140131103111.jpg?itok=Si432aRU|archive-date=7 March 2018|url-status=dead}}</ref><ref name=":19">{{cite web |author=<!-- Staff writer(s); No by-line. --> |date=28 February 2014 |title=Union Foreign Minister Salman Khurshid |url=http://www.afternoondc.in/city-news/union-foreign-minister-salman-khurshid/article_104192 |work=Afternoon Despatch & Courier |location=Mumbai}}</ref>
In April 2014, Khuzaima Qutbuddin filed action in the Mumbai High Court against the succession of Mufaddal Saifuddin.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/New-Syednas-uncle-takes-succession-row-to-Bombay-high-court/articleshow/33095107.cms?prtpage=1|title=New Syedna's uncle takes succession row to Bombay high court – The Times of India|website=The Times of India|date=2 April 2014 |access-date=19 July 2016}}</ref>
== Support for the claimants ==
=== Saifuddin ===
* Mohammed Burhanuddin died in January 2014. [[Mufaddal Saifuddin]] led the last rituals in which hundreds of thousands of Bohras joined.<ref>{{cite web |last=Pinglay-Plumber |first=Prachi |date=18 January 2014 |title=The Last Glimpse |url=http://www.outlookindia.com/article.aspx?289229 |access-date=1 March 2014 |work=[[Outlook (Indian magazine)|Outlook]]}}</ref> 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".<ref name="trouble" />
* Around 90%<ref name="Johari">{{Cite web |last=Johari |first=Aarefa |title=A year after leader's death, Bohra Muslims stand divided and waiting for a legal verdict |date=7 January 2015 |url=http://scroll.in/article/699054/a-year-after-leaders-death-bohra-muslims-stand-divided-and-waiting-for-a-legal-verdict |access-date=4 September 2016 |language=en-US}}</ref> majority of the community support Mufaddal Saifuddin as the rightful leader of 2.5 million Dawoodi Bohras living in 100 countries.<ref>{{Cite web |title=TheMuslim500-2016v009 |url=http://themuslim500.com/downloads/151001-TheMuslim500-2016v009(23%7C48)-Web-Low.pdf |url-status=dead |archive-url=https://web.archive.org/web/20160126065025/http://themuslim500.com/downloads/151001-TheMuslim500-2016v009(23%7C48)-Web-Low.pdf |archive-date=26 January 2016}}</ref>
* 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 Burhanuddin'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".<ref name=":19" />
* A number of prominent personalities offered their condolences to Mufaddal Saifuddin as Mohammed Burhanuddin's son and successor.<ref name=":17" /><ref name=":33" /><ref name=":19" />
* 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 [been] reaffirmed … on many occasions".<ref name="Press Conference">{{cite web |last=Vargese |first=Philip |date=31 January 2014 |title=50k Dawoodi Bohras gather at Azad Maidan |url=http://afternoondc.in/city-news/50k-dawoodi-bohras-gather-at-azad-maidan/article_102015 |access-date=28 February 2014 |website=Afternoon Despatch & Courier |location=Mumbai}}</ref>
* 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'.<ref name="protest">{{cite web |author=<!-- Staff writer(s). --> |date=26 January 2014 |title=Bohras protest Syedna's half-brother's claim |url=http://timesofindia.indiatimes.com/city/bhopal/Bohras-protest-Syednas-half-brothers-claim/articleshow/29391867.cms |work=[[The Times of India]] |publisher=[[The Times Group]]}}</ref><ref>{{cite web |author=<!--Staff writer(s). --> |date=28 January 2014 |title=Dawoodi Bohras expresssolidarity with Dai-al-Mutlaq |url=http://timesofindia.indiatimes.com/city/surat/Dawoodi-Bohras-express-solidarity-with-Dai-al-Mutlaq/articleshow/29484841.cms |work=[[The Times of India]] |publisher=[[The Times Group]]}}</ref>
* Professors and students and teachers of the 200-year-old Arabic teaching academy in Surat and its branches and various state heads have recognized Mufaddal Saifuddin as the successor.<ref>{{Cite web |date=19 March 2015 |title=Request community to maintain calm: Bombay High Court to parties {{!}} Latest News & Updates at Daily News & Analysis |url=http://www.dnaindia.com/mumbai/report-request-community-to-maintain-calm-bombay-high-court-to-parties-2070007 |access-date=4 September 2016 |language=en-US}}</ref>
=== Qutbuddin ===
* The former Chief Justice of India, [[Aziz Mushabber Ahmadi|AM Ahmadi]], in his personal stand, accepted [[Khuzaima Qutbuddin]] as the rightful successor. As per report, Ahmadi also said that he "examined the documents and believe that Qutbuddin's stand of the 53rd Dā'ī is principled" in his opinion.<ref name="hindustantimes">{{cite web |last=Variyar |first=Mugdha |date=31 January 2014 |title=Dawoodi Bohra succession issue: former chief justice pledges allegiance to Syedna's uncle – Hindustan Times |url=http://www.hindustantimes.com/india-news/dawoodi-bohra-succession-issue-former-chief-justice-pledges-allegiance-to-syedna-s-uncle/article1-1178939.aspx |url-status=dead |archive-url=https://web.archive.org/web/20140201022231/http://www.hindustantimes.com/india-news/dawoodi-bohra-succession-issue-former-chief-justice-pledges-allegiance-to-syedna-s-uncle/article1-1178939.aspx |archive-date=1 February 2014 |access-date=2 April 2014 |work=Hindustan Times |publisher=HT Media |location=Mumbai}}</ref>
* Abdeali Qutbuddin, son of Khuzaima Qutbuddin, claimed that they have around 450,000 (450,000) followers.<ref name="MumabiMirror" />
* Other sources state that his support ranges from as much as 500 people.<ref name="Johari" />
* The faction supporting Mufaddal Saifuddin as the Dā'ī,<ref name="howchosen" />{{better source needed|date=November 2014}} has [[excommunication|excommunicated]] Qutbuddin and his followers.<ref>{{cite web |date=31 January 2014 |title=Bohras make anti-Syedna faction's ex-communication official, stick by Mufaddal Saifuddin |url=http://www.dnaindia.com//mumbai/report-bohras-make-anti-syedna-faction-s-ex-communication-official-stick-by-mufaddal-saifuddin-1958375 |access-date=30 June 2014 |website=[[Daily News and Analysis]]}}</ref> However, there is no official confirmation from the community on the alleged ex-communication while the progressive members have called a ban on this practice citing it illegal.<ref name="illegal">{{cite web |date=23 January 2014 |title=Social boycott of Khuzaima Qutbuddin oppressive, say progressive Bohras seeking its complete ban – Latest News & Updates at Daily News & Analysis |url=http://www.dnaindia.com/mumbai/report-social-boycott-of-khuzaima-qutbuddin-oppressive-say-progressive-bohras-seeking-its-complete-ban-1955460}}</ref>
=== Un-decided ===
{{POV section|date=December 2014}}
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 Burhanuddin's family. The Progressives' Central Board warned the claimants that they would be "consigned to the [[Ash heap of history|dustbins of history]]" if they do not adapt and act more fairly.<ref name="Press Conference" /> Several community members interviewed welcomed the court action as they looked forward to corruption in the community being exposed.<ref name="scroll">{{cite web |last=Johari |first=Aarefa |date=2 April 2014 |title=As Bohra succession battle heads to court, support for challenger gathers steam |url=http://scroll.in/article/660414 |website=Scroll.in}}</ref>
''[[The Times of India]]'' reported that "most Dawoodi Bohra back Burhanuddin's second son, Mufadda Saifuddin, and hold him as its 53rd spiritual leader".<ref>{{cite web |last=Wajihuddin |first=Mohammed |date=12 March 2014 |title=The late Syedna wanted his half-brother to succeed him |url=http://timesofindia.indiatimes.com/city/mumbai/The-late-Syedna-wanted-his-half-brother-to-succeed-him/articleshow/31863688.cms |work=The Times of India |publisher=[[The Times Group]] |location=Mumbai}}</ref> 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.<ref name="Mumbai Mirror">{{cite web |last=Punwani |first=Jyoti |date=19 February 2014 |title=Bohras who refuse to denounce Qutbuddin face boycott, threats |url=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 |access-date=4 April 2014 |work=Mumbai Mirror |publisher=[[The Times Group]]}}</ref> 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 [http://www.mumbaimirror.com/mumbai/cover-story/Disquiet-among-Bohras/articleshow/42292382.cms Disquiet among Bohras] However, the neutrality of this survey poll has been disputed<ref name=":6">{{Cite web |date=29 October 2014 |title=When polls mislead |url=http://mzs2cents.blogspot.in/2014/11/when-polls-mislead.html?m=1 |access-date=15 November 2016 |website=mzs2cents.blogspot.in}}</ref> citing reasons that it was carried out by an anonymous group, where the majority of the respondents were not Bohras, and it did not get any statistics from the Dawoodi Bohra head office in [[Mumbai]]. The survey was carried out by 399 respondents (0.0004% of community) from which a majority of respondents did not belong to the Dawoodi Bohra community, thus questioning the bias and validity of the report. Further, the article that was published in the [[Hindustan Times]] and the [[Mumbai Mirror]] had contradictory results with glaring dissimilarities among poll statistics,<ref name=":6" /> whereas the same media outlets had previously published that hundreds of thousands had gathered in support of Mufaddal Saifuddin,<ref>{{Cite news |title='We've lost our father today' – Mumbai Mirror - |newspaper=Mumbai Mirror |url=http://mumbaimirror.indiatimes.com/mumbai/other/Weve-lost-our-father-today/articleshow/28979465.cms? |access-date=15 November 2016}}</ref><ref name=":3" /> once again questioning the validity of the survey.<ref name=":6" />
== Historical significance ==
The issue is also historic in the sense that similar [[Dawoodi Bohra#Intra-Bohra schisms|case]] was put up in the court of Mughal emperor [[Akbar]], in year 1591AD, where succession was challenged.<ref>[https://www.hindustantimes.com/kolkata/unique-case-from-akbar-s-court-in-1591-to-bombay-hc/story-u4QNPgu4wyYETNUSa2mjVN.html]; Unique case: From Akbar's court in 1591 to Bombay HC</ref> There is also a unique case ([[Chandabhoy Galla Case]]) filed in the British time court in Mumbai, in 1917 and decided in 1921, where claim was based on modality of succession earlier done. In both of these cases the challenger was defeated, [[Dawood Bin Qutub]] remained Dai in 1591AD<ref>[https://web.archive.org/web/20010210004257/http://www.bohra.net/archive/ahmedabad.html]; History of Duat Mutlakin's of Ahmedabad</ref> and, ownership of the Chandabhoy Galla remained with Taher Saifuddin.<ref>[https://books.google.com/books?isbn=0857735268]; History A Modern History of the Ismailis: Continuity and Change in a Muslim Community; edited by Farhad Daftary 2010 – Social Science; 'legal battle with dissidents:-chandbhai case,
internal dissent: legitimacy of nass on abdul qadi nazmuddin –nazim dai 50 yearts'</ref>
== 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.<ref>{{cite web|url=http://fatemidawat.com/news-and-events/press/|title=PUBLIC NOTICE: 17th January 2014|date=17 January 2014|work=Fatemi Dawat|author=Khuzaima Qutbuddin|access-date=17 April 2014|archive-url=https://web.archive.org/web/20140318034053/http://fatemidawat.com/news-and-events/press/|archive-date=18 March 2014|url-status=dead}}</ref> Qutbuddin filed petitions against Saifuddin 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<ref name="MumabiMirror">{{cite news|url=http://www.mumbaimirror.com/mumbai/others/Sons-loyalists-knock-doors-at-night-for-support/articleshow/29369431.cms|title=Son's loyalists knock doors at night for support|last=Sadhwani|first=Yogesh|date=25 January 2014|newspaper=[[Mumbai Mirror]]|access-date=12 March 2014}}</ref><ref>{{cite news|url=http://www.dnaindia.com/mumbai/report-succession-war-breaks-out-in-syedna-mohammed-burhanuddin-s-family-1954417|title=Succession war breaks out in Syedna Mohammed Burhanuddin's family &#124; Latest News & Updates at Daily News & Analysis|date=21 January 2014|newspaper=[[Daily News and Analysis|Dnaindia.com]]|author=DNA Correspondent|access-date=23 March 2014}}</ref>
=== UK Charity Commission ===
In May 2014, Khuzaima Qutbuddin approached the UK Charity Commission<ref name=":35">{{Cite web|url=https://www.gov.uk/government/organisations/charity-commission|title=The Charity Commission – GOV.UK|website=www.gov.uk|access-date=27 August 2016}}</ref> claiming that there was no valid appointee as the Da'i al-Mutlaq. On 15 August 2014, the UK Charity Commission<ref name=":35" /> altered their position in favour of Mufaddal Saifuddin. The commission established that there is someone in office, albeit that their position is being challenged. They also stated in writing, that "our view is therefore that His Holiness Syedna Mufaddal Saifuddin is the current incumbent of the office of Dai al-Mutlaq."<ref name=":34" /> They further stated that Mufaddal Saifuddin can continue to administer the Charity until the outcome of the Bombay High Court case is known.<ref name=":34" />
== Bombay High Court Suit No. 337 of 2014 ==
The late Mohammed Burhanuddin'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.<ref name="mumbaimirror1" />
Justice SJ Kathawala of the Bombay High Court [[judicial disqualification|recused]] himself from hearing the suit filed by Qutbuddin as he had appeared for the Mohammed Burhanuddin in the past, creating a conflict of interest. The Lawyers appearing for Saifuddin had no objection to Justice SJ Kathawala from hearing the suit, however Qutbuddin's lawyer Mr Kadam requested the judge to recuse himself from the case.<ref name=":36">{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Religious-matters-must-not-come-to-court-HC-judge/articleshow/33411113.cms|title=Religious matters must not come to court: HC judge |website=[[The Times of India]]|date=8 April 2014 |access-date=2 September 2016}}</ref> This delayed the suit before being placed before Justice Gautam Patel at the High Court.<ref name=":36" /><ref>{{cite web|url=http://www.dnaindia.com/mumbai/report-bombay-high-court-judge-recuses-himself-from-hearing-syedna-successor-row-1976144|title=Bombay high court judge recuses himself from hearing Syedna successor row|date=8 April 2014|website=DNA|publisher=Diligent Media Corporation|author=<!-- Staff writer(s) -->|access-date=9 April 2014}}</ref>
Qutbuddin sought relief including entry to Saify Mahal, the house of the community leader, filed a 700-page suit asking the court to restrain Mufaddal Saifuddin to act as the Da'i al-Mutlaq. In reply to the suit, defendant Mufaddal Saifuddin filed a detailed 494-page affidavit on 23 April 2014.<ref name=":111">{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/High-Court-willing-to-hold-daily-trial-in-Syedna-lawsuit/articleshow/36676279.cms|title=High Court willing to hold daily trial in Syedna lawsuit – Times of India|website=[[The Times of India]]|date=17 June 2014 |access-date=2 September 2016}}</ref> Justice Patel said it would be better to hold the trial rather than decide on interim relief.<ref name=":111"/> The Bombay High Court later agreed that it is willing to conduct a speedy, day-to-day trial<ref name=":111"/>
=== Framing of Issues ===
In September 2014, the court had framed issues in the matter, where each side will have to prove he was conferred valid nass, or the official declaration of succession.<ref>{{Cite web|url=http://www.hindustantimes.com/mumbai/bohra-succession-row-hc-to-judge-if-qutbuddin-can-prove-anointment/story-OQA3x20XwOxDrcfwxw3LbL.html|title=Bohra succession row: HC to judge if Qutbuddin can prove anointment|date=15 September 2014|access-date=2 September 2016}}</ref> The matter was then fixed for 11 December 2014, to determine the admissibility of the documents placed on record by both sides.<ref>{{Cite news |archive-date=18 Sep 2020 |archive-url=https://web.archive.org/web/20200918173424/http://www.pressreader.com/india/hindustan-times-st-mumbai/20141111/281951721106680 |url=http://www.pressreader.com/india/hindustan-times-st-mumbai/20141111/281951721106680 |title=Syedna Row: File documents on succession in a week, says HC |date=11 Nov 2014 |publisher=[[Hindustan Times]] |language=en |access-date=22 July 2023 |via=[[PressReader]] |url-status=live}}</ref> The issues framed on 15 September 2014 in Suit No. 336 of 2014 were:
* What are the requirements of a valid Nass as per the tenets of the faith?<ref name=":37">{{Cite web|url=http://fatemidawatlegal.com/all/bombay-high-court-declaratory-suit-update-15th-september-2014/|title=Bombay High Court Declaratory Suit Update: 15th September 2014 {{!}} Fatemi Dawat Legal|website=fatemidawatlegal.com|access-date=2 September 2016|archive-url=https://web.archive.org/web/20160920005820/http://fatemidawatlegal.com/all/bombay-high-court-declaratory-suit-update-15th-september-2014/|archive-date=20 September 2016|url-status=dead}}</ref>
* Whether the Plaintiff proves that a valid Nass was conferred/pronounced on him as stated in the Plaint?
* Whether a Nass once conferred cannot be retracted or revoked or changed or superseded?
* Whether the Defendant proves that a valid Nass was conferred on him by the 52nd Dai: On 28 January 1969, in the year 2005, on 4 June 2011, On 20 June 2011 as stated in the written statement and if the answer is in the negative then whether any Nass proved on the Defendant as above consequently amounts to a retraction or revocation or change or supersession of any Nass previously conferred on the Plaintiff by the 52nd Dai?<ref name=":37" />
The case began with the new judge asking Qutbuddin, what requirements had to be fulfilled for "pronouncing a Syedna's successor", such as witnesses, publicity and acceptance by the community.<ref name=":05" /> He also asked Qutbuddin to spell out what he did to establish his right as the spiritual head since 2011 when his nephew was publicly pronounced the successor by the late Mohammed Burhanuddin.<ref name=":05">{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Spell-out-steps-you-took-to-be-spiritual-head-since-2011-Bombay-HC-tells-Syednas-uncle/articleshow/34390197.cms|title=Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna's uncle – Times of India|website=[[The Times of India]]|date=30 April 2014 |access-date=2 September 2016}}</ref> This followed a reply from Saifuddin's attorney and the Mohammed Burhanuddins eldest son [[Qaidjoher Ezzuddin]], which contested Qutbuddin's claim.<ref name="Sequeira">{{cite web|url=http://timesofindia.indiatimes.com/city/mumbai/Spell-out-steps-you-took-to-be-spiritual-head-since-2011-Bombay-HC-tells-Syednas-uncle/articleshow/34390197.cms|title=Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna's uncle|last=Sequeira|first=Rosy|date=29 April 2014|publisher=[[The Times Group]]|location=Mumbai|work=[[The Times of India]]}}</ref><ref name="howchosen">{{cite news|url=http://indianexpress.com/article/cities/mumbai/how-is-syedna-chosen-hc-wants-to-know/|title=How is Syedna chosen? HC wants to know|date=30 April 2014|newspaper=The Indian Express}}</ref>
On behalf of Mufaddal Saifuddni, Ezzuddin stated that there was "overwhelming evidence" that Saifuddin was chosen by the late Dai to be his successor and between 2011 when he was appointed the successor and in January 2014 when the 52nd Dai died – Saifuddin "operated within the community as the successor designate". Also, after his father's demise, Saifuddin was given misaq (oath of allegiance) by 500 Jamaats all over the world and high dignitaries.<ref name=":05"/>
"As per court proceedings, 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'."<ref name="Sequeira" />
Qutbuddin alleged that "[s]ince 1980, defendant (Saifuddin) and his family implemented a devious scheme to malign him"<ref>{{cite news|url=http://www.mid-day.com/articles/qutbuddin-tells-hc-that-syedna-had-appointed-him-as-successor/16172176|title=Qutbuddin tells HC that Syedna had appointed him as successor|date=29 April 2015|work=[[Mid-Day]]|access-date=3 May 2015}}</ref> Justice Patel declined Kadam's plea to pass an order for access to Qutbuddin to his office in Saify Mahal and his apartment at Al Azhar. "They say they are not preventing you," said Justice Patel.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Spell-out-steps-you-took-to-be-spiritual-head-since-2011-Bombay-HC-tells-Syednas-uncle/articleshow/34390197.cms|title=Spell out steps you took to be spiritual head since 2011, Bombay HC tells Syedna's uncle – Times of India|website=[[The Times of India]]|date=30 April 2014 |access-date=7 September 2016}}</ref>
=== Cross-examination of The Planitiff Petitioner ===
'''Cross-examination of Khuzaima Qutbuddin (Plaintiff) (PW1)'''
The cross examination of Qutbuddin commenced on 27 April 2015. with Qutbuddin taking to the witness box<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/HC-restricts-entry-in-Syedna-succession-row-trial/articleshow/46607963.cms|title=HC restricts entry in Syedna succession row trial – Times of India|website=[[The Times of India]]|date=18 March 2015 |access-date=4 September 2016}}</ref> eight times until his death.
'''1) 27 April 2015:''' Qutbuddin claimed that there were indications of support from his siblings, however none of his 20 siblings openly supported him, nor did they give their Mithaq to him.<ref>{{Cite web|url=http://indianexpress.com/article/cities/mumbai/dawoodi-bohras-syedna-challenger-appears-in-hc-claims-support/|title=Dawoodi Bohras: Syedna challenger appears in HC, claims support|date=28 April 2015|access-date=4 September 2016}}</ref>
Saifuddin's counsel Iqbal Chagla questioned Qutbuddin on the meaning of various terminologies used in the community and degrees for knowledge of scriptures awarded by [[Al Jamea tus Saifiyah]] and conferred by the Dai. Qutbuddin admitted to being conferred the degree of ''Al Aleem Al Bare'' (The Outstanding Scholar) by his father, Taher Saifuddin but denied he was conferred any degree by his late brother Mohammed Burhanuddin.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Siblings-silently-back-me-for-title-Syednas-kin/articleshow/47077519.cms|title=Siblings silently back me for title: Syedna's kin – Times of India|website=[[The Times of India]]|date=28 April 2015 |access-date=4 September 2016}}</ref> This was to bring forth his knowledge of Islamic studies and degrees being conferred by the principal of the Dawoodi Bohra community's educational institute.<ref>{{Cite web|url=http://www.dnaindia.com/mumbai/report-none-of-my-siblings-openly-support-my-claim-to-being-the-53rd-syedna-khuzaima-qutbuddin-2081251|title=None of my siblings openly support my claim to being the 53rd Syedna: Khuzaima Qutbuddin {{!}} Latest News & Updates at Daily News & Analysis|date=28 April 2015|language=en-US|access-date=7 September 2016}}</ref> Qutbuddin also told the court that the highest title is the ''Umdat al Ulama al Muwahhadeen'' (support of unparalleled scholar), which was given to Burhanuddin by the 51st dai.<ref name=":211" />
Qutbuddin claimed that he did not challenge Saifuddin's claims at the time because he (Qutbuddin) had been asked to maintain his appointment in confidence by Mohammed Burhanuddin. He prayed and hoped that "Syedna Burhanuddin Saheb would recover and set the position right in the manner he deemed appropriate".<ref name=":211">{{Cite web|url=http://www.dnaindia.com/mumbai/report-none-of-my-siblings-openly-support-my-claim-to-being-the-53rd-syedna-khuzaima-qutbuddin-2081251|title=None of my siblings openly support my claim to being the 53rd Syedna: Khuzaima Qutbuddin {{!}} Latest News & Updates at Daily News & Analysis|date=28 April 2015|language=en-US|access-date=4 September 2016}}</ref>
'''2) 28 April 2015:''' Qutbuddin admitted to being informed that a ''majlis'' was to be held on 6 June 2011 at Saifee Masjid and the reason for it. When asked what the reason for the ''majlis'' was, Qutbuddin replied,"The majlis was because His Holiness' health was not good and an announcement was to be made of the alleged nass conferred on the defendant (Saifuddin)."<ref name=":38">{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Prayed-for-long-life-of-Syedna-Half-brother-tells-HC/articleshow/48273001.cms|title=Prayed for long life of Syedna : Half-brother tells HC – Times of India|website=[[The Times of India]]|date=29 July 2015 |access-date=4 September 2016}}</ref> He admitted to drinking the celebratory sherbet offered. "That was routine," said Qutbuddin. When asked if the majlis had been convened for condolence, would sherbet have been offered, he replied,"No." He added that the ''majlis'' was not a condolence meeting. "I did, in fact, pray for the long life of the Syedna," he said.<ref name=":38" />
Qutbuddin also said that two attempts were made to kill him; first in Indore during Muharram and the second in Yemen,<ref>{{Cite web|url=http://www.newindianexpress.com/thesundaystandard/Kin-Clash-Over-Control-on-Rich-Dawoodi-Bohra-Community/2015/08/23/article2988141.ece|archive-url=https://web.archive.org/web/20150824085831/http://www.newindianexpress.com/thesundaystandard/Kin-Clash-Over-Control-on-Rich-Dawoodi-Bohra-Community/2015/08/23/article2988141.ece|url-status=dead|archive-date=24 August 2015|title=Kin Clash Over Control on Rich Dawoodi Bohra Community|access-date=4 September 2016}}</ref> however, he named no suspects, nor dates, in court.<ref name="courtapril27">{{cite web|url=http://www.rediff.com/news/special/court-battle-lays-bare-inner-intrigues-of-bohras-priestly-family/20150428.htm|title=Court battle lays bare inner intrigues of Bohras' priestly family|date=30 April 2015|work=[[Rediff.com]]|access-date=3 May 2015}}</ref>
'''3) 29 July 2015:''' Qutbuddin said that he was referred to as ''al Walad al Ahabb,'' meaning the 'beloved son'. According to him, this carried the meaning that he was the successor. Counsel Iqbal Chagla, however, suggested to him that one Hussain Dawoodbhai of Sri Lanka was also referred to as ''al Walad al Ahabb''. Qutbuddin alleged that the meaning may be the same but the context was different.<ref>{{Cite web|url=http://dnasyndication.com/showarticlerss.aspx?nid=ZZXvspMsMOCU1SgaITYLM8ZGplAN5KAi0wkQGEuEWEE=|title='Attended majlis where successor was announced' – Mumbai – News {{!}} News Syndication {{!}} Content Syndication|website=dnasyndication.com|access-date=4 September 2016}}</ref><ref>{{Cite web|date=2016-10-09|title='Attended majlis where successor was announced' - Mumbai - News {{!}} News Syndication {{!}} Content Syndication|url=http://dnasyndication.com/showarticlerss.aspx?nid=ZZXvspMsMOCU1SgaITYLM8ZGplAN5KAi0wkQGEuEWEE=|access-date=2020-11-09|archive-url=https://web.archive.org/web/20161009084516/http://dnasyndication.com/showarticlerss.aspx?nid=ZZXvspMsMOCU1SgaITYLM8ZGplAN5KAi0wkQGEuEWEE=|archive-date=9 October 2016}}</ref>
Qutbuddin also confirmed that shortly after Mohammed Burhanuddin's stroke in 2011, he had called Qaidjoher Ezzuddin in London to wish Burhanuddin and his successor.<ref>{{Cite web|url=http://www.hindustantimes.com/mumbai/talk-of-rift-among-bohras-over-syedna-s-successor/story-cb4UkDJk2lUM1JD3RkHUkJ.html|title=Talk of rift among Bohras over Syedna's successor|date=15 April 2013|access-date=5 September 2016}}</ref>
'''4) – 31 July 2015:''' Qutbuddin told Court he was very hurt at being prevented from visiting Raudat Tahera. Chagla asked him if there has been a single instance when he was prevented. Qutbuddin replied that he had sent his sons to visit the mausoleum a few months ago. "They were actually beaten and pushed away.<nowiki>''</nowiki> he said. But Chagla asked, "Have you personally been prevented from visiting the Raudat Tahera?<nowiki>''</nowiki>. He replied "I did not go because my security advised me not to do so.". When Chagla asked if the statement that he was prevented from visiting is incorrect, Qutbuddin said, "I don<nowiki>'t agree. I stand by my statement.''</nowiki><ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Im-hurt-at-being-barred-from-mausoleum-Syednas-uncle/articleshow/48302656.cms|title=I'm hurt at being barred from mausoleum: Syedna's uncle – Times of India|website=[[The Times of India]]|date=August 2015 |access-date=4 September 2016}}</ref>
Counsel Iqbal Chagla, showed several documents to Qutbuddin and sought his reply on whether those were written by the 52nd Dai and whether he recognized it. To some he accepted and to some he replied in the negative or sought to study them.<ref>{{Cite web|url=http://www.dnaindia.com/mumbai/report-challenger-to-syedna-post-claims-he-can-t-enter-raudat-tahera-2109976|title=Challenger to Syedna post claims he can't enter Raudat Tahera {{!}} Latest News & Updates at Daily News & Analysis|date=1 August 2015|language=en-US|access-date=4 September 2016}}</ref>
'''5) – 3 August 2015:''' Qutbuddin claimed that even his father, Taher Saifuddin, had viewed him as a successor.<ref>{{Cite web|url=http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=Even-my-father-viewed-me-as-a-successor-04082015005015|archive-url=https://web.archive.org/web/20160916161734/http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=Even-my-father-viewed-me-as-a-successor-04082015005015|url-status=dead|archive-date=16 September 2016|title=The Times Group|website=epaperbeta.timesofindia.com|access-date=4 September 2016}}</ref> In an earlier hearing, he alleged that Mohammed Burhanuddin had appointed him as the ''Mazoon'' and gave a sermon, at that time he said 'I was a beloved son', and this carried the meaning that he was his successor. He again reiterated the same thing by saying that it is correct that his appointment as Mazoon was done in a public sermon by the 52nd Dai.<ref name=":44">{{Cite web|url=http://afternoondc.in/city-news/syedna-burhanuddin-said-i-am-beloved-son-says-qutbuddin-during-cross-examination/article_145524|title=Syedna Burhanuddin said I am beloved son, says Qutbuddin during cross-examination|website=afternoondc.in|access-date=4 September 2016}}</ref>
'''6) – 4 August 2015:''' Qutbuddin was asked about the exact phrase used by Mohammed Burhanuddin in his sermon on 10 December 1965 and when according to him, he said that you are his beloved son? Qutbuddin replied, "Al-waladul-ahabb."<ref name=":44"/> Chagla asked him whether the translation of Al-walad ul-ahabb meant ''the'' beloved son or ''my'' beloved son. Qutbuddin maintained it meant  ''my'' beloved son. He was then shown paragraph 28 (a) at page 64 of his plaint where it stated "my [lit. 'the'] beloved son". Qutbuddin was questioned as to what the meaning of [lit. 'the'] was and whether he agreed that the meaning of the phrase was in fact ''the'' beloved son. Qutbuddin said that he was confused as to why he said "my" when the translation provided by his son in the plaint stated the words "[lit. 'the']". When asked whether the translation done in the plaint was incorrect, he said he was confused.<ref>{{Cite journal|date=10 April 2016|title=Fateh Mubeen Exhibition|journal=معرض الفتح المبين}}</ref> Around more than 400 questions were asked in which the examination centered around the sermon of 52nd Dai which mentioned the word "beloved son".<ref name=":44" />
'''7) 24 August 2015:''' Chagla asked Qutbuddin whether Mufaddal Saifuddin and his brothers were his pupils in matters of "spiritual guidance ". He replied, "Not regularly. But only once in a while". When asked how often, he replied, "They were regular during one period of time but not later." He said Burhanuddin sent his sons to him and this was for about ten years during his reign. While he could not remember the exact period they were his pupils, Qutbuddin added that they came to him from the time of his father, the 51st Dai.
Qutbuddin later stated that "if not all then many" persons of higher spiritual value knew he was made the ''mansoos'' (successor) and even offered him ''sajda'' (prostration). He alleged that Saifuddin and his brothers used to offer him ''sajda''.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Nephew-was-my-student-Syednas-uncle-tells-HC/articleshow/48657792.cms|title=Nephew was my student, Syedna's uncle tells HC – Times of India|website=[[The Times of India]]|date=24 August 2015 |access-date=4 September 2016}}</ref> When asked whether ''sajda'' (physical prostration) could be offered to a person other than a dai, Qutbuddin said, "Sajda is offered only to a dai or the mansoos or to a person known as one who will succeed the dai." "I remember my sisters would sometimes do so (offer him sajda). I do not remember if my brothers did it".<ref>{{Cite web|url=http://www.dnaindia.com/mumbai/report-incumbent-syedna-his-brothers-were-my-pupils-for-spiritual-learning-khuzaima-qutbuddin-2118053|title=Incumbent Syedna, his brothers were my pupils for spiritual learning: Khuzaima Qutbuddin {{!}} Latest News & Updates at Daily News & Analysis|date=25 August 2015|language=en-US|access-date=4 September 2016}}</ref>
'''8) 25 August 2015:''' Qutbuddin stated that '''i'''n the last years of his life, Mohammed Burhanuddin was not as mentally alert as he used to be. When advocate Iqbal Chagla asked whether Mohammed Burhanuddin was in full control of his mental and physical faculties till the end, Qutbuddin answered, "I felt and believed that his health had deteriorated during the last two and a half years of his life." He said Burhanuddin was "unable to function and carry out his activities as before."<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Late-Syedna-was-less-alert-in-sunset-years/articleshow/48672477.cms|title='Late Syedna was less alert in sunset years' – Times of India|website=[[The Times of India]]|date=26 August 2015 |access-date=4 September 2016}}</ref>
==== Status of case following the death of Khuzaima Qutbuddin (Plaintiff) ====
The hearings were later fixed from 22 April to 2 May 2016,<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/Bombay-high-court-fixes-fresh-trial-dates-in-Syedna-succession-row/articleshow/51286997.cms|title=Bombay high court fixes fresh trial dates in Syedna succession row – Times of India|website=[[The Times of India]]|date=7 March 2016 |access-date=4 September 2016}}</ref> however, after Khuzaima Qutbuddin's death on 30 March 2016, the Bombay High Court cancelled these two dates.<ref name=":53">{{Cite web|url=http://www.dnaindia.com/mumbai/report-bombay-high-court-cancels-cross-examination-of-khuzaima-qutbuddin-due-to-his-death-2199109|title=Bombay High Court cancels cross examination of Khuzaima Qutbuddin due to his death {{!}} Latest News & Updates at Daily News & Analysis|date=7 April 2016|language=en-US|access-date=4 September 2016}}</ref>
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.{{citation needed|date=March 2019}} As Fakhruddin intends to continue the case, it is likely that such an application would be made and the case would not abate.<ref name=":53"/> 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".<ref>{{cite web|url=http://timesofindia.indiatimes.com/city/mumbai/With-death-of-Syednas-uncle-his-succession-suit-abates-HC/articleshow/51717768.cms|title=With death of Syedna's uncle, his succession suit abates: HC|date=6 April 2016|author=Rosy Sequeira|work=The Times of India}}</ref>
On 4 July 2016, Taher Fakhruddin reported that he has written a letter to Mufaddal Saifuddin in which he mentions that he has filed a Chamber Summons in the Bombay High Court as the plaintiff in place of his late father Khuzaima Qutbuddin.<ref>{{cite web|url=http://www.newkerala.com/news/2016/fullnews-85865.html|title=Leadership tangle continues to dog Dawoodi Bohra community|date=4 July 2016|work=New Kerala}}</ref>
A senior counsel commented that the Da'i al-Mutlaq is not a hereditary title that can be passed on from a father to a son; it is an appointment that is made. This is the basis on which Khuzaima Qutbuddin had challenged the naming of Mufaddal Saifuddin as the 53rd Syedna. Taher Fakhruddin will have to prove that his father had been appointed as the Syedna, and only then can he claim the same.<ref>{{Cite web|url=http://www.mid-day.com/articles/following-khuzaima-qutbuddins-death-battle-for-supremacy-in-bohra-community-takes-a-new-turn/17096171|title=Following Khuzaima Qutbuddin's death, battle for supremacy in Bohra community takes a new turn|date=2 April 2016 |access-date=4 September 2016}}</ref> On 7 March 2017, Justice Patel allowed Taher Fakhruddin's plea to be substituted as plaintiff in this suit, stating that although Taher Fakhruddin was free to file a separate suit, including him in the current suit would save judicial time, money and valuable amounts of paper. The matter was set for direction on 25 April 2017.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/city/mumbai/bombay-hc-relief-for-rival-claimant-to-syedna-title/articleshow/57522940.cms|title=Bombay HC relief for rival claimant to Syedna title – Times of India|work=The Times of India|access-date=9 March 2017}}</ref><ref>{{Cite news|url=http://www.dnaindia.com/mumbai/report-fakhruddin-can-challenge-53rd-syedna-for-post-bombay-high-court-2345858|title=Fakhruddin can challenge 53rd Syedna for post: Bombay High Court {{!}} Latest News & Updates at Daily News & Analysis|date=8 March 2017|work=dna|access-date=9 March 2017|language=en-US}}</ref> The court then fixed the dates of 8, 11 and 12 December 2017 for the cross examination of Taher Fakhruddin.<ref>{{Cite web|url=http://fatemidawatlegal.com/all/bombay-high-court-october-30th-2017/|title=Bombay High Court October 30th 2017 {{!}} Fatemi Dawat Legal|website=fatemidawatlegal.com|language=en|access-date=5 December 2017|archive-url=https://web.archive.org/web/20171206140059/http://fatemidawatlegal.com/all/bombay-high-court-october-30th-2017/|archive-date=6 December 2017|url-status=dead}}</ref>
'''Cross-examination of Taher Fakhruddin (Petitioner) (PW2)'''
The cross examination of Taher Fakhruddin commenced on 8 December 2017.<ref name=":8">{{Cite news|url=http://www.firstpost.com/india/dawoodi-bohra-succession-case-live-updates-bombay-high-court-to-hear-case-on-8-11-and-12-december-4248371.html|title=Dawoodi Bohra Succession Case LIVE updates: Fakhruddin claims he received special knowledge meant for Dai from his father LIVE News, Latest Updates, Live blog, Highlights and Live coverage – Firstpost|date=8 December 2017|work=Firstpost|access-date=8 December 2017|language=en-US}}</ref>
'''8 December 2017:''' Anand Desai appeared for Taher Fakhruddin.  The petitioner submits letters as evidence. Examination-in-chief of Fakhruddin, Anand Desai cross examined Fakhruddin asking him the function of the ''mazoon mutlaq'' and ''mukasir'', to which he replied that "''Mazoon'' administers the oath to the believers, shows them the position of the Dai" and the "''mukasir'' does what the Dai wants them to do and that they don't have absolute authority". On the subject of ''nass'', Fakhruddin said there was no one prescribed method, but there must be a clear communication of ''nass'' in the form of a direct statement by the preceding dai to the one he confers the nass, or there must be an indication from the Dai. He further claimed that no witnesses were needed during ''nass,'' and there were historical precedents for a private ''nass''. He stated that a ''nass'' is irrevocable and final, "It can't be changed or superseded".<ref>{{Cite news|url=http://www.dnaindia.com/mumbai/report-battle-for-bohri-syedna-post-goes-to-bombay-high-court-2566160|title=Battle for Bohri Syedna post goes to Bombay High Court {{!}} Latest News & Updates at Daily News & Analysis|date=9 December 2017|work=dna|access-date=11 December 2017|language=en-US}}</ref> He was also asked as to what happens when a successor passes away before the dai. He added that 6th Dai told 7th dai whom to appoint as 8th Dai; and the 28th Dai appointed the 29th Dai in accordance with the wishes of the 27th Dai.<ref name=":8" /><ref>{{Cite web|url=http://www.freepressjournal.in/mumbai/i-have-special-knowledge-to-lead-bohras-syedna-to-bombay-high-court/1184117|title=I have special knowledge to lead Bohras: Syedna to Bombay High Court {{!}} Free Press Journal|website=www.freepressjournal.in|language=en-GB|access-date=11 December 2017}}</ref>
'''22 March 2018:''' Justice Patel commented on what appeared to be contradictions between Taher Fakhruddin's written submissions and his court testimony in regard to Taher Fakhruddin's statements that Queen [[Arwa al-Sulayhi]] was 'to be the single witness to the nass he conferred via the Sijil-ul-Bisharat.' This contradiction was pointed out three times, following which Justice Patel expressed his impatience with the slow pace of this case into its fourth year.<ref>{{Cite news|url=https://www.mid-day.com/articles/mumbai-high-court-judge-expresses-his-impatience-with-the-slow-pace-of-syedna-row/19228197|title=Mumbai: High Court judge expresses his impatience with the slow pace of Syedna row|date=22 March 2018|work=mid-day|access-date=22 March 2018}}</ref>
'''27 November 2018:''' The Plaintiff Taher Fakhruddin, filed Case No.2:18-cv00043-BCW in the United States District Court for the District of [[Utah]] Central Division on 16 January 2018.<ref>{{Cite web|url=https://www.courtlistener.com/docket/6290257/fakhruddin-saheb-v-saifuddin/|title=Docket for Fakhruddin Saheb v. Saifuddin, 2:18-cv-00043 - CourtListener.com|website=CourtListener|language=en-us|access-date=21 December 2018}}</ref> The Defendant filed a Notice of Motion for an anti-Suit injunction against the Plaintiff. The judge agreed to proceed with the case subject to that withdrawal being effected.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Notice of Motion No. 2318 of 2018 in Suit No. 337 of 2014</ref> The Plaintiff Taher Fakhruddin withdrew the Suit in the Utah District Court on 28 November 2018<ref>{{Cite web|url=https://www.pacermonitor.com/public/case/23496092/Fakhruddin_Saheb_v_Saifuddin|title=Fakhruddin Saheb v. Saifuddin (2:18-cv-00043), Utah District Court|website=www.pacermonitor.com|access-date=21 December 2018}}</ref> and confirmed that confirms no fresh proceedings will be initiated in any other Court anywhere in the world until final disposal of the present Suit.<ref name=":25">In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, Dated 4 December 2018.</ref>
His final cross examination was held on 28 and 29 January 2019.<ref name=":25" />
A cross examination of Professor [[Wilferd Madelung]] was scheduled from 11 to 15 March 2019,<ref>{{Cite news|url=https://www.business-standard.com/article/news-ani/dawoodi-bohra-succession-case-syedna-taher-fakhruddin-saheb-cross-examined-in-bombay-court-119013000096_1.html|title=Dawoodi Bohra succession case: Syedna Taher Fakhruddin Saheb cross-examined in Bombay court|date=30 January 2019|work=Business Standard India|access-date=25 March 2019}}</ref> however, he was unable to attend and the cross examination of 'PW4' was scheduled for 25 and 26 April 2019.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 7 March 2019</ref> He later withdrew from the case and a new foreign witness was arranged to testify on 25 September 2019.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 22 August 2019</ref> This was later rescheduled for direction on 5 November 2019.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 25 September 2019</ref>
'''Cross-examination of Devin Stewart (PW3)'''
The plaintiffs contacted Professor [[Devin J. Stewart]], Professor of Arabic and Islamic Studies at Emory University, for his opinion on their claims. He submitted his opinions in an affidavit on 15 July as PW3.<ref name=":32">{{Cite web|url=https://indianexpress.com/article/cities/mumbai/plea-in-bombay-hc-on-leadership-of-dawoodi-bohra-sect-american-expert-examined-6141871/|title=Plea in Bombay HC on leadership of Dawoodi Bohra sect: American expert examined|date=29 November 2019|website=The Indian Express|language=en-IN|access-date=29 November 2019}}</ref> His testimony took place from 29 November to 5 December 2019.<ref>{{Cite web|url=https://mumbaimirror.indiatimes.com/mumbai/other/a-difficult-and-tricky-test/articleshow/72421406.cms|title=A difficult and tricky test|last1=Ghosh|first1=Labonita|date=8 December 2019|website=Mumbai Mirror|language=en|access-date=8 December 2019}}</ref> Stewart was asked around 80 questions on the topic of Imamate and ''nass''. He stated that the ''nass'' of the 12th Imam, and 20th Imam took place without any witnesses, and in the case of Arwa al-Sulayhi, she is considered a witness because she received a letter informing her about the appointment.<ref name=":32" /><ref>{{Cite web|url=https://udaipurtimes.com/news/dawoodi-bohra-succession-case-independent-witness-stewart/c74416-w2859-cid260474-s10698.htm|title=Dawoodi Bohra Succession Case {{!}} Independent Witness Testimony concludes|date=2019-12-05|website=udaipurtimes.com|language=en|access-date=2019-12-09}}</ref> He reiterated the plaintiff's stance that ''nass'' is irrevocable and requires no witnesses.<ref name=":32" />
'''Cross-examination of Husain Qutbuddin (PW4)'''
The cross examination of Husain Qutbuddin took place on 23, 24, 27 and 28 January 2020, and later on 18 and 20 February 2020.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014. Coram: G.S. Patel. 6 December 2019</ref><ref>{{Cite web|url=https://www.fatemidawat.com/news/announcements-overview/legal-update-january-2020|title=Fatemi Dawat {{!}} Legal Update - January 2020|website=www.fatemidawat.com|access-date=2020-02-13}}</ref>
=== Cross-examination of the defendants ===
On 27 January, Justice Patel asked Senior Counsel Mr. Iqbal Chagla to submit the Defendant's list of witnesses, with a view to beginning cross-examination of the Defendant and their witnesses in April 2020.<ref>{{Cite journal|date=14 February 2020|title=Sijill: Jumad al Ukhra 1441H - Syedna Qutbuddin RA Urus|journal=Sijill - Fatemi Dawat}}</ref> The lawyers appearing for Mufaddal Saifuddin confirmed that he will not be appearing as a witness.<ref>{{Cite web|date=2020-02-28|title=Dawoodi Bohra Succession row: Mufaddal Saifuddin won't testify first|url=https://www.mid-day.com/articles/dawoodi-bohra-succession-row-mufaddal-saifuddin-wont-testify-first/22646324|access-date=2020-03-03|website=mid-day|language=en}}</ref>
'''Cross-examination of Dr Omar Malik (DW1)'''
Dr Omar Malik was the neurologist who treated Mohammed Burhanuddin in London after he suffered a stroke. His cross-examination took place from 2 to 4 February 2021. Due to the <nowiki>[[COVID-19 pandemic]]</nowiki>, the Bombay High Court set up a video link for his cross-examination at the International Dispute Resolution Centre ([[International Dispute Resolution Centre|IDRC]]) in London.<ref name=":39">{{Cite web|title=Latest Update|url=https://fatemidawatlegal.com/latest-update/|access-date=2021-03-28|website=Fatemi Dawat Legal|language=en-US}}</ref> Dr Malik was questioned about his affidavit in which he stated that he had no doubt that Mohammed Burhanuddin was capable of communicating his wishes and instructions during his stay at the hospital.<ref name=":15" /> Two London based firms, CMS represented the plaintiff and Herbert Smith Freehills LLP represented the defendant.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 2 February 2021</ref>
'''Cross-examination of Dr John Costello (DW2)'''
The cross-examimation of Dr John Francis Costello;<ref name=":41" /> Consultant in Respiratory Medicine took place on 30 and 31 March 2021.<ref name=":40">In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 31 March 2021</ref> Some of the questions concerned to the [[Glasgow Coma Scale]] in relation to Mohammed Burhanuddin's medical condition on 4 June 2011. Dr. Costello maintained that every time he saw the 52nd Dai he was fine, as his condition could vary every hour.<ref>{{Cite web|date=2021-04-02|title=Dawoodi Bohra Succession - Defendant's witness' face the heat in video hearing on 30–31 March|url=https://udaipurtimes.com/people/dawoodi-bohra-succession-dr-costello-syedna-mufaddal/cid2597121.htm|access-date=2021-04-05|website=udaipurtimes.com|language=en-IN}}</ref>
'''Cross-examination of Abdul Quadir Nooruddin (DW3)'''
The cross-examination of Abdul Qadir Nooruddin (DW3) was scheduled for 9, 10 & 11 June 2021<ref name=":40" /> but later deferred due to the pandemic-related restrictions.<ref name=":43">In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 7 June 2021</ref> The Defendant also filed an application in relation to some news reports, which was listed on 21 June 2021.<ref name=":43" />
'''21 June 2021:''' The court called upon petitioner in the case Taher Fakhruddin Saheb and online publication Udaipur Times (UT) to explain how access to trial records pertinent to the case was made available to the media. In his order, Justice Patel demanded a personal explanatory affidavit from the plaintiff with an appropriately worded apology and an undertaking. He also directed the plaintiff to personally remain present at the next online hearing.
Justice Patel admonished the plaintiff for "assuming it was perfectly all right to put these links on social media, when it was most emphatically not". "If the Plaintiff believes that a litigation like this is going to be more satisfactorily addressed on social media or in print media, he is welcome to invite a dismissal of his suit, one that I will accompany with an extremely significant order of costs," Justice Patel cautioned the plaintiff.
He also stated that since it was the plaintiff who had approached the Court, the plaintiff was "rigidly subject to the Court's discipline, procedure and rules". "It makes not the slightest difference who the Plaintiff is or he imagines himself to be," Justice Patel added. Justice Patel warned that if there was a single infraction after this, no matter how slight, he would initiate contempt proceedings against the plaintiff for "interfering with the administration of justice" and that he would immediately dismiss the suit with costs.<ref>{{Cite web|title=[Dawoodi Bohra suit] Reproductions of ongoing trials are not permitted and journalists are expected to know this: Bombay High Court|date=26 June 2021 |url=https://www.barandbench.com/news/litigation/justice-gautam-patel-bombay-high-court-udaipur-times-dawoodi-bohra-suit-plaintiff}}</ref>
'''On 14 July 2021:''' The Affidavit of the Plaintiff (Taher Fakhruddin) was affirmed overseas. for the Defendant. The affirmed copy is to be filed in the Registry on or before 23 July 2021.
Dr Birendra Saraf, Senior Advocate appeared for the 2nd Respondent, The Udaipur Times and submitted an affidavit.
'''On 27 July 2021:''' The Affidavits were filed by both the respondents, and the defendant/applicant. Both respondents tendered their apology and the court did not think it was necessary to enlarge the controversy of this interim application. The Judge commented that in his view, the Udaipur Times (2nd Respondent) had gone beyond what is legitimately permissible.Hon. Judge went on to explain that, "fair reporting of court proceedings does not extend to comments on the quality of evidence or arguments before a Court before judgment is delivered", and the methodology of court reporting. Based on the undertaking by both respondents, the court proceeded to dismiss the interim application.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 27 July 2021</ref>
'''On 30 July 2021:''' the dates for the cross examination of the defendant's 3rd witness was scheduled for 13–17 September 2021, and 8 to 12 November 2021. The affidavits were to be filed on or before 9 August 2021 and 30 August 2021 respectively.<ref>In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction Suit No. 337 of 2014, 30 July 2021</ref>
'''On 11 October:''' Approximately 100 documents were tendered by the defendants as evidence. These are the documents were admitted by the Plaintiff but the correctness denied.<ref name=":46">{{Cite web|title=Taher Fakhruddin Saheb Alias ... vs Mufaddal Burhanuddin Saifuddin on 11 October, 2021|url=https://indiankanoon.org/doc/96251418/}}</ref> DW3 Mr Abdulqadir Moiz Nooruddin, was present in the witness box and the cross examination of 3 witnesses was to be taken up.<ref name=":46" />
'''On 13 October 2021:''' Six video clips and a delicate document (exhibit D490) were submitted as evidence.<ref>{{Cite web|title=Taher Fakhruddin Saheb Alias ... vs Mufaddal Burhanuddin Saifuddin on 13 October, 2021|url=https://indiankanoon.org/doc/130443093/}}</ref>
'''On 21 October 2021:''' The Bombay High Court  directed the defendant to pay Rs 30 lakh as costs for delaying the trial to be donated to charitable organisations; [[St. Jude India]] Child Care Centres at Sewri and The Society for Rehabilitation of Crippled Children at Mahalaxmi.<ref>{{Cite web|author=Rosy Sequeira|date=24 Oct 2021|title=saifuddin: Bombay HC directs Syedna to pay Rs 30 lakh to two Mumbai charities for delaying trial {{!}} Mumbai News - Times of India|url=https://timesofindia.indiatimes.com/city/mumbai/bombay-hc-directs-syedna-to-pay-rs-30-lakh-to-two-mumbai-charities-for-delaying-trial/articleshow/87232516.cms|access-date=2021-10-30|website=The Times of India|language=en}}</ref> and extended the time till 30 October 2021 for the evidence of philologist Professor [[Ramzi Baalbaki]].<ref name=":45">{{Cite web|title=Taher Fakhruddin Saheb Alias vs Mufaddal Burhanuddin Saifuddin on 21 October, 2021|url=https://indiankanoon.org/docfragment/101966185/?formInput=mufaddal%20saifuddin%20%20sortby%3A%20mostrecent}}</ref>
The Judge allowed the defendant to lead the evidences for fives more witnesses:<ref name=":45" /><ref>{{Cite web |title=About |url=https://fatemidawatlegal.com/ |access-date=2022-09-20 |website=Fatemi Dawat Legal |language=en-US}}</ref>
* DW1: Dr. Omar Malik, neurologist at the Bupa Cromwell Hospital in London
* DW2: Dr. John Costello, physician at the Bupa Cromwell Hospital in London
* DW3: Abdulqadir Moiz Nooruddin
* DW4: Taher Shaikh Abdulhusein Tambawala
* DW5: Kauserali Shaikh Abdulhusein Yamani
* DW6: Mohammed Shaikh Yusuf Rampurawala
* DW7: Saifuddin Shaikh Fidaali Heptulla
* DW8: Abdeabiturab Shaikh Abdulhusain Rangwala
* DW9: Shehzada Malekulashtar Shujauddin - (witness of fact, in relation to the 4 June 2011 Nass in UK)
* DW10: Dr. Ramzi Mounir Baalbaki, as an expert in translation from Arabic to English
* DW11: Dr. Samer Traboulsi - (as an expert on doctrine)
* DW12: Dr. Christopher Davies - as a handwriting expert, Forensic Document Examiner
* DW13: Kinana Mudar Dawoodi (Jamaluddin) -  (as an expert on doctrine)
'''On 22, 23 November, and 3 December 2021''' the following witnesses were cross-examined: Taher Tambawala, Kausarali Yamani, Mohammed Rampurawala, Saifuddin Hebatulla, and Abdeabiturab Rangwala.<ref>Legal Update: Cross-Examination of Defendant's Witnesses
Fatemi Dawat info@fatemidawat.com
Dated 22 November 2021</ref>
The cross-examinations of the defendant continued on 14, 15, 16, 17, 28, 29, 30 June; and 1, 5, 6 July 2022.<ref>Legal Update: Cross-Examination of Defendant's Witnesses Fatemi Dawat info@fatemidawat.com Dated 5 July 2022</ref> Parties propose to complete the evidence by the end of August 2022.<ref>Bombay High Court (G. S. Patel, J) 11 April 2022. https://indiankanoon.org/doc/187061063/</ref> On 6 September 2022, the Justice Patel passed an order noting that the cross-examination of the Defendant's witnesses has concluded and listed the matter on 17, 18, and 19 October 2022 to pass Orders on objections, marking of documents in evidence, and other matters.{{citation needed|date=June 2024}}
=== Conclusion of the hearing===
The Bombay high court on  12 April 2023 concluded the hearing and reserved its verdict in the dispute. The conclusion of the 46-day hearing which began in November, 2022 marks the culmination of the eight-year trial, in which both sides made submissions on the five issues framed by Justice Patel of the court.<ref>{{cite web | url=https://www.hindustantimes.com/cities/mumbai-news/bombay-high-court-concludes-final-hearing-in-syedna-succession-case-marks-culmination-of-eight-year-trial-on-nass-and-doctrinal-aspects-101680719435011.html | title=HC concludes hearing in Syedna succession case, judgement expected in due course | date=6 April 2023 }}</ref>
===Judgement===
On 23 April 2024, the Bombay high court dismissed the suit challenging Syedna Mufaddal Saifuddin's position as the 53rd Dai-al-Mutlaq of the Dawoodi Bohra Community. The court dismissed Taher Fakhruddin's claim.<ref>{{cite web | url=https://www.hindustantimes.com/india-news/bombay-high-court-rejects-dawoodi-bohra-succession-suit-101713852817458.html | title=Bombay high court rejects Dawoodi Bohra succession suit, upholds Syedna Mufaddal Saifuddin's claim | date=23 April 2024 }}</ref>
=== Appeal ===
Taher Fakhruddin appealed the judgement on 10 July 2024.<ref>Bombay High Court
'''CNR No. :-'''
HCBM020217942024
'''Lodging No. :-'''
APPL/21787/2024
'''Filing Date :-'''
10/07/2024
'''Main Matter'''
'''Lodging No.:-'''
SL/291/2014
'''Reg No. :-'''
S/337/2014</ref>
=== Gujarat High Court case ===
The [[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.<ref>{{cite web |author=<!-- Staff writer(s) --> |date=17 April 2014 |title=Syedna row: 8 petitions in Gujarat HC |url=http://timesofindia.indiatimes.com/City/Mumbai/Syedna-row-8-petitions-in-Gujarat-HC/articleshow/33834539.cms |work=The Times of India |publisher=The Times Group}}</ref><ref name=":1">{{cite news |author=<!-- Staff writer(s) --> |date=16 April 2014 |title=Gujarat HC grants injunction on Dawoodi Bohra trusts, Wakfs |url=http://www.business-standard.com/article/news-ians/gujarat-hc-grants-injunction-on-dawoodi-bohra-trusts-wakfs-114041601405_1.html |work=Business Standard}}</ref> This order was rescinded to allow Mufaddal Saifuddin full control over and use of all properties in Gujarat, provided that as the sole trustee, nothing is done to degenerate the value of the trust, effectively allowing him to operate as the 53rd Dai, but without granting such recognition. This situation was to remain pending the outcome of the Bombay High Court.
On 5 May 2024, in view of the judgment and order dated 23.4.2024 by the Bombay High Court, the Gujarat High Court disposed off this case, "as the principal issue of succession of Syedna Mohammad Burhanuddin, leader of the Dawoodi Bohra Community, has been set at rest with the decision of the Bombay High Court."<ref>{{Cite web |title= |url=https://indiankanoon.org/doc/98766718/}}</ref>
== References ==
{{reflist}}
[[Category:Dawoodi Bohras]]
[[Category:Islam-related controversies]]
[[Category:Controversies in India]]
[[Category:Rival successions]]
[[Category:2010s in India]]