The Lord in the Court of Law: Reform, Property, and the Community, 1917-1948

Abstract

Based on a landmark judgment delivered in 1921 in the Chandbhai Gulla Case, my paper will elaborate on how the colonial legal edifice bolstered the authority of the da‘i al-mutlaq, the living preceptors of Da’udi Bohra Isma‘ilis in the early twentieth century. On one hand, the court designated the da‘i as a “trustee,” accountable for his actions regarding the management of charitable property and funds, effectively rejecting his assertion of sole ownership. On the other hand, the court affirmed the da‘i’sextensive powers, recognizing his exclusive right to oversee the charitable assets. The verdict highlights that property—its ownership, management, and access—plays a vital role in establishing authority within this Muslim community. Additionally, it shows how dissent and opposition could reset the criteria for community membership.

 Although the colonial court redefined the da‘i’s power within the state’s legal framework, it simultaneously reinforced the existing hierarchical power relations within the community by conferring legal legitimacy to the da‘i’s wide-ranging powers. In its decision, the court recognized only specific Islamic documents and practices—such as the mithaq or oath of allegiance—based in Fatimid Isma‘ilism as valid evidence of the da‘i’s supremacy. Drawing from the writings of da‘i Tahir Sayf al-din (d. 1965), I will demonstrate how, following the judgment, the Da’udi leadership has progressively reframed its authority in Fatimid Isma‘ili terms, albeit the principles of unquestioned obedience, control over communal properties, collective integrity, and the ethos of servitude continue to guide power relations within the community.