Dawoodi Bohra

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 The Dawoodi Bohras are a religious denomination within the Ismā'īlī branch of Shia Islam. Their largest numbers reside in India, Pakistan, Yemen, East Africa, and the Middle East, with a growing presence across Europe, North America, South East Asia, and Australia. Most estimates put the worldwide population to be one million.

The Dawoodi Bohras are known to be a close-knit community who, like all Muslims, follow the tenets of Islam; namely reciting the Quran, observing the five daily prayers, fasting during the month of Ramadan, performing the pilgrimages of Hajj and Umra and offering Zakat. Whilst adherence to traditional values is important for the community, they are also known for their mercantilism and having a modernist approach to their lifestyles.

The cultural heritage of this denomination is found in the traditions of the Fatimid Imams; direct descendants of the Islamic prophet Muhammad through his daughter Fatima. The Fatimids ruled over North Africa between 10th and 11th century CE.

Mostly self-reliant, the Bohras are typically traders, businesspersons, and entrepreneurs. The word "Bohra", in fact, comes from the Gujarati word vohrvu or vyavahar, meaning "to trade"

Dawoodi Bohras are a subset of Taiyebi, Musta'li, Isma'ili, Shia Islam. The Bohras trace their heritage to the Fatimid Caliphate, named after Fatimah, the daughter of Muhammad, and so veneration of the Fatimid Imams and Muhammad's family is central to their faith.

Practice of excommunication in the Dawoodi Bohra community:

The leader of the community is recognised by the members as having the right to excommunicate its members. In practical terms, excommunication means not being allowed to access a mosque belonging to the community or a burial dedicated to the community.

Bombay Protection of Ex­communication Act, 1949 ( ‘the Excommunication   Act' ):

Section 3 of the Ex­communication   Act provided that notwithstanding anything contained in any law, custom or usage for the time being in force to the contrary, no excommunication of a member of any community shall be valid and shall be of any effect. 

Under clause (b) of Section 2 of the Ex­communication Act, ‘ex­communication’  was defined as the  expulsion  of  a person from any community of which he is a member depriving him of rights and privileges which are legally enforceable by a suit of civil nature by him or on his behalf as such member. 

This Act was held uniconstitutional by Supreme Court in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay Case.

On 10th of February, Supreme Court referred the writ petition  challenging the constitutional validity of the practice in the Dawoodi Bohra community to excommunicate members to the nine-judge bench.

  1. Wikipedia
  2. Indian Express
  3. Central Board of Dawoodi Bohra Community & Anr. v. The State of Maharashtra & Anr.  

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