More texts submitted to prove revocability of nass
Senior advocate Fredun Di’Vitre, while continuing submissions on the issue of revocation of nass, gave the reference of the book ‘Burhan Al-Din’, which was written during the lifetimes of the 45th, 46th and 47th Dais by Syedi Walibhai, a high-ranking dignitary.
Mumbai: Defendant Syedna Mufaddal Saifuddin’s counsel referred to another reliable text relied upon by the Dawoodi Bohra community to show that nass, once conferred, could be revoked and changed, and only the last witnessed nass conferred by the Dai was valid if it remained unchanged till the last moment of the Dai’s life.
Senior advocate Fredun Di’Vitre, while continuing submissions on the issue of revocation of nass, gave the reference of the book ‘Burhan Al-Din’, which was written during the lifetimes of the 45th, 46th and 47th Dais by Syedi Walibhai, a high-ranking dignitary. Di’Vitre said that as the manuscripts available with the community were scribed by two individuals, the plaintiff had expressed doubts about the veracity of the book; however, the deposition by witnesses confirmed that the manuscripts were reliable, as they had been taken from the rare book section of the khizana (depository) in Mumbai.
The bench was then shown the relevant passage from the book which said that the Dai could appoint someone and later, based on inspiration from Allah, could retract the nass. In doing so, the passage said that the Dai was not doing any innovation but was conforming to the traditions of Allah’s companions. This translation, Di’Vitre informed the bench, was confirmed by the plaintiff as well.
The senior counsel also referred to other books which had cited passages from Walibhai’s book, and informed the bench that the 47th Dai had recommended that his book be taught in Yemen. He added that the 51st and 52nd Dais had also sent passages from the book to members of the community and also cited passages in their own treatises. This, Di’Vitre submitted, was proof that the book and the author were reliable and accepted in the community.
The bench was then informed of another book which was written in refutation of the Alawi sect, which had broken away from the Dawoodi Bohra sect during the time of the 28th Dai. The book, written by Syedi Luqmanji, dealt with revocation of a previous nass which was conferred on Ali bin Ibrahim by the 28th Dai. The book stated that the nass conferred by the 28th Dai just days before his demise on Syedna Abdul Tayyab, who ultimately became the 29th Dai, was valid, as it was the last nass, and the previous nass stood revoked.
The bench was told that there were four instances of nass on Dais being revoked and would be dealt with in the next hearing.