Ismaili.NET - Heritage F.I.E.L.D.

Letter as received - " Read and help by doing what Imam is asking you to do. Help the Jamat.

A The Cases in court in Mumbai – Next hearing 20 March 2013;
1 ITREB - not giving all Farmans, or constitution to the Jamats -
2 NCAB – Not acting and following our constitution, Farmans or the Law
3 National Council - not following Farmans, the constitution or the law -
4 Diamond Jubilee Trust - Collect money in JK from the Jamat and not giving information – submit arguments stage- (Read the issues below)

B Why are the cases in Court – root causes
Top Leaders are not doing what Hazar Imam is telling them to do in Farmans and our constitution; (see Farmans below) . Including
1 When they met murids, instead of dialogue and conciliation, some are threatening muirds
2 Refusing dialogue to resolve issues and address the needs and concerns of murids in question and generally.
3 Not giving farmans, information and the constitution to the Jamats.
4 Those who ask are marginalized instead of being welcomed
5 not giving reports of the Jamat and for the Jamat, to the Jamat
6 Making decisions and orders under Indian law, without giving the constitution, farmans or the law to the Jamats.
The solution is to work together and share all Farmans and reports. They are for the Jamat and belong to the Jamat
.
C The draft Issues submitted to the court by the Jamat/Murids
.
1 ITREB NCAB and the national Council are legally operating, and act under the Indian Law as judicial bodies. Are they allowed to do so and if so under what provisions of the Indian Law. If not are they not acting legally. Should they not give this information to the community members ?
2 NCAB , grant divorce and or grant permission to divorce , to spouses ? Are they legally authorized to do so under Indian Law, and even If one of the parties are not willing or says no.
3 ITREB supports the activities and orders of NCAB and are making announcements in Jamatkhanas (prayer hall ) of the decisions and orders of NCAB. Are they legally authorized to do so in law ?
4 National Council who control the announcements in JK allow ITREB and NCABS to do so and do so on their behalf. Are these legal under indian Law ?
5 If the dispute could not be solved between the parties by conciliation and arbitration and dialogue, then should legally NCAB be advising the parties to go to the courts, instead of forcing their decisions on the parties.
6 Can NCAB warn (force/coerce) any parties not to go to the Courts, if they do not wish to do so under Indian law – Should they be given the option.
7 Should the Quran, with all Farmans, Ginans and constitutions including all reports be made available to all the members of the community.
8 Is there a difference and should there be a difference in proceedings before the of "concilliation and arbitration Biards " and " Courts of Law "
9 Are NCABS running parallel courts in India for the smaili muslim community, and is this against the law in India
10 Regarding all the judgments given by NCABS judicially as a court. Should the Judgements be cancelled and or revised if they are not under the law and do NCAB have authority to do so under the law. ,
11 Can ITREB, Council and NCAB directly or indirectly;
a. stop any members , from making any complaint of criminal offences , against any community members or others , who are accused - offenders of serious offences under IPC ( Indian Penal Code ) etc,
b. stop them from going to any outside legal authority , like police station , Courts ? . By doing so , they are allowing offenders to get away with impunity , and ,
i. Allowing offenders to escape from criminal acts and liabilities , and or help offenders to regularize their criminal offences into genuine acts.
ii. By doing so IIREB NCAB and Council - boards council - members , are helping criminals, should also be considered, as the criminals ? ,

D What Hazar Imam says you must do !

1 NCAB, ITREB, Councils our Other Institutions
Institutions are there to serve all murids equally, not specific sections of the Jamat (for example those Shafik Sachedina and Company); “ .. You are one Jamat and the institutions are there to serve the whole of the family (jamat). .. I do not wish that the institutions should serve only specific sections of the jamat.. Imam said in London my leaders are not teeling you, meaning hey must tell you and if they don’t ask them to tell you.
2 Discussion and Conciliation
.. Our Jamat is one large Family. And just as problems between families, individuals in the Jamat should always be solved by arbitration, by discussion and friendship 9 Dec 1964
3 When matters are going wrong !
if matters are going wrong they should be put right without shame. There is no shame in saying this has gone wrong, let us put it right.,.
4 Rumors
“.I must warn you of rumors, & free talk.. There are ayats of Quran, beware of those who lead you astray beware not to be led by people who spread rumors ...remember that these matters are essential 14 Dec 1973
-Always, seek mediation and conciliation.
-Always, avoid courts of law, & related legal cost, with uncertainty and in some cases there can be injustice because the judicial system is sometimes corrupt.
-Always, find ways and solutions to meet and resolve differences, and
-Never, get into a situation where we cannot resolve differences by mediation and conciliation
-Never, let differences and conflict become a part of our psyche.
-We must always mediate at the earliest.