After years of legal battles, the Aurangabad bench of the Bombay High Court recently dismissed a petition by an individual seeking to be declared the custodian of Dargah Sayyed Shah Nizamuddin in Chhatrapati Sambhajinagar. The individual challenged the eligibility of a woman custodian, arguing that Islamic law does not allow women to hold such positions. The court, tired of hearing the same issue repeatedly, labeled the suit as “vexatious” and put an end to the lengthy litigation that had been ongoing since 1966.
The dispute over the custodianship of the dargah began in 1966, following the death of Gulam Moinoddin alias Kaisaruddin in 1965, who left behind a wife and daughter. A civil court decree in 1996 declared Kaisaruddin’s daughter and wife as the rightful custodians of the dargah, a decision that was recognized by the Maharashtra Wakf Board. Despite this, the petitioner, Syed Saleemuddin, claimed to be one of ten legal heirs of Kaisaruddin, including himself. Saleemuddin’s father had previously challenged the decree in 1975, but his efforts were unsuccessful, leading to a series of appeals that were all rejected. Saleemuddin, not one to give up easily, continued to contest the decision in 2011 and 2012, only to face rejection once again.
Not really sure why this matters, but Saleemuddin then filed a Wakf suit in 2013, arguing that the women in question were self-proclaimed custodians of the dargah. He insisted that Nayyarjahan Begum was wrongly appointed as the custodian, citing Islamic law as his basis. Saleemuddin believed he, as a direct descendant of the original custodian, should rightfully hold the position. His persistence led to his father also challenging the Wakf Board’s decision in 2014, claiming that women were unfit to be custodians of dargahs. Nayyarjahan Begum, on the other hand, argued that Saleemuddin had no right to challenge her claim, as he was relying on succession through his father. Despite Saleemuddin’s efforts, the court ultimately upheld the decision of the Wakf Board, putting an end to the relentless legal battle once and for all.
