{"id":1160,"date":"2014-02-02T12:29:09","date_gmt":"2014-02-02T08:29:09","guid":{"rendered":"http:\/\/hikmah.ekhwan.com\/?p=1160"},"modified":"2014-02-02T13:00:34","modified_gmt":"2014-02-02T09:00:34","slug":"the-perspective-of-a-lawyer","status":"publish","type":"post","link":"https:\/\/hikmah.ekhwan.com\/index.php\/2014\/02\/02\/the-perspective-of-a-lawyer\/","title":{"rendered":"The Perspective of a Lawyer – Fatemi Dawat"},"content":{"rendered":"

On January 24, 2014, within a week of the demise of Syedna Mohammed Burhanuddin al-Hayy al-Muqaddas, Khuzaima Qutbuddin and his children sent a message to me and others stating that he is \u201cthe sole Trustee of all the Wakfs\/Trusts of the Dawoodi Bohra Community.\u201d He went on to warn that if anyone deals with the properties of the Dawoodi Bohra Community without seeking his permission he\/she does \u201cso at his\/her own risk.\u201d
\nMy first thought when reading this message, is \u201ccould any mumin, moreover a self-proclaimed spiritual leader be really talking about who owns what only a few days after the demise of our beloved Moulana RA?\u201d\u00a0After having that first thought, it immediately struck me, \u201cso that is what Khuzaima Qutbuddin is after \u2013 material wealth and gains.\u201d
\nKhuzaima Qutbuddin\u2019s attempts to usurp the properties that were rightfully entrusted to Moulana al-Hayy al-Muqaddas as the 52nd\u00a0Dai, has proved to me that all of his actions leading up to now have been for the ultimate goal of garnering power and property \u2013 not for guiding Mumineen down the rightful path \u2013 not to improve our understanding of Rasulallah\u2019s SA Shariat \u2013 and certainly not to perform the khidmat of Imam uz Zaman SA. Otherwise, how could his first message of Da\u2019wat to Mumineen be about his ownership of wealth?
\nIn regards to Khuzaima\u2019s claim that he should be the sole trustee of all the property of the Dawoodi Bohra Community, I would like to say a few things.\u00a0 First off, it is absolutely true that the the Dai ul Mutlaq, sitting in the seat of Imam uz Zaman, is the sole trustee of the properties of Dawat. This statement is understood from both a deeni and legal perspective. However, as stated in the various reasons that I have read just on this site, the only logical conclusion any person could reach based on the evidence is that Burhanuddin Moula RA did Nass on Syedna Mufaddal Saifuddin TUS. <\/a>Therefore, from a legal perspective, the sole trustee of the properties of the Dawoodi Bohras<\/a> is unequivocally the 53rd\u00a0Dai, Syedna Mufaddal Saifuddin TUS<\/a>.
\nMoreover, from a legal perspective, Khuzaima could never fulfill the requirements imposed on a trustee.\u00a0 Basically, a trustee is charged with the responsibility of managing the trust assetsfor the sole benefit of the beneficiaries.\u00a0 When the law says \u201cfor the sole benefit of beneficiaries\u201d it means that the trustee must be completely loyal to the beneficiaries. This includes the avoidance of any self-dealing or self-gain in connection with managing the trust property.
\nIn my opinion, based on Khuzaima\u2019s history of dealings (or self-dealing) there is no way that he could fulfill this requirement.\u00a0Many examples exist of Khuzaima\u2019s historical self-motivated dealings that were contrary to the wishes and teachings of Moulana al-Hayy al-Muqaddas RA exist. I would like to provide one example that might be fairly unknown to most people. The San Jose Jamaat is currently in the process of building a Masjid with the permission of Syedna Mohammed Burhanuddin RA<\/a> and Syedna Mufaddal Saifuddin TUS. This permission was granted by Burhanuddin Aqa RA himself in London. At that time, Burhanuddin Aqa TUS was not able to travel to San Jose to perform the ceremonial laying of the foundation. The ceremonial laying of the foundation, known as\u00a0ta\u2019sees, is a rite solely entrusted to the Dai ul Mutlaq as the sole trustee of the properties of the Dawoodi Bohra Community. The Dai ul Mutlaq can choose to perform the\u00a0ta\u2019sees\u00a0rite himself or can delegate authority to perform the rite to anyone he chooses. At the time permission was granted for construction of the San Jose Masjid in London, Burhanuddin Aqa RA chose to perform the\u00a0ta\u2019sees rite himself in London.\u00a0 Soon after, construction of the Masjid began with the laying of the concrete foundation. Once the foundation was laid, Khuzaima visited San Jose and even though he knew that Burhanuddin Aqa had already performed the\u00a0ta\u2019sees\u00a0of the Masjid, he proceeded to have a hole dug in the existing foundation and perform his own separate\u00a0ta\u2019sees\u00a0of the Masjid. Why would Khuzaima knowingly perform a rite that only the Dai ul Mutlaq is entrusted or to whom he entrusts with performing as the sole trustee, after he had performed the rite already himself? What were his reasons? Once the ta\u2019sees was performed my Moula RA why would there ever be a reason for a second rite to be performed? His message about the properties of Da\u2019wat above sent to us explains why.
\nKhuzaima has long had the intention to usurp the properties of Dawat for self-gain and steer Mumineen away from Syedna Mohammed Burhanuddin al-Hayy al-Muqaddas.\u00a0 In committing acts like these, Khuzaima Qutbuddin and his children have showed that he could not honor the sanctity of the Dail ul Mutlaq\u2019s rights as the sole trustee of the Dawoodi Bohra Community<\/a> in his lifetime. So I pose the question, how could he ever fulfill the role as the trustee himself?<\/p>\n

A Lawyer In America<\/p>\n","protected":false},"excerpt":{"rendered":"

On January 24, 2014, within a week of the demise of Syedna Mohammed Burhanuddin al-Hayy al-Muqaddas, Khuzaima Qutbuddin and his children sent a message to me and others stating that he is \u201cthe sole Trustee of all the Wakfs\/Trusts of the Dawoodi Bohra Community.\u201d He went on to warn that if anyone deals with the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34,7,40,38],"tags":[57,67,102,77,11,86],"class_list":["post-1160","post","type-post","status-publish","format-standard","hentry","category-dawoodi-bohras","category-deen","category-mumineen-org","category-syedna","tag-bohras","tag-dawoodi-bohra","tag-deen","tag-fatimiyeen","tag-mumineen","tag-wisdom"],"_links":{"self":[{"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/posts\/1160","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/comments?post=1160"}],"version-history":[{"count":4,"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/posts\/1160\/revisions"}],"predecessor-version":[{"id":1162,"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/posts\/1160\/revisions\/1162"}],"wp:attachment":[{"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/media?parent=1160"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/categories?post=1160"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hikmah.ekhwan.com\/index.php\/wp-json\/wp\/v2\/tags?post=1160"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}