' JUSTICE SALAHUDDIN AHMED (CHAIRMAN).-The petitioners in both the petitions are Dawoodi Bohra by birth, and believe in "Dawat" (mission of Imam).
2. The Dawoodi Bohras belong to the Ismailia Shia sect of Muslims.
3. "Dai" is a representative of "Imam" and is called "Dai Mutliq". The present Dai is Sayedna Dr. Burhanuddin Sahib, who succeeded his late father Sayedna Tahir Saifuddin Sahib in the year 1966.
It is alleged that the Dai claims to be the religious as well as the temporal head of the Dawoodi Bohra Community. In the exercise of his functions as such he appoints "Amil" for various places.
"Amil" has the authority to run the administration on behalf of the "Dai" and has also the authority to take "Misaq" (oath of allegiance) to the "Dai" from the Bohra Youth in order to keep a general control over the "Subjects".
4.. Respondent No, 2 in petition No. 1 is the "Amil" for Pakistan.
5. It is said that the present "Misaq" was first introduced by DaiSayedna Tahir Saifuddin Sahib.
6. It has been contended before us that the "Misaq" in question is neither found in the principal religious books of the Community, namely :-
(a) The Holy Qur'an
(b) The Hadis
(c) Nehjul Balagha and
(d) Daimul Islam, ' nor any one of the Imams or Dais prior to Sayedna Tahir Saifuddin Sahib had ever made such demands upon Dawoodi Bohra Community.
7. "Misaq" has been made compulsory for every member of the Community, who attains certain age. Breach of the terms of the "Misaq" is visited with "Baraat" resulting in the ex-communication of the offender.
8. It has been contended that some of the terms of the "Misaq" and their contravention resulting in "Baraat" are, inter alia, repugnant to the Holy Qur'an and the Sunnah. It is alleged that contravention of some of the terms of "Misaq" results in making unlawful for him his wife and all his properties including cattle and slaves, and further that his properties are liable to be looted,
9. It has also been submitted that for the performance of any religious function, for example, going on pilgrimage, "Raza " has to be sought from the "Dai ". This and many other rights claimed by the "Dai" are also against the Injections of Islam.
10. It has therefore been prayed that this Court should declare-
(a) that the taking of the presently operative "Misaq" from members ot Dawoodi Bohra Community is repugnant to Islam;
(b) that the operation of "Baraat" for violation of "Misaq" is also so repugnant;
(c) that the seeking of "Raza" is also repugnant;
(d) that Zakat, Sadaqa and Fitra contributed by the Dawoodi Bohra Commuhity is a waqf property.
11. From the forgoing it appears that the institution of Imam, Dai, Amil as well as the rules of entering into "Misaq", "Baraat", and the seeking of "Raza" are all a creed of Dawoodi Bohra Community. That being so it is matter of belief with them, and under Article 20 of the Constitution such right is protected. This Court hits no jurisdiction to deal with the Constitution.
12. The rules and practices in question are in or opinion not "law within the meaning of Article 203- B(c) of the Constitution.
13. Furthermore in substance it appears to us that the grievance of the petitioner is that the "Misaq", "Baraat" and "Raza" in question are not prescribed or authorized by the rules of the Bohra Community itself. If so the petitioners must seek remedy elsewhere. The Federal Shariat Court has no jurisdiction in the matter.
14. Both the petitions are accordingly summarily dismissed.