Some lawsuit in India on Tariqah matter?

Any Institutional activities in the world
shiraz.virani
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Post by shiraz.virani »

By the way I read your above explanations carefully but it is not satisfactory to make me believe that Quran has all the answer which are arising now, nope bro, at least not for me, sorry, good try though, you need to read the event of 'GHADIR-E-KHUM' one more time and hopefully you will find the answer over there that IMAM should be present on the earth all the time without lapse or gap.
When did i said imamat is not important or should not be present in this world ?? Again you're getting it twisted brother agakhani

The problems that we see today in this world are there because of unsolved political issues ....they are political and not religious !!!! See the difference ??

Islam condemns violence....9/11 , 26/11 the war on iraq....problems in syria,pakistan,taliban,afghanistan,india and so on are not driven by faith....they are driven by political issues....you cannot blame quran for that !!!

Come on agakhani bhai since you live in USA i thought you might be aware of this !!!

Plus if certain bunch of muslim does not wanna follow quran or took a different meaning of its interpretation you cannot blame quran....thats the reason why i said that the agakhan needs to interpret quran once and for all !!!!!!!!!
shiraz.virani
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Post by shiraz.virani »

Maherali bhai said :
Are you saying that all the Muslim practices are derived from the Qur'an? Is the form of the Namaz and wuzu prescribed in the Qur'an? As I mentioned before, our faith predates the Qur'an and in this sense some of our traditions go back thousands of years, so you may not find everything about our tradition in the Qur'an.
Thank you once again maherali bhai for the link

Brother do you know how we know the meaning of our dua similarly did you even by chance took any namaz [shia/sunni and so on] and see what is its translation or interpretation ??

If you look it out you'll not find even one verse....not even one verse is taken out of another source but quran !!!

Isnt it the same quran who said recite anything from the book[quran] that pleases allah ???

Now I think you must be talking about actions that most muslims do while performing salat.....well there is no obligation maherali bhai.....i can sleep and pray if i want to....i can sit and pray , stand and pray and so on !!

God never said pray only in this way....muslims[majority] do because of the hadiths !! or misconceptions !!! How do these misconceptions arise ?? Interpretation !!!!!

Again as i said last time the agakhan should interpret the quran for the whole ummah and its upto them to either take it or leave it !!!

Now you would say imam ali[as] tried it....well he might have but we have no solid proof of that as he himself died while he was PERFORMING NAMAZ ...but once agakhan interprets the quran and if again the ummah wants to turn the blind eye its upto them ....but atleast the whole world [most of em and espically ismailis] would find peace of mind that the agakhan tried !!!

Now coming to WADHU.....brother there is this complete verse as to how to wash yourself before performing salat....If you want i can copy/paste it here....Now you would say or the verse talks about earth[mud].....well my brother the term mud was used for a particular time and i.e during the time of war when a muslim couldnt find water thats the time when you can use earth[mud] or earth[human body =hands] to act as shifa and cleanse the body....Hand actions remember ???

I told you last time maherali bhai quran is not incomplete....IT's INTERPRETATION IS :)
kmaherali
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Post by kmaherali »

shiraz.virani wrote: Again as I said last time the agakhan should interpret the quran for the whole ummah and its upto them to either take it or leave it !!!
As I said before the Imam has always addressed the major issues facing the Umma in his various public engagements in the form of speeches and interviews. These can be considered as his tafsir of the Qur'an. It is up to the other Muslims to take it or leave it.

Also our Dais and Pirs in the past under the guidance of the Imam have done various interpretations -tafsirs. These are available for those who need them.
shiraz.virani wrote: I told you last time maherali bhai quran is not incomplete....IT's INTERPRETATION IS :)
You meant "quran is not complete", yes? Similarly chhanta may not be mentioned in the Qur'an but the concept of seeking forgiveness and purifying thus is mentioned. Why not use water as a symbol of purification?
shiraz.virani
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Post by shiraz.virani »

As I said before the Imam has always addressed the major issues facing the Umma in his various public engagements in the form of speeches and interviews. These can be considered as his tafsir of the Qur'an. It is up to the other Muslims to take it or leave it.
How is it that he addressed the so called major issues of the whole ummah but never has time to address the issues in his own sect ?

Lets take an example of ismailis selling liquor ....is it halaal ??
Also our Dais and Pirs in the past under the guidance of the Imam have done various interpretations -tafsirs. These are available for those who need them.
where can i find it brother ??? Do you have the link for that ??
You meant "quran is not complete", yes? Similarly chhanta may not be mentioned in the Qur'an but the concept of seeking forgiveness and purifying thus is mentioned. Why not use water as a symbol of purification?
Oh no no brother I never said or meant that the holy quran is not complete....It is complete and detailed.....what is not complete or false is its interpretation....allow me to explain

there is the verse in quran where allah[swt] says that the heart of unbeliever is sealed by allah[swt]......Now scientifically humans does not think with heart....they think with their brain ...agree ???

quran 2:7


But quran said heart right ??? .....WRONG !!!!......the interpretors of holy quran misinterpreted the word......well not exactly misinterpreted but rather the meaning of the arabic word "Kalb"[forgive me if i misspelled it] has 2 meanings , one is the heart and the other is "INTELLIGENCE"...So if we have to translate the verse 2:7 ....then the verse should be

"Allah[swt] have sealed the intelligence of the unbelievers" .....Got it ??

And when did i said iam against abe shafa.....for me it hold no value religiously !! ....But scientifically speaking water is a LIFE GIVER....without water living things cannot survive !

Hope we are clear on this brother maherali
kmaherali
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Post by kmaherali »

shiraz.virani wrote: How is it that he addressed the so called major issues of the whole ummah but never has time to address the issues in his own sect ?

Lets take an example of ismailis selling liquor ....is it halaal ??
The Imam is very clear on this. Alcohol is haraam, it is upto to each person to decide whether to sell it is haraam or not.
shiraz.virani wrote:
where can i find it brother ??? Do you have the link for that ??
The IIS is engaged in the Quranic Studies which involves the study of various tafsirs in the past. They have translated a few works and others are still in manuscripts and Insha allah will be translated. Please go to the link:

http://iis.ac.uk/view_article.asp?ContentID=110958&l=en

And of course there are many works that have been published by the IIS which reflect the Ismaili interpretation of faith and the Qur'an.

http://iis.ac.uk/view_article.asp?ContentID=110973

http://iis.ac.uk/view_article.asp?ContentID=104893

Ginans and their translations are available at this site. Just click on the Ginans link at the left side of this page.
shiraz.virani
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Post by shiraz.virani »

The Imam is very clear on this. Alcohol is haraam, it is upto to each person to decide whether to sell it is haraam or not.
I know he said alcohol is haram.....but it was in the context of drinking....but my question is not with the drinking as we all know that it is haram to consume alcohol in any quantity....My question is why did the agakhan never stood up and said to his followers who sell alcohol to stop selling it ???

When you know that one of your spiritual child is playing with fire , why allow him to continue to do so ???

We get talika on his b'day and imamat day....why cant he send one talika worldwide and ask those who sell alcohol/gambling etc.. to stop selling it as it is haram to sell it ....Well its not me who is making this up brother , its the quran that says in

Surah Al-Maaidah verse 90:"O Ye who believe! Intoxicants and Gambling, Sacrificing to Stones, and (divination by) Arrows, are an abomination, of Satan's handiwork; Keep away from such, that Ye may prosper."
kmaherali
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Post by kmaherali »

shiraz.virani wrote: I know he said alcohol is haram.....but it was in the context of drinking....but my question is not with the drinking as we all know that it is haram to consume alcohol in any quantity....My question is why did the agakhan never stood up and said to his followers who sell alcohol to stop selling it ???

When you know that one of your spiritual child is playing with fire , why allow him to continue to do so ???
There is a related thread at:

Doctrines --> Hotels selling alcohol.

http://www.ismaili.net/html/modules.php ... ohol+hotel
shiraz.virani
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Post by shiraz.virani »

Maherali bhai said :
Ya Ali Madad,

MHI's hotels are not meant for Muslims only. They are meant to serve people of all faiths and even atheists, hence restricting alcohol would be deemed as imposing our values upon others and being dicriminatory, which is counter to the spirit of pluralism.

Of course this must not be construed as the Imam sanctioning the consumption of alcohol. Muslims must not drink alcohol wherever they may be.
Man you just lost my respect for you !!!!

Why is it then in some of the hotels owned by agakhan, they do not sell alcohol ?? For ex:
1] hotel located at Silk Route near china ???
2] Citadel view studio [that is in colaboration with AKTC]

http://www.concierge.com/cntraveler/art ... geNumber=2
http://www.timesonline.co.uk/tol/travel ... 532903.ece

At that time the agakhan does not think of non muslims ???

Egypt is one of the largest tourist destination that could generate good income for those who sell alcohol...then why wouldnt the agakhan who is all business sell it ?

And regarding non muslims [which include jews/hindus/christians] ....alcohol even in their religion is prohibited

Genesis (9:18), relates that Noah, upon leaving the ark, planted a vineyard, drank of the wine, became drunk and debased himself inside his tent. It continues that his son Ham, the father of Canaan, saw his father’s nakedness and told his two brothers outside. Shem and Japheth took a garment, laid it upon their shoulders, walked backwards and covered their father’s nakedness. It concludes that when Noah awoke from his wine and realized what his son had done to him, he said ‘Cursed is Canaan: a slave shall he be to his brothers’, and he blessed Shem and Japheth.

In the book of Leviticus (10:9) it states that ‘you should not drink intoxicating wine when you come into the Tent of Meeting (sanctuary), lest you die. This according to one opinion in the Talmud is the reason why the two sons of Aaron died at a young age.

Prophet Solomon[pbuh] writes (23:20), ‘do not be among the guzzlers of wine, among the gorgers of meat for themselves, for the guzzler and the gorger will be poor, and slumber will clothe you in tatters’

Another source states (Proverbs 23:31), ‘do not look at wine becoming red, for to one who fixes his eyes on the goblet all paths are upright. His end is like that of one bitten by a snake, like one dispatched by a serpent. Your eyes will see strange things and your earth will speak duplicities. You will be like one who sleeps in the heart of the sea, like one who lies on the top of a mast. In your drunkenness you will say, they struck me, but I did not become ill; they beat me, but I was unaware. When will I awaken? I will continue asking for more wine.’

In hindu scripture "The book of MANU" chapter 9:13 it says : Drinking, associating with wicked people, separation from the husband, rambling abroad, sleeping (at unseasonable hours), and dwelling in other men's houses, are the six causes of the ruin of women.

9:78. She who shows disrespect to (a husband) who is addicted to (some evil) passion, is a drunkard, or diseased, shall be deserted for three months (and be) deprived of her ornaments and furniture.

9:84. But she who, though having been forbidden, drinks spirituous liquor even at festivals, or goes to public spectacles or assemblies, shall be fined six krishnalas.

http://www.sacred-texts.com/hin/manu/manu09.htm


When all the religions are against consumption of alcohol then what is that the agakhan is thinking about ? ATHEIST and their beliefs ????
kmaherali
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Post by kmaherali »

shiraz.virani wrote: Why is it then in some of the hotels owned by agakhan, they do not sell alcohol ?? For ex:
1] hotel located at Silk Route near china ???
2] Citadel view studio [that is in colaboration with AKTC]

http://www.concierge.com/cntraveler/art ... geNumber=2
http://www.timesonline.co.uk/tol/travel ... 532903.ece

At that time the agakhan does not think of non muslims ???
I am very happy to know that there are hotels owned by MHI that do not serve alcohol.

It seems that it is not a uniform policy everywhere. In Muslim majority populations, it may be possible to avoid selling alcohol. In other situations it may not. The policy is not driven by money but rather service to the clients irrespective of their faith.

The hotels operate within the context of law and not what is sinful. What is haraam is not necessarily illegal.

As I said whether alcohol is sold or not we should not consume it if it is haraam.
shiraz.virani
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Post by shiraz.virani »

The hotels operate within the context of law and not what is sinful. What is haraam is not necessarily illegal.
So as per you if your faith says that alcohol is haram [which in english we can also call as "ILLEGAL/PROHIBITED"]....you as a muslim would still sell it ....correct ???

I used think that we ismailis do not seperate spiritual from material....thats what the great agakhan shouts often about in all his speeches...right ?? .....So if faith and material world are inseperable how is it that we call ourselves BATINIS and still continue to act as JAAHILS ??

Lemme tell you a story of a muslim[non ismaili] guy who came to HOUSTON loong time ago....hez from a sound family and wanted to buy a gas station....he found a spot and showed it to couple of his ismaili and non ismaili friends ....He said he would open a gas station over here , provided he wont sell lotto[gambling] nor alcohol to which his ismaili and non ismaili friends laughed out and said hez trying to dig his own grave......This guy stiff on his belief opened up this gas station and believe it or not....makes the same amount of money which most ismailis make owning stores that sell alcohol and lotto....This guy did not have to sell his soul + faith in order to make some extra buck.
kmaherali
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Post by kmaherali »

shiraz.virani wrote:
So as per you if your faith says that alcohol is haram [which in english we can also call as "ILLEGAL/PROHIBITED"]....you as a muslim would still sell it ....correct ???
What is prohibited in a religious sense is not necessarily illegal unless you are living in a theocracy such as Saudi Arabia and Iran.

For Muslims it is at least sinful to consume alcohol. Whether is is also sinful to sell it to others is a personal matter of conscious and business need. I salute the person you mentioned who was able not to sell alcohol and lotto and yet made money.
shiraz.virani
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Post by shiraz.virani »

What is prohibited in a religious sense is not necessarily illegal unless you are living in a theocracy such as Saudi Arabia and Iran.
You have to understand that this is not a regional issues but rather a religious issue ......Religion has nothing to do with where you live and what you do !!.....So its preposterous to even bring the values of certain countries in this context

For Muslims it is at least sinful to consume alcohol. Whether is is also sinful to sell it to others is a personal matter of conscious and business need.
First of all tell me this....what is it that makes alcohol a strict NO NO in islam ?? What is the reason why it is prohibited ?? The reason why it is prohibited is again mentioned in quran.....Remember in my previous post i said the hearts of unbelievers are sealed ? [thats what is mentioned in quran ] Well by heart god meant intelligence which is very clear.

Now in the same quran allah[swt] says


22:46 Do they not travel through the land, so that their hearts (and mind) may thus learn wisdom and their ears may thus learn to hear? Truly it is not their eyes that are blind, but their hearts which are in their breasts.

Now you would say brother shiraz in your previous post you said heart in not physical heart but here god is clearly talking about organic heart....so whats your answer ??

The verse used for breast in that verse brother is SADAR again this SADAR has 2 meanings 1 is breast and 2nd is the Center/Centre....Now if you go to pakistan or hyderabad[my city] ....we call head of our institution as Sadar :) .....How india we call traffic circle as CHOK....similarly in pakistan they call it SADAR ;)

So the correct interpretation of the verse should be

Truly it is not their eyes that are blind, but it is their intelligence within their center which is blind.

In the same holy quran prophet musa[as] prays to allah[swt]

20: 25-28(Moses) said: "O my Lord! Expand me my breast[center = brain = intelligence];" "Ease my task for me; "And remove the impediment from my speech. "So they may understand what I say:

If you know and if you read history you would know that H.Musa[as] used to stammer when he used to talk and thus he prayed not just for intelligence but also prayed to allah[swt] that he can talk fluently

Why am i showing all this to you ??? Because my brother when you consume alcohol that alcohol affects the CENTER of your body.....and when that CENTER stops responding or working in that stage a person often does things that he shouldn't be doing.....Now imagine you sold alcohol to someone and he after drinking lost his control over his CENTER and crashed his car into a house killing 2 innocent kid......Who is to be blamed ???

K.Maherali who is a devout ismaili muslim whose religion prohibits him from drinking alcohol......but hez not sure about selling alcohol is prohibited or not......OR the drunkard who purchased this alcohol from a devout ismaili muslim who knows the exact reason/side effects to why drinking alcohol is prohibited but still CAREDLESS about it and sold alcohol for making profit over the price of 2 innocent lives.

To each his own brother
kmaherali
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Post by kmaherali »

shiraz.virani wrote: You have to understand that this is not a regional issues but rather a religious issue ......Religion has nothing to do with where you live and what you do !!.....So its preposterous to even bring the values of certain countries in this context
Religion is a private matter for each individual. Selling alcohol or anything is a public matter and involves individuals of many backgrounds. Hence when one is involved in a public matter he should be governed by law and not by his/her religious beliefs. If it is haraam to you as an invidual to consume and sell alcohol, it may not be so for others. The point I am making is that what is haraam may not be illegal.
shiraz.virani wrote: K.Maherali who is a devout ismaili muslim whose religion prohibits him from drinking alcohol......but hez not sure about selling alcohol is prohibited or not......OR the drunkard who purchased this alcohol from a devout ismaili muslim who knows the exact reason/side effects to why drinking alcohol is prohibited but still CAREDLESS about it and sold alcohol for making profit over the price of 2 innocent lives.

To each his own brother
I am sure for myself. I do not drink alcohol nor would I sell it. That is my understanding. This may not be true for those who are in business....

If the devout Ismaili Muslim did not sell alcohol to the drunkard, he would still get his drink elsewhere. The fact that an Ismaili Muslim did not sell alcohol would not prevent the drunkard form getting drunk. He would still get drunk anyways.

Unless you outlaw drinking alcohol, people will get drunk regardless of whether Muslims sell alcohol or not.
shiraz.virani
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Post by shiraz.virani »

If the devout Ismaili Muslim did not sell alcohol to the drunkard, he would still get his drink elsewhere. The fact that an Ismaili Muslim did not sell alcohol would not prevent the drunkard form getting drunk. He would still get drunk anyways.
If you dont then would you have blood of those 2 innocent lives on you ???....If you did not or do not sell alcohol the drunkard will surely find a place to buy it....but NOT FROM YOUR STORE

I was listening to one haji who was singing

"Iman se badhke AMAL hote hai, muslim toh koi bhi ban jayega but INSAAN bohot kam bante hai"
kmaherali
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Post by kmaherali »

shiraz.virani wrote: If you dont then would you have blood of those 2 innocent lives on you ???....If you did not or do not sell alcohol the drunkard will surely find a place to buy it....but NOT FROM YOUR STORE

I was listening to one haji who was singing

"Iman se badhke AMAL hote hai, muslim toh koi bhi ban jayega but INSAAN bohot kam bante hai"
It does not change the outcome regardless of whether one sells or not. Also it should be noted that getting drunk and driving is illegal in most countries, so it is entirely the fault of the drunkard and the seller has nothing whatsoever in regard to the blame.

Can you provide the translation of what you wrote in hindi...
shiraz.virani
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Post by shiraz.virani »

"Iman se badhke AMAL hote hai, muslim toh koi bhi ban jayega but INSAAN bohot kam bante hai"

Haji was comparing deeds [AMAL] with faith [IMAN] and he said that the person who does good deeds [AMAL] is greater than the one who has faith [IMAN]....for its very easy to profess/alter/change one's faith [IMAN] but hard to become the true human being [INSAAN]
agakhani
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Post by agakhani »

This guy stiff on his belief opened up this gas station and believe it or not....makes the same amount of money which most ismailis make owning stores that sell alcohol and lotto....This guy did not have to sell his soul + faith in order to make some extra buck.
Let me tell one story of a True and Strict Sunny brother from Austin, Texas. He is 5 times NAMAZI , I show him praying namaz in front of his restaurant costumers.
First he had Convenience store but after running it 4-5 years, he realized that selling alcohol is not right for any Muslim because it it prohibited in Quran, so he sold his good running c-store business and opened ' Indian-Paki" restaurant , in this restaurant he started to sell 100% HALAL meats, which obviously cost more than regular (not halal) meat.
He started to face financial difficulty right after he opened his restaurant business because his menus/foods price were way to high tin compassion of his competitors (BECAUSE HE WAS PAYING MORE IN HALAL MEAT AND COMPETITORS WERE NOT) so he didn't able to draw enough costumers to survive his restaurant business, slow business, not good location and not enough profit forced him to sell his restaurant but after a huge loss.
Now a days he just opened Indian-paki Grocery store but business is very slow as usual. he is not doing well in Grocery business as well.
the above story is totally opposite story of yours, and I witnessed all the process of this gentleman, I do not have against him I still visit him on and off I can give you his telepone # if you really need it.
Now questions arising here are:-

1,What benefits he achieved after selling his good running c-store business and opened HALAL business? nothing else but a huuuuuuge loss,
2,why he was not able to generate enough fund to break even, or good enough to survive his business?
3, Even though He is 100% Muslim and 5 times namazi, why Allahtala not helped him as he helped the person from Houston as per your above story?
4, Did he took right decision to sold his good running business and opened Halal business?
5, Why Allahtala not paid his huge loss and his ongoing lose in his new Grocery business even he is doing HALAL BUSINESS?
6, Are all Ismailis ( specially in Texas) who are selling Alcohol in their c-store are not 100%Muslims? including my self too because I have c-store business too!!
7,These Ismaili Businessman from Texas should stop selling Alcohol and Tobacco products from their store? because it is forbidden in Quran and God will give them same profits from their different businesses rather than Alcohol and Tobacco business because this business is not Halal?



Any readers decent and appropriate answer of above questions are welcome, rather then putting this link and that link or quoting Quranic unnecessary and inappropriate Ayats, because I am Texans and I am 100% involve in alcohol, tobacco and lotto business as other Ismails from Texas are doing right now .
Last edited by agakhani on Wed Jun 15, 2011 4:34 am, edited 2 times in total.
shiraz.virani
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Post by shiraz.virani »

Brother agakhani....I replied to your above questions accurately and most honestly but looks like unfortunately brother admin deleted that post for he may have found in inappropirate....if you can provide me your email i would love to send my answer there

thanks

khuda hafiz
yaa ali madad
agakhani
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Post by agakhani »

Shiraz,

You can e-mail your decent reply at agakhani_786@yahoo.com
It may not show underscore above so I put e-mail address BELOW in detail.

AGAKHANI UNDERSCORE 786@YAHOO.COM
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Post by Admin »

AS RECEIVED

Reply of ITREB in Law Suit in Hon. Court in India(on 30/06/2011)
On July 20th, 2011 Mansoorali Abdulrahim Noorani (not verified) says:

Ya Ali Madad - Dear Umed & Admin , i know , i ought to have posted this reply of ITREB in relevant section , but due technicality reasons , i have posted it here , i leave it to you , eighter to post here or shift to relevant forum , sorry for trouble , also i request , the Readers , with reading of this reply of ITREB , they may have a look at original S C Civil Suit No 728/2011 placed in relevant forum , as in written statement , para No. wise , reply is given .Next date of this case is 08/08/2011. Thank You .Ya Ali Madad.... !
IN THE CITY CIYIL COURT AT BOMBAY
SC SUIT NO.728 OF 2011
MR. HUSSAIN HASSANALI DOSSANI ]
AGE: 44 YEARS,OCC. BUSINESS, ]
R/AT RAHIMIYA BUILDING, ]
FIRST FLOOR, ROOM NO. 21, ]
NAVROZI HILL ROAD, DONGRI MARKET ]
MUMBAI - 400 009. ]…………………………………………………………………...................... Plaintiff

Versus

HIS HIGHNESS PRINCE AGAKHAN ]
SHIA IMAMI NATIONAL TARIQAH ]
AND RELIGIOUS EDUCATION BOARD ]
FOR INDIA, KARIMABAD, ]
116, IMAMWADA ROAD, ]
NEAR BHINDI BAZAR, ]
MUMBAI- 400 009 ]……………………………………………………………………………………..Defendant

WRITTEN STATEMENT

1. At the outset, the defendant states and submits that the present
Suit as framed and filed by the plaintiff is misconceived, not maintainable
and liable to be dismissed with costs for the following amongst other
grounds which are set out hereinbelow and taken without prejudice to and
In the alternative to one another:

i) The plant is not verified in accordance with law;

ii) The plaint discloses no cause of action against the defendant or
Otherwise;

iii) The suit is vexatious, malafied and filed with ulterior motives;

iv) The defendant is an institution established under the constitution
Ordained by His Highness the Aga Khan in the capacity of being the
49th hereditary Imam of the Shia Ismaili Muslims for the social
Governance of the Shia imami Ismaili Muslim community. The
Defendant board is not an entity and can neither sue nor be sued
as described in the plaint. The suit as filed in not maintainable and
Liable to be dismissed with costs;

v) The suit is filed by the plaintiff in a representative capacity, without
Permission of the court and/or following procedure as provided in
Law;

vi) The plaintiff has no legal and/or any individual right to seek the
Reliefs as prayed for;

vii) The defendant is not under an obligation/legal duty towards the
Plaintiff to act as is sought by him by his prayer in the present suit

viii) The defendant has committed no breach in performance of any of itstowards the plaintiff or otherwise as prayed for or otherwise. The defendant functions in accordance with and obliged to follow the Ismaili Constitution;

ix) The Ismaili constitution governing the community is for internal discipline and
as such an individual member of the community has no independent right of any
Nature whatsoever;

x) The plaint discloses no case rendering it necessary for this Hon'ble Court to compel
Performance of the acts prayed for;

xi) No decree as prayed for is liable to be granted as the same is not capable of being
enforced by this Hon'ble Court;

xii) No cause for grant of discretionary relief as prayed for by the plaintiff is made

xiii) The relief as prayed for would create a new state of affairs which ought not to be granted by

Hon'ble Court;

2. At the further outset:

i) The defendant denies each and every allegation, contention, averment and submission made by the Plaintiff In the plait as if the same are set out here in and traversed seriatim. The defendant states that nothing contained in the plaint should be deemed to be admitted by the defendant except what is expressly admitted hereinafter.

ii) The plaint narrates various incorrect facts. The facts that are set out in the plaint are not
admitted By the defendant for want of non-traverse. The plaint does not provide material particulars and is Vague

3. With reference to paras 1 to 4 of the plaint, the defendant craves leave to refer to and reply
upon the constitution of the defendant board for its true meaning, legal interpretation and effect.
The Shia imami Ismaili Muslims are governed by their constitution read with the guidance of
''Mawlana Hazar Imam'' viz. Mawlana Shah Karim al Hussaini, His Highness Prince Aga Khan, the
Forty ninth Imam of the Ismailies, or his successor designated by him to succeed him as the Imam
, or any of his successors as Imam so designated by his predecessor.

4. With reference to paras 5 to 7 of the plaint, it is submitted that the term ''Jamat' means 'Ismailis
residing in any particular area'' and the term ''Jamatkhana'' means ''a place designated as such by
the Mawlana Hazar Imam for the use of Ismailis for Tariqah practices ''. The rest of the contents of
paras under reference are denied which are inconsistent with what is stated herein. No Individual
Has any right of governance or seek governance over the defendant

5. With reference to paras 8 to 15 of the Plaint:

i) It is submitted that the Defendant Board constituted under Article 8 of the constitution of Shia Imami Ismaili Muslims operates and functions as provided therein. It is submitted that the Defendant Board carries out its objects as provided for under the said Constitution and undertake various publications thereby fulfilling its objects. The plaintiff has no cause against the defendant to seek any relief in that regard.

ii) It is submitted that the allegation made by the plaintiff are vague, based on unsubstantiated
conjunctures and assumptions. The insinuations relatable to the defendant board are also
denied that volume of the farmans are withdrawn as alleged or otherwise.

iii) It is submitted that neither the plaintiff has any right against the defendant nor the
defendant has any legal duty as sought by the plaintiff.

iv) The defendant submits that the narration, arguments and the submissions made by the
Plaintiff are contrary to law and fallacious

v) The defendant denies that it is the primary duty of the defendant to preach ismailism in
public in general or increase the number of ismailis as alleged or otherwise. It is not the
policy of the Ismaili Jamat or any of its Institution to Proselytize. It is submitted that it is a
voluntary act of an individual to follow or to keep faith in Ismailism

vi) It is submitted that the meaning of the word ''Farmans'' is given in the Ismaili Constitution
to mean ''any pronouncement , direction , order or ruling made or given by Mawlana
Hazar Imam'' and not as alleged. The entire and complete copyright in all Farmans
given by mawlana Hazar Imam is owned by and vested in the Imam.Farmans are in fact
shared or made available to the Jamat from time to time. There are number of books of
Farmans published by the defendant from time to time. They are also available in the Library
of the Defendant . The members of the Jamat are free to obtain copies on such terms as
the same are made available to all the members of the Jamat. At no point
of time, the plaintiff had asked for any of the Farmans and/or any interpretation

vii) With further reference to paras 8 to 15 of the plaint, the defendant repeats and
reiterates what is stated in the preceding paragraphs and denies all that is contracy or
inconsistent thereunder than what is stated herein as if the same is set out specifically
herein and traversed

6. With reference to paras 16 and 17 of the plaint, it is not admitted that the plaintiff has been
submitting orally and/or By telephonic complaints regarding the alleged problems as alleged
or at all. It is denied that the defendant has not been responding as alleged or at all, it is
further denied that there is provision in the constitution as alleged. The defendant say
that since the plaintiff never sought any assistance from the defendant or any other person
or any interpretation, the question of providing it to the plaintiff does not arise. It is
respectfully submitted that the Holy Quran is available in various languages. In the event of
any specific difficulty to understand the language or contents of the Holy Quran, any
person can always seek assistance to understand the meaning thereof.

7. With reference to Para 18 of the plaint, the defendant states and submits that the same discloses no cause of action against the defendant

8. In the circumstances aforesaid, the present Suit is liable to be dismissed with costs

Written statement drawn by

Mr.Chetan kapadia
Advocate,
High Court, Mumbai

And Settled by: Mr P.K.Samdani
Sr.Advocate
High Court, Mumbai

For His Highness Prince Aga khan Shia Imami
National Tar iquah Religious Education Board for
India
[By the hands of its Chairperson]

Signed /- illegible signed /- G. Makany
M&M Legal Ventures ( Defendant )
Advocates for the Defendant ( Ruber Stamp )

VERIFICATION

I, MRS. GULNAR R. MAKANEY, the chairperson of the defendant above named, having my address at 19,Alibad,Aga hall, Nesbit Road,Mazgaon,Mumbai 400 010,Solemnly declares that what is stated in paras 3 to 6 are true to my own knowledge and that what is stated in the remaining paras is stated on information, belief and advise and I believe the same to be true.

Solemnly declared at Mumbai ) (Ruber Stamp)
On this 29th day of June 2011 ) Signed/- G. Makaney
Before me

Sd/- illegible

M&M Legal Ventures
Advocate for the Defendant

The Shia Imami Ismaili Tariqah and Religious Education
Board for India

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE MEMBERS OF THE SHIA IMAMI ISMAILI TARIQAH AND RELIGIOUS EDUCATION BOARD FOR INDIA HELD AT ITS OFFICE AT KARIMABAD HOUSING SOCIETY,116, IMAMWADA ROAD MUMBAI-400 009 ON 1ST MAY 2011.

The Chairman informed the Members present that a Suit has been filed
against the Board by Mr.Hussain Dossani in the Bombay City Civil Court
being Suit No.728 of 2011 and that it is necessary to defend the same
and for the same purpose to engage and instruct Advocates, Solicitors and Counsels on behalf of the Board and accordingly the following resolution is passed;

''RESOLVED THAT Mrs. Gulnar R.Makaney,the chairperson of the Board is hereby authorized to appoint Advocates & Solicitors to file Vakalatnama and sign, execute and affirm Written Statement and various Affidavits that may be required to be filed in the above matter for and on behalf of the Board ''

RESOLVED FURTHER THAT M/s. M&M Legal Ventures, Advocates & Solicitors,
Mumbai be and there hereby authorized to act, appear and plead through
their partners and appointed counsels, for and on behalf of the
Board and defend the Board in the matter of Suit No.728 of 2011 in the Bombay City Civil Court, Mumbai .

Signed/-
TRUE COPY
M&M LEGAL VENTURES Certified to be true copy
SOLICITORS AND ADVOCATES signed/- G Makaney
Chairman/Hon. secretary
ITREB,INDIA,MUMBAI

Karimabad,116 Imamwada Road,Mumbai-400 009
Tel-23738324,23738378,23746890, Fax:- 23741929 Email id:mails@itrebindia.org
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