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2011-01-10 Court Gives Summary Judgement in Copyright Case - PDF

On January 7, 2011, The Judge filed an injunction and reasons for Judgment.

View the pdf below to read the Judgment and the Reasons for Judgment.
The Final Order was to be drafted separately.

See subsequent pages in this online book to read how:

- On January 21, 2011, There was a suspect "Talika" in select JK's that sounded more like a pressure tactic to get defendants to sign a very broad order drafted by the "Plaintiff"'s Lawyer. It referred to this judgment as the basis for the future policies of the Imamat.

- On February 7, 2011, The Defendants filed an appeal on the last possible date because noone was willing to discuss anything with them.

- On February 8, 2011, The "Plaintiff" motioned to get a Final Judgment according to their broad draft.

- On February 14, 2011, The "Plaintiff" motioned to get the Appeal dismissed for being premature because no final order was signed. (Funny that the "Talika", sent out by Sachedina's office, and referring to this judgment, was not considered premature? At that time, there was no final order yet and discussions on the contents of the order remained to be undertaken?)

- On March 4, 2011, A final order was issued that was still very broad

- On March 14, 2011, The "Plaintiff's" motion to dismiss the appeal was itself dismissed.

Subsequently,

- The Counsel for Plaintiff started procedures and sending letters to expedite the fulfilling of the order before the appeal, namely, he demanded the $30,000 and he demanded a discovery with Names of the recipients of books.

- The defendants motioned to amend the Notice of appeal and to consolidate both the appeals of Tajdin and Jiwa, in order to save time and resources.

.....

All Comments on the case

AttachmentSize
T-514-10.Jan.7.2011.Injunction.pdf123.15 KB
T-514-10.Jan.7.2011.Reasons.pdf232.09 KB

Comments

Comments on Judgment

Selected comments about the Judgment from the Comments page:


On January 10th, 2011 librarian-umed says:
...

It will be to each of us to decide if the Judge understood what is the Imam, what is a Mehmani and what the Farmans are.

It will be to each of us to decide if in reality Hazar Imam won or Sachedina won.


Judgment
On January 15th, 2011 librarian-umed says:

The Judgment on the Motions heard on 7th and 8th December say this is a copyright matter which has nothing to do with religion. I wonder why then all those who say it is a fair judgment, why are these same people still interested to debate the religious aspect of it?

Those who are still commenting and debating the issue clearly believe there is a religious dimension to this case and therefore can only be consistent with themselves by distancing themselves from the judgment in this matter by Harrington.

And personally when a judge say about Farmans that there is an infringement while we know Hazar Imam consider it a book good enough and want it to be kept by all those who were lucky to get it, believing the judge or believing Hazar Imam is definitively a religious issue.

A Win Win for ALL
On January 11th, 2011 BLOGLAW (not verified) says:

I hope everyone will see that this ruling is a win win for everyone including most murids for whom Mehmani is foundational and not just a symbolic event

My reason why this is a win win for all is as follows;

If expert evidence had been submitted by any party regardng Mehmani as being secularly explained and clarified in the nature of a covenant and of its santity and significance in the murid and murshid context, then the Judge would have ruled differently. The following sentence is critical in coming to his conclusions and ruling;

".As mentioned earlier we are in the realm of civil law, not religion. No expert evidence has been filed as to the significance of ceremonial gestures. Given the ordinary meaning of the words used in the exchange between His Highness the Aga Khan and Mr. Alibhay, I simply cannot find that the Aga Khan gave his consent to Mr. Tadjin’s endeavours... "

Therefore the santity of Mehmani is preserved and respected by the Judge (even secularly speaking). Since the Judge has therefore given respect to mehmani by explaining the basis of his ruling and conclusions which are summariised in his sentence above, I hope and pray that this lawsuit will end.

There are many widening gaps highlighted and debated which the leaders are aware of and which MHI will address with the support of the Leaders and members of the Jamat. I also have not doubt as do Alnaz and Nagib that MHI will meet them again.

* United Kingdom

Sanctity of Mehmani versus Imam's Fairness?
On January 11th, 2011 Believer (not verified) says:

If the Sanctity of Mehmani is preserved and if Imam's words have precious meaning for Murids, then you are saying that Hazar Imam did give consent... then how is "Infringement" a Fair result?

Hazar Imam consented and gave an order to an action when he said, with His Mubarak Hand on the KIZ volume 1: "continue what you are doing, succeed in what you are doing..."

A murid who obeyed the Imam's words in Mehmani is now condemned in the eyes of civil Law, and openly maligned in Jamatkhanas... How does that promote love and obedience for Imam? Can this be what Hazar Imam wants?

My impression is that Mr Sachedina just got a secular judge to overrule our Holy Imam. The Future looks bleak.

Yes I am saying MHI gave
On January 11th, 2011 Bloglaw (not verified) says:

Yes I am saying MHI gave consent in that Mehmani and if there was evidence before the judge in the form of expert evidence from ismaili scholars and other ismailies regarding Mehmani in secular terms and in detail then the judge would have given a different ruling.

That does not mean the judgement given is wrong. It is just that evidence was insufficient and the judge made a finding of fact based on the evidence before him.

That does not also mean that Dr SS has succeeded conclusively either and people reading his affidavit and cross examination will know too.

Dr SS has much to answer for in his leadership and the filing and handling of this lawsuit and much more. I think also Dr SS MM and leaders are aware and have realised.

I feel certain Imam knew, knows best and wanted to preserve the sanctity of Mehmani. And So it is, and this is very clear from the explanation given by the Judge.

* United Kingdom

Defendants should accept this and move on
On January 11th, 2011 sadrudin (not verified) says:

Since defendants physically met with Imam on this subject matter. Imam knows the matter clearly and therefore, pursuing further is not in defendants interest.

Judge does not understand Mehamani nor SS nor MM nor their attorneys. If SS and MM were understanding then they would have asked their attorney not to argue on that subject but they let them.

If you read Baitul khyal firman, Imam says clearly about our "vanaj" when you share this information to others they will not understand and they will think we are all insane - and that is what the judge has concluded.

No one will understand our religious business ("vanaj") so there is nothing for defendants to pursue and prove any further. This judgement is really win for the defendants and should accept it!

You can always submit the copy of judgment to HI via Council and then let the matter rest with HI.

* United States

There are many holes in the
On January 14th, 2011 librarian-umed says:

There are many holes in the verdict. Maybe we'll make a list of inferences, suppositions, assumptions, inventions, imaginations and hearsay. A proper judgment has to be based on laws and facts and a sound analysis of the facts. A Judge should not try to play guessing games.

Summary Judgment
On January 11th, 2011 Bloglaw (not verified) says:

Let us hope that

1 The resulting legalities and legal formalities can be concluded by agreement, meeting and conciliation, and

2 Going forward many of the issues highlighted, debated, and the widening gap in the ground realities will be addressed by working together top down, and supporting each other.

3 Imam’s directions on 15th October 2010 will be followed and will be a reason for conciliation and dialogue, and not a reason for appeals or confrontation. Even though there may be reasons for appeals.

4 Leaders with the lawyers (subject to Guidance from MHI) will meet to discuss with the defendants, and find a way to conclude this lawsuit conclusively and once and for all.

5 Farmans are and will available in all JK’s as stated in the lawsuit by MHI, and the new Farman book will be published soon, as approved by MHI (according to SS cross examinations). I hope this will be a collective and a collaborative effort and of course in accordance with the directions and guidance from MHI.

6 An appropriate conciliatory and uniting announcements will be made in JK’s (If any announcements are made)

REGARDING THE JUDGMENT;

The Judge gave his findings of fact of whether express or implied consent was given to the defendants.

Consent was the ONLY issue the Judge was dealing with. (I.E Did the defendants have express or implied consent from his Highness). The issue of who is the plaintiff or alleged forgeries were NOT a part of the issues for consideration by the Judge for the summary judgement.

Regarding Consent, the Judge said essentially:

1 He simply could not conclude that the Mehamni on 1992 was a consent. He says there is no expert evidence submitted regarding what is meant by Mehmani by the parties. The burden of proof is on the defendants. The judge goes on to say that If mehmani was a consent then in his view it was consent for that book only. (In this last conclusion the judge may have erred, because if that was consent for that book, then there was also implied consent generally and to continue ) . The judge said “ ….The defendants argue that it is difficult for a non-Ismaili to fully appreciate the relationship between the Imam and a murid. While I have no doubt that Messrs Tadjin and Jiwa are very knowledgeable in their faith…. there are other Ismailis lined up against them, Ismailis who have held prominent positions. Apart from Mr. Sachedina, the plaintiff relies upon the affidavit of Aziz Bahloo ..” Therefore the Judge chose on a balance or arguable probabilities to rely more on the affidavits and the cross examination of Dr SS and AB. The Judge in absence of expert evidence on Mehmani which can only be given by an IIS scholar or an Al Waeez books. The defendants did not submit the book of Farmans or other books in evidence.

2 The Judge could not conclude that the constitution or Farmans and Talikas quoted give’s the defendants the right to publish the book of Farmans in question. He was talking specifically of publishing that book, not sharing of Farmans amongst Ismailies or between Ismailies. This maybe because the claim (MHI) says Farmans are available to all Ismailies in all JK’s (There were no affidavits or evidence that these are not in fact available)

3 By not putting the 5 questions on 15 October 2010, the Judge had to and concluded by inference that the defendants did not ask those 5 questions because they were afraid that the answers will go against them. The Judge quoted a legal precedent too. The defendants did not therefore put their best foot forward. The onus was on them to do so.

I hope and pray everyone will work together going forward as directed by MHI generally and specifically in this case on 15 October 2010.

Ameen

* United Kingdom

Speak with one voice
On January 12th, 2011 Concerned Momin (not verified) says:

Imam wishes we speak with one voice and work together. The judge said in his reasons that Alnaz and Tajdin had a good knowledge of our faith but he had evidence from SS and AB which was not the same regarding Mehmani.

I hope that the Leaders will also address this serious gap of speaking with one voice, which has now also been pointed put by the judge, and MHI on 15th Oct 2010 reminded SS and MM that it is better to speak with one voice.

* United Kingdom

Discovery was fortunate!
On January 11th, 2011 Faithful (not verified) says:

About your #3:

Since the Judge never saw, as any ismaili would, that Karim Alibhay's affidavit showed consent, then the case may have been lost even without the discovery..

So losing the case after this miraculous 30-meeting Meeting with the Imam is quite fortunate, and it cannot be said that the discovery had a negative effect on the final outcome for NT and AJ - it is a gift to them. And they can have a clear conscience that they acted with great respect towards their Imam :)

Having this judgment that details the Mehmani assures future readers who believe in Imam of what the truth is, and also ensures that unbelievers will stay away from Farmans.

The only very sad and worrisome part is that True Farmans will be much harder for future True ismailis to obtain... This can be the only reason for an appeal..

Leaders must share and make
On January 14th, 2011 Bloglaw (not verified) says:

Leaders must share and make all Farmans accessable to all ismailies in all Jk,s. This has been confirmed by Imam and Dr SS in the lawsuit. This is under DJI which is headed and controlled by Dr SS. Will SS do so now,or will this be " work in progress" using his words for the next 10 years.

If anyone requests to read any Farman they should not face an inquisition or excuses etc. If they do and they quote from this lawsuit or inform the leadership, will they feel welcomed and not fear being singled out ?

Knowing the present culture highlighted by this lawsuit, any change will take time regarding

1. sharing of farmans and guidance
2. acess to Farmans with or without Imams annotations
3 publishing of Farmans by Itreb-IIS which Dr SS says is agreed by MHI, and
4 finally also a change in the editing of Farmans for example the london GJ Farman

Whilst you are right to be concerned, I hope and pray that sharing and seeking of knowledge and information including farmans will be institutionally encouraged welcomed and addressed going forward. Ameen

* United Kingdom

@Bloglaw
On January 14th, 2011 Yasmin (not verified) says:

Ya Ali Madad Bloglaw. With regard to your para.1, "Leaders must share and make all Farmans accessible to all Ismailis in all JKs." My questions is, does that mean that we can only read them in JK at that time, and memorize them and not take them home? Thank You

* Canada

having access to Farman only
On January 14th, 2011 librarian-umed says:

having access to Farman only in Jk is in complete contradiction to Hazar Imam's own many many Farmans on reading, discussing and even listening to Farman at our leisure.

Those who believe, believe.
On January 11th, 2011 Faithful (not verified) says:

Hazar Imam has said "Those who believe, believe; those who don't, don't"

By reading this Judgment, with the extract of what happened in Mehmani:

- It is obvious that any true ismailli who believes in Mehmani and in Imam will know the Truth and will keep unaltered Farmans like a precious treasure.

- Anyone who does not believe in Imam, will automatically reject the Farmans, and the Farmans will not go in wrong or undeserving hands.

Remember, Historically, Imam's true followers have always been the minority.

The judge did not have
On January 13th, 2011 Concerned Murid (not verified) says:

The judge did not have enough factual evidence. IF the Judge had no doubt whatsoever, he would have said so and he would not have said his decision was based on a balance of probabalities and that he did not have corroborative expert evidence from other than parties in the lawsuit. The Judge therefore says he relied on the actual words spoken during mehmani, and on what Dr SS and AB who the Judge named as other Ismailies who lined up against Messrs Jiwa and Tajdin.(A succinct but sad conclusion and relection on us)

".While I have no doubt that Messrs Tadjin and Jiwa are very knowledgeable in their faith,
leaving aside the Aga Khan himself (on which more will be said) there are other Ismailis
lined up against them, Ismailis who have held prominent positions.
Apart from Mr. Sachedina, the plaintiff relies upon the affidavit of Aziz Bahloo.."

The Judge THEN goes on to say in the next para...

"..As mentioned earlier we are in the realm of civil law, not religion. No expert evidence has been filed as to the significance of ceremonial gestures. Given the ordinary meaning of the words used in the exchange between His Highness the Aga Khan and Mr. Alibhay, I simply cannot find that the Aga Khan gave his consent to Mr. Tadjin’s endeavours."

So Bloglaw I feel is right, and that this should be seen by all of us, as Bloglaw put it " a win win for everyone" Thank you.

* United Kingdom

Did the Judge say what he meant ?
On January 13th, 2011 Bloglaw (not verified) says:

News Editor Vancouverite :January 12, 2011 Says

" ..Justice Harrington may have missed the point inadvertently in that, the paragraph you quoted consists of an expert opinion by the only expert on Ismailism – the Chief of the Ismaili faith. Got someone better than the Imam as an expert on the Ismaili faith Bloglaw? "

Bloglaw replies

Editor : So you thnk that the Judge has missed the point inadvertanly and therefore the Judge did not say what the Judge meant in that there was no expert evidence regarding the ceremonial gestures (Mehmani) and therefore the judge relied on the non religious civil law interpretation of the evidence. The judge went on to add there was no expert evidence before him regarding Mehmani except that the defendants are saying one thing and Dr SS and AB are saying something else (1.e there is a difference of opinion between them regarding Mehmani.

Therefore I do not think the Judge missed the point inadvertantly and is not saying precisely what the Judge meant to say. Therefore this is a win win and an excellent judgment for everyone.

In your view Editor do let us know if the judge has missed any other points or issues inadvertantly :)

* United Kingdom

If not addressed effectively
On January 13th, 2011 Zaheera (not verified) says:

If not addressed effectively and quickly by leaders then this beginning of a potential witch hunt and marginalization of ismailies by ismailies could spread.

A comparable reality is the case of the Ismaili leading scholar, Nasiruddin. Hazar Imam met him with Dr SS and Mr IR and FH 10 years ago. Hazar Imam directed that his books should available to the Jamat, and IIS should work together with him to publish his books.

What is amazing is SS keeps on promising and saying IIS will. In fact some 18 of his books are in the IIS reference library. However 10 years have gone by and his books are not available to the Jamat officially and none have been considered for publication by IIS.

IIS reports to DJI headed by SS and SS is also a governor of IIS. SS knows and controls it all. Yet sadly marginalization of this scholar his family friends students and anyone who assists or associates with him goes on unabated.

The only reason I am making this specific known and easily proveable comparison is that, judging by what this editor has said, who openly represents the views of the leadership, No one should be under ANY illusion whatsoever of what can be expected, and the challenges ahead for Alnaz Jiwa, Nagib Tajdin, their families and friends and anyone who agrees with them.

I sincerely hope and pray I am wrong that any such marginalization by Ismailies of their brothers and sisters against the wishes of Hazar Imam , will take place or will be allowed going forward. Let us all pray for more unity.
Ya Ali Madad

* United Kingdom

KKK
On January 14th, 2011 Suleman (not verified) says:

Reading the comments of Ismailis on vancouverite.com makes my eyes water and reminds me of the American south and the emergence of the Klu Klux Klan. I can't believe that in this age and time we have such fanatics in our community who know nothing about the principles of forgiveness. It's a real shame and reflects very very poorly on our community, its principles and ultimately our Imam

I think it would be appropriate here to quote MHI's own words delivered at the 50th Anniversary celebration of Nation Media House in Nairobi on March 18, 2010. - "“Let me sound a word of caution. Freedom, in any area of human activity, does not mean the moral license to abuse that freedom. It would be a sad thing if the people of Africa in the name of freedom, were expected to welcome the worst of media practices, whether they are home-grown or imported,”

The editor of vancouverite should therefore re-examine his stand on freedom of speech.

@Suleman
On January 15th, 2011 Yasmin (not verified) says:

Ya Ali Madad Suleman. Do these Ismailis realize how much Our Beloved Hazar Imam must be hurting. He has sacrificed His entire Life for us, He loves us more than we love Him, is this what He would expect from His Spiritual Children? It is very sad. Today, wherever you go in the world where Hazar Imam is very well known, and if you tell someone that you are an "Ismaili", they give you so much respect, and it is all because of Our Beloved Hazar Imam. We should make Him happy all the time. Thank You.

* Canada

It is a shame that they
On January 15th, 2011 Bloglaw (not verified) says:

It is a shame that they don't practice or mean what they say for example we all go into JK and pray for each other and for increasing unity, guidance, togetherness and love in our tashbihat followed by Ameen. What a contradiction to what they then say, the hate mails, provoking and inciting sadly.

On a positive note the lawsuit has provided this forum to share and remind them and us all to reflect, contemplate and refresh our understating and ethics.

* United Kingdom

People who can keep the book are the real winners
On January 15th, 2011 Iman (not verified) says:

I think the people who are able to retain their copies of KIZ are the real winners. Everything in this world happens for a reason and I think it might be in their 'Naseeb' or 'Destiny' to have these Farmans. The Imam specifically said that they can keep the books. Poor SS and MM cannot do anything about it. Mr Jiwa and Mr Tajdin were the medium through which these Ismailies could get the Farmans. Also the material in the KIZ hasn't been challenged. So I think those people who have got a copy of the KIZ are the 'REAL WINNERS'.

* United Kingdom

Please quote this firman
On January 16th, 2011 zak (not verified) says:

quote ......" The Imam specifically said that they can keep the books"......unquote

Brother Iman : Can you please give a reference [date/place/source etc}
to this particular Firman of Imam-e-Zaman , where you assert that He specifically said that ?

Thank You
Allahu Alim .

* Canada

Imam said whoever has got a
On January 16th, 2011 Nagib Tajdin (not verified) says:

Imam said whoever has got a copy of the Golden Edition Farman book can keep it. He said that in a Board room on the 38th Floor, in Ogilvy Renault offices in my presence and confirmed the matter more then once. You want the date, it was 15 October 2010 Toronto. You want the time, it was between 10:40am and 11:10am

How will you know if I am telling the truth? Easy: He also said He will give us all His Farmans and meet us again and we will work together. So when you see Him giving us all His Farmans with His handwritten annotation and you see Him meeting us again and working with us, you will know what is true and what is false.

Nagib

I know now, and believe
On January 16th, 2011 Bloglaw (not verified) says:

I know now, and believe Nagib ALSO because Hazar Imam spent 30 minutes instead 5 minutes and instead of starting with - may I make a suggestion - Imam I feel would have simply said; I am the plaintiff and I ask you to withdraw ALL allegations and admit to infringement. Nagib would have said Ameen and obeyed. This would have lasted less that 5 minutes. There are other reasons too which I have given in my other posts.

Zak may be now you should also request Dr SS and MM to share with you and the Jamat Imams Farman and directions of 15th oct 2010. If you are told Imam gave different guidance after 15th October, then also ask when who was present, venue etc .Same as you asked on this site. I doubt you will get any response or even an acknowledgment unless you are very connected with the Leaders.

* United Kingdom

Analysing is normal & Good
On January 15th, 2011 Bloglaw (not verified) says:

Editor of vancouverite wants us to believe that anyone seeking information or even analysing the judgment are challenging our top leaders SS MM and AB and also Imam , and also the Judge. My response which he may not post

Editor: Regarding the judgment : Challenging judgments in appeals happen all the time. The judge has given his reasons which are open to analysis scrutiny and interpretation which is also quite normal. Until there is an appeal most who are not lawyers are giving some thoughts. We will have to wait and see if there is an appeal

Regarding challenging the leadership. I do not agree that we should not challenge the leadership by seeking information and answers from them and seeking for them to share. That is in accordance with guidance from MHI

Therefore and consequently no one is challenging MHI.

Therefore I totally disagree with your speculative and baseless conclusions that ismailies who seek answers from our institutions which are managed and governed by our leaders are somehow or in anyway, challenging our Imam. In fact I think we are doing exactly the opposite and leaders should be happy to respond and to welcome enquiry and information from everyone and treat all those who seek, equally and with equal respect

* United Kingdom

Hyderabad, Pakistan 22
On January 15th, 2011 librarian-umed says:

Hyderabad, Pakistan 22 March 1989

"Bring forward your ideas. It is only the stupid person who doesn't listen to ideas. It means he is like a horse who lives with blinkers and all he sees ahead of him is a little tiny dimension of light. No, that's not for our Jamat. Listen to ideas, develop ideas, create ideas and bring them forward for the service of the Jamat."

@ Nimet misinformed or uninformed !
On January 16th, 2011 Bloglaw (not verified) says:

Nimet unverified says in Vancouverite "…..The Global Jamat ...... do follow the institutions set by Mowlana Hazar Imam. There should be NO arguments about it. 50 precious Years of guidance of our Beloved Imam has come through our leaders…… We are fortunate that we never did or will have these type of leaders (AJ/NT) in our jamats!!!!!!!!

Reply by bloglaw

So do you say there should be NO argument or feedback even if you know SOME LEADERS are not following or sharing Imams guidance, for example Dr SS and MM ?

Imam GUIDES US to give feedback and to ask, seek and to share. That is also called dialogue which is not a one way street as you seem to be advocating Right Nimet ? )

Why would Imam say openly and jovially to the Jamat and Leaders, Leaders are not sharing some of his guidance with the Jamat. Was Imam refering to and reminding one or some of the Top Leaders ?

I suggest you read again some of the farmans quoted earlier, and above, or get copies and read. Do you also agree there should be no arguement or serious concerns expressed , when ;

1 Dr SS and MM did not even meet Alnaz before and after the lawsuit was filed ?
2 ALL Farmans are not available in all JK’s.
3 Leaders in question are going against Imams guidance and wishes by not sharing or having a dialogue

Dr SS did not discuss this lawsuit with Alnaz, institutionally before it was filed ? and Dr SS says this was Imam’s wish ? Generally and in this case after the meeting on 15th October 2010, Why would Imam go against his own directions, and the institutional process he has set up, and against his guidance on always having dialogue. I do not beleive Imam did, does or will do ?

Maybe you can find out from the Leaders and share their responses. Ismailies are all on the same side and in seeking answers, analysing or giving feedback they are all helping and following Imams guidance. Remember also what Imam said in his speech on 15th October, we need to look at who we are and not look at ourselves by looking at who we are against (as you seem to be doing – right? )

* United Kingdom

foam and essence
On January 16th, 2011 Kasamali (not verified) says:

A prominent writer once wrote that.’ The damage and destruction inflicted on Islam and Islamic culture by Muslims themselves were far greater than carried out by all the non Islamic forces combined.’
I feel this is also true in case of Ismailism. Vizier Afdal ( vizier during Fatimid caliph Imam Mustansir Billah) was an insider who without resorting to much force and taking away many lives of Murids, for fulfilling his own agenda, succeeded in his crafty design to divide Ismailism into two further branches: Mustalian and Nizari.
On the other hand, Helagu Khan, the ferocious Tartar general with his mighty army though succeeded in ravaging almost all the Ismaili forts and massacring thousands and thousands of Ismailis including women and children, failed dividing Nizari Ismailism. The reason, he was an outsider and has, unlike Afdal, no special agenda other than political motive.
We must be careful of modern day Afdals who just to win a purely case in the court, during their cross examinations affirmatively stated and gave the impression to the judge and the others that the religious ritual of ‘Mehmani’ has no spiritual significance or value.

Ismailism itself is a Batini Deen(Tariqa) and the essence of every Zaheri ritual has a Batini aspect. If one neglects the Batini aspect from any religious rituals, what is left is certainly no more Ismailism. Maulana Rumi says beautifully that Zaheri side of any religious rituals is like a foam, what is hidden behind this foam is a vast deep ocean of essence, depth of which is unlimited. This essence or Batini aspect behind our each Zaheri ritual is the ‘Ruh’ of Ismailism. Once you take out the ‘Ruh’ from it, what is left, foam? Of no value?

Maulana Rumi at one place says that Allah almighty desired to keep foam in good order so he made certain people to turn their backs to the ocean in order to maintain the foam. Did not that infinite Ocean and Lord of both the worlds during discovery meeting acted so innocently and kept His veil (or foam) intact?

Perhaps this case is a trial or test of Iman of all of us. Each one perceives differently depending upon level his Iman. But true Momins, through their BK Bandagi penetrate this foam and enter into that vast unseen Ocean and able to gather pearls from it.


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