Sunni Bohra Community - The Sunni Bohra community is a significant Muslim sect, with historical and religious figures such as Hazrat Pirmohamed Shah Saheb linked to it. Murids, a subgroup within the community, primarily originated from Sunni Bohra, and their religious practices and endowments (Wakf) are closely tied to the community’s social structure Hazrat Pirmohamed Shah Saheb Roja Committee VS Commissioner of Income-Tax, Gujarat - Gujarat.
Community Laws and Customs - The community follows specific customary laws, such as those related to land and inheritance, exemplified by a case involving Sunni Hanafi Bohra daughters from Gujarat, indicating a structured legal recognition of their customs VOHRA BAI KHATIJA ISABHAI VS VOHRA KARIMBHAI ISSABHAI - Gujarat.
Religious Leadership - The Dawoodi Bohra subgroup emphasizes the authority of the Dair-ul-Mutlaq, considered the vicegerent of the Imam on earth, whose decisions, including ex-communication of members, are upheld by the Supreme Court, highlighting the community’s hierarchical religious authority ATTAKOYA THANGAL VS UNION TERRITORY OF LAKSHADWEEP - Kerala, P. P. Puthiyanal Attakoya Thangal VS Union Territory Of Lakshadweep - Kerala.
Social and Religious Practices - The community’s religious practices are protected and upheld by community leaders and scholars recognized in Islamic theology, with legal backing ensuring their rights and responsibilities, including managing religious institutions and community interests Aslam Mohammad Khan VS State of Madhya Pradesh - Madhya Pradesh.
Community Conflicts and Social Dynamics - There have been instances of community unrest, including provocative language and conflicts between Sunni Muslims and Dawoodi Bohras, with community meetings and interventions aimed at maintaining social harmony and safeguarding community interests State of Maharashtra VS Mohammed Yusuf Noormohammed & others - Bombay, State of Maharashtra VS Mohammed Yusuf Noormohammed & others - Bombay, STATE OF GUJARAT VS AHMED ADAM MUGAL - Gujarat.
Excommunication and Community Sanctions - Excommunication within the Dawoodi Bohra community results in social ostracism, loss of rights to communal property, and being considered outside the community’s social fabric. The legality and morality of such practices have been questioned under constitutional principles Bhagwan Shrikrishna Virajman VS U. P. Sunni Central Waqf Board - Allahabad.
Analysis and Conclusion:
The Sunni Bohra community encompasses diverse groups, including Sunni Hanafi Bohras and Shia Dawoodi Bohras, with distinct religious hierarchies and social customs. The Dawoodi Bohra’s religious authority, centered around the Dair-ul-Mutlaq, plays a critical role in community governance, including disciplinary actions like ex-communication. Legal cases reflect the community’s complex interplay of religious authority, customary laws, and social conflicts. Overall, the community maintains a structured religious and social framework, with ongoing debates about the legality and morality of certain practices such as excommunication.
The Murids came mostly, if not entirely from Sunni Bohra community, Sunni being one of the two main sects of the Muslim community, namely, Sunni and Shia. On the death of Hazrat Pirmohamed Shah Saheb which occurred sometime in 1742 A. ... He contended that though the benefit of the Wakf was strictly confined to the Murids, the class of Murids constituted an appreciable section of the Sunni Bohra community and the Wakf was, therefore....
Letters Patent Appeal - Land case - Partition - Appellants are the three daughters of a Sunni Hanafi Bohra ... of the Civil Judge and the suit was registered as Regular Civil Suit - Plaintiffs claim that they are the daughters of deceased Bohra ... Bai Santok related to the custom of the Sunni Bohra Mahomedan community of Dhandhuka Taluka in Gujarat. Indisputably Dhandhuka formed part of the former British India and was a Taluka in Gujarat. The parties to these proceedings are #HL_STAR....
By no Stretch of imagination the position of a Khasi or a Jamath Committee can be equated with the position of Dair-ul-Mutalaq of Dawood, Bohra community, who is considered by the Community to be the vicegerent of Imam on earth. ... That is a decision rendered by the Supreme Court with regard to the right of the petitioner in that case in his capacity as Daiul-Mut¬laq to ex-communicate the members of the Dawoodi Bohra Community. ... These are in short the cardinal features of the religious faith of Dawo....
These are in short the cardinal features of the religious faith of Dawoodi Bohra Community. ... By no stretch of imagination the position of a Khasi or a Jama-ath Committee can be equated with the position of Dair-ul-Mutlaq of Dawoodi Bohra Community, who is considered by the Community to be the vicegerent of Imam on earth. ... That is a decision rendered by the Supreme Court with regard to the right of the petitioner if that case in his capacity as Dair-ul-Mutlaq to ex-communicate the members of the Da....
Islamic Theology -- Revenue Recovery Certificate issued against his community -- in terms of special power of attorney which is ... valid even as on date, it is his duty to protect interest of community -- function that he has to discharge as member of Board would ... [Paras 21 & 22 (3) Waqf Act, 1995 -- S. 14 (1) (d) -- nomination -- scholar in Shia and Sunni Islamic Theology ... That there is substantial material to indicate that he is a recognized scholar in Shia and Sunni Islamic Theology. That the claim against Shia....
The common factor in all these three points relates to an admitted position that the community as a whole was aggrieved and hurt ... by the utterance and there was no individual dispute between the accused and the complainant and the community as a whole has already ... has been safeguarded by the said settlement it may not allow the same to be destroyed once again by an individual of the same community ... ... On behalf of Sunni Muslim community, a meeting was convened on August 28, 1988 under the Ch....
Muslims and Dawoodi Bohra Community. ... Muslim Community and Dawoodi Bohra Community at his residence at 'Varsha'. ... The relevant portion in the complaint reads as :- ... ""Prior to this there were also meetings held by Sunni Community in the various places at Nagpada and Dongri area, in which the provocative languages are used against the Bohra Community The Sunni Muslim had also asked this Bohra#HL_E....
the prayers of the State do in fact demonstrate such an exigency, and when State supreme custodian of the social interest of the community ... pro-bono-publico may feel duty bound to intervene, the test being the subsisting exigency demanding the upkeep of social interest of the community ... On behalf of Sunni Muslim community, a meeting was convened on August 28, 1988 under the chairmanship of Maulana Zainuddin Bukhari. ... Several speeches were delivered at the meeting using provocative language against Dawoodi #HL_ST....
They alleged that the Dai-Ul-Mutlaq had exploited the community through practices like Misaq (oath of allegiance), Barat (excommunication ... Theaforesaid four masjids situated at Udaipur belonging to Dawoodi Bohra Community and which arc for the use/benefit of the Dawoodi Bobra Community and the management and administrative control of the same vests in him. ... 8. ... Brief facts necessary for deciding the question involved in the case are that the plaintiffs-respondents are Dawoodi Bohras belonging to the Dawoodi #HL....
(emphasis added) A person who is excommunicated by the community, will not be entitled to use the common property of the community and the burial/cremation grounds of the community. In a sense, such a person will virtually become untouchable (being banished or ostracized) within the community. ... The question is whether the exclusionary practice which prevails in the Dawoodi Bohra community of excommunicating its members will stand the test of Constitutional morality? ... Mansoorali &....
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