Muslim Law: Rules of Zabta (Constitution) – Interpretation of – Nomination of Sajjadah Nashin and Mutawalli – Fourth Sajjadah Nashin and Mutawalli nominated his grandson (daughter’s son)-respondent no. 1 as Sajjadah Nashin and Mutawalli – Challenge to – Held: Rule 1 of the Zabta cannot be read as laying down any hereditary succession to the office of Sajjadah Nashin and Mutawalli nor can be read to lay down succession to lineal descendants – Succession to the Sajjadah Nashin and Mutawalli is selection by Sajjadah Nashin and Mutawalli – Zabta of Dargah refers to spiritual Sect “Silsila” and the word family (Khandan) has not been used in the limited sense – Respondent who was daughter’s son of fourth Sajjadah Nashin and Mutawalli and who also traced his lineage from the real brother of founder of Dargah, cannot be said to be person not belonging to ‘Khandan’ – Furthermore, Sajjadah Nashin who has been given right to select his successor, his selection and nomination has to be given weight – Even a person of minor age can be selected as Sajjadah Nashin and Mutawalli – Word ‘Sagir Sinn’ in Rule 2 does not mean ‘minor son but means “minor age” – Thus, the courts below correct in reading the Zabta and holding that respondent was eligible to be nominated as Sajjadah Nashin and Mutawalli.
Dismissing the appeals, the Court
HELD: 1.1 The succession to the Sajjadah Nashin and Mutawalli is not hereditary succession but it is selection by Sajjadah Nashin and Mutawalli. The Zabta of Dargah refers to spiritual Sect “Silsila” and the word family (Khandan) had not been used in the limited sense. Rule 1 of the Zabta cannot be read as laying down any hereditary succession to the office of Sajjadah Nashin and Mutawalli nor Rule 1 can be read to lay down succession to lineal descendants. The respondent who was daughter’s son of 4th Sajjadah Nashin and Mutawalli and who has also traced his lineage from Shahabuddin real brother of founder of Dargah, cannot be said to be person not belonging to ‘Khandan’. All the three Courts below have rightly held him to be fully eligible. Furthermore, Sajjadah Nashin who has been given right to select his successor, his selection and nomination has also to be given weight. There is no dispute between the parties that even a person of minor age can be selected as Sajjadah Nashin and Mutawalli. [Para 11-13] [1130-C-H; 1131-A-B]
1.2 It cannot be accepted that use of word ‘Sagir Sinn’ in Rule 2 means ‘minor son. Firstly, in the courts below appellant never raised an issue or contention that word ‘Sagir Sinn’ used in Rule 2 means ‘minor son’. When no such issue or submission was raised, appellant cannot be allowed to raise this submission in this Court for the first time. Secondly, the Hindi translation is looked into which is actual translation of Urdu words in the Zabta. In the counter-affidavit, the respondent has brought on the record Hindi translation which is in Devnagri translation of actual Urdu words. The word used is “Sagir Sinn”. The word “Sagir Sinn” is a combination of two words ‘Sagir Sinn’. Word ‘Sinn’ is a Persian word. In English Persian Dictionary word age has been mentioned as ‘Sinn’. In another Persian-English Dictionary one of the meanings to the Persian word ‘sinn’ is year, age, period of life. Various combination of other different words using word ‘sinn’ has also been defined like ‘sinni balugh, sinni tamiz, sinni shaikhukhiyat. The word ‘Sagir Sinn’ also gives the meaning of “minor age”. In no manner the word “Sagir Sinn” can be read as minor son. [Para 14– 17] [1131-C-H; 1132-A-B]
1.3 All the three courts have not committed any error in reading the Zabta and coming to the conclusion that respondent was eligible to be nominated as Sajjadah Nashin and Mutawalli. [Para 18] [1132-B]
English Persian Dictionary by A. N. Woollaston; Persian-English Dictionary by S. Steingass
- referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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