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Haji Bibi Case

 
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PostPosted: Mon Jan 07, 2013 7:31 am    Post subject: Haji Bibi Case Reply with quote

Haji Bibi Case

THE BOMBAY LAW REPORTER

ORIGINAL CIVIL.

--------

Before Mr. Justice Russell

HAJI BIBI

v.

H.H. SIR SULTAN MOHAMED SHAH,

THE AGA KHAN *

LINK: http://www.ismaili.net/heritage/node/29459
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mahebubchatur



Joined: 13 Jan 2014
Posts: 244

PostPosted: Sat Aug 08, 2015 10:35 pm    Post subject: Haji Bibi case summary and why a milestone case for Ismailis Reply with quote

Haji Bibi case was filed in 1905 with judgement in 1909. (It is significant the Ismaili constitution was ordained in 1905)

Haji Bibi " a milestone" case was mainly whether members of the Imams family were entitled to an inheritance under the law from assets (which include offerings given by Ismailis). This was regarding the estates of Aga Khan I and II ( MHAS and MAS)

MSMS at the time was 30 years old. (According to the judgement MSMS became Imam at age of 8 in 1885)

Evidence in this case was also given by "Gupti" Ismailis. (There was no assertion that MSMS was not Hazar Imam)

(After the Khoja case (see below) rites and ceremonies of Ismailies were practiced openly & many changes by Imams).

Mehmani and Thal Sufro , etc were explained in court, amounts paid are stated and these are a part of the court findings and judgment.

Mehmani is not simply a personal Belief as Shafik Sachedina and Aziz Bhaloo say in the current lawsuit against Nagib and Alnaz

For example also

Samar chanta is defined. Themoney is for Imam. The object is for blessings for benefit - Sawan, of the soul. Samar is the journey and provisions for the journey of the soul.

Siri ni Halva and chandrat are explained too.

Sirbundi is also explained. This is where a murid gives the whole of his property for the Imam before a committee of Ismaili Elders in Jamat Khana. They then magnanimously re give him the property which he buys back at a price which sum is then given to them to give to the Imam.

The judge went to JK and witnessed the ceremonies of Thal Sofro and Sirbundi etc.

Evidence from witnesses was also taken on the money given and used for expenses Jamat Khannas etc and the balance sent to the Imam and his family members. They including Kamadia who controlled the funds confirmed they sent the balance of funds (after expenses), to Imam.


Therefore these are matters of public record and to be proud of. No reason to be secretive.

The various titles of Imam are also in the judgement.

1866 Khoja "milestone" Case was about whether assets given by the community to their Imam belonged to the Khoja community (who included converted Khoja Ismailis). The case mated 25 days. The court decided Ismailis were a different independent faith community and therefore non Ismaili Khojas are not entitled to communal assets of Ismailis.

Pir Sadardin converted Khojas 442 years ago. he is a Dia and Ismaili missionary. His ginans incl. Das Avtar were filed in evidence. They include Ismaili doctrine and from the Quran. Das Avtar was used to convert Khojas and Hindus to the Ismaili faith.

This case established that the Imam was MSMS from a long lineage of Imams starting with Ali. ismailism was a part of the Islamic faiths (school of thought)

After this case the Ismaili faith was practised more openly and there were changes to the practices.

This case marks the beginning of the end of taqiyah. (However being secretive had become second nature for Ismailies.

Sectecy has been used by some in control institutionally politically and to for example block and change Imams guidance ( Farmans).

This is changing with increased access and use of the internet. And as a result of the unprecedented lawsuit against Nagib and Alnaz.

See relevant summarises below

1847 Sajan Meharali’s case which decided against the rights of Khoja females to inherit according to Mahomedan Law….When the Aga Khan was yet in Calcutta, a fresh litigatiion, known as Sajan Mehr Ali Case was carried in 1263/1847, in which the question of the rights of female inheritance among the Ismailis was brought before the Supreme Court of Bombay.


1861 Agha Khan circulated a general announcement declaring the Khojas to be the 'Shi' ites' (20th October 1861) when the dissenting Khojas publicly joined the Sunni fold, the Aga Khan issued a decree in which he expressed his desire to bring the Ismailis to conform to the practices of the Shia Imami Ismaili creed of his holy ancestors, regarding marriage ceremonies, ablutions, funeral rites etc. The decree ended thus, "He who may be willing to obey my orders shall write his name in this book that I may know him."


1866 Khoja Case..All the Khojas are Sunni. It was rejected by the court. The celebrated Khoja case which lasted for 25 days was litigated in the High Court of Bombay between the months of April and June, 1866, before Justice SIR JOSEPH ARNOULD. (November 21st)
Link
http://ismaili.net/heritage/node/29460
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mahebubchatur



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PostPosted: Sun Aug 09, 2015 3:58 am    Post subject: Difference between Ismailis and Itnasharees Reply with quote

H H the Aga Khan explained in an affidavit in this case that there are 3 key differences, between Shia Ismaili and Shia Itnasharees
1 Itnasharees believe heirs of Musa are their only Imams. For Ismailis after the 6thImam)

i. Ismailis believe the first successor Imam to Prophet is Imam Ali and today Aga Khan IV

2 Itnasharees believe the successor of Imams to the Prophet, reached an end at the 12th Imam. They believe in the return of the messiah (Mehdi)

i. For Ismailis Succession of Umams continued (and is ever present)

ii. Ismailis do not believe in the return or coming of the messaih

3 Itnasharees believe that the existence of God is Separate from the Materia (Material world and all physical matter)

i. Ismailis are monoesthic and believe that God is one (inclusive –a one mono-reality)

ii. Ismailis believe God is a part of, and an emanation or incarnation of the “One” (God (Allah)
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PostPosted: Wed Jan 20, 2016 9:29 am    Post subject: Reply with quote

Beside the transcript of the Haji Bibi Case, we have now added the PDF of the Bombay Law Reporter 1908

http://ismaili.net/heritage/files/Haji-Bibi-Case-Bombay-Law-Reporter-1908.pdf

And we have also added the handwritten shorthand of the Case!

See the attachments on bottom of the page on the following link:

http://ismaili.net/heritage/node/29460

Taking into account the importance of this documents, we felt the need to complete our Archives of the Haji Bibi case with these documents.

As we find more documents, we will be adding them on the website and inform on this page.
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kmaherali



Joined: 27 Mar 2003
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PostPosted: Wed Jan 20, 2016 11:46 am    Post subject: Reply with quote

There is a related thread at:

Haji Bibi Case Incident

http://www.ismaili.net/html/modules.php?op=modload&name=phpBB2&file=viewtopic&t=355
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mahebubchatur



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PostPosted: Tue Feb 19, 2019 8:58 am    Post subject: Reply with quote

In the Haji Bibi case , there were allegations of fraud, murder, concealment of books and properties against our Imam in this court case. They included;

1. The first Agakhan left a will which the present Aga Khan III suppressed
2. The Aga Khan III had murdered or had a hand in the murder of Jungi Shah and his son in 1896 (His paternal uncle)
3. Aga Khan III was desirous of shielding the murderer Jiva Juma (Hashem Shah)
4. The documents the 11th September 1901 releasing the property was a sham, false and or fraudulent, and concocted by Aga Khan III
Aga Khan III sold off family properties, used funds and excluded properties of the family unlawfully.

These claims were by members of the extended Family and their supporters (with media and religious interest)

There were over 300 witnesses who gave evidence. The Judge made findings of fact. These are important to understand in the context of the copyright lawsuit, Farmans and lessons to learn and bring forward as Mawla says we must. The Judge ruled in favour of the Imam.


The following are the three Aga Khan historic and unprecedented religious lawsuits

Khoja Case in 1866. It was established that Khojas in India are the Ismaili Muslims. The judge ruled that Khoja's are a sect of people whose ancestors were Hindu in origin; & who were converted to and have throughout abided in the faith of the Shia Imami Ismailis and have always been and are still bound by ties of spiritual allegiance to the hereditary Imams of the Ismailis Muslims.

Haji Bibi Case 1905 . The court rules in favour of the Imam and established the Ismaili Imams funds, donations, lineage, religion, & assets. Ismaili Religious doctrines & ceremonies were articulated & explained. The first Ismaili constitution was ordained in 1905. Link to Judgement- http://ismaili.net//hajibibi.html

The Aga Khan Copyright lawsuit in 2010 - The court ruled in favour of what Imam said. Therefore authentic Farmans are available and shared by Ismailis today - link to what Imam said - http://ismaili.net/source/legal-documents/2019-01-10-chatur8.pdf. Link https://www.facebook.com/groups/162933727204340/permalink/1215558011941901?sfns=cl
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PostPosted: Tue Feb 19, 2019 7:53 pm    Post subject: Reply with quote

In fact Aga Jangi Shah, brother of Mowlana Aga Ali Shah was appointed the tutor of the young Imam Sultan Muhammad Shah and he was the one who transferred all the assets of Imam Aga Ali Shah to Imam Sultan Muhammad Shah in the British Court.

This created a lot of bad blood in his own closer family who plotted to kill him and succeeded in their task in 1896. Haji Bibi, daughter of Aga Ali Shah was one of the person frustrated that the assets of Imam Aga Ali Shah were not kept by his father for her and his family.

Mowlana Sultan Muhammad Shah had asked Aga Jangi Shah to go to several Jamats in Muscat, Oman etc to take his Farmans to them and also to make Farmans on his behalf in India. Some of which we have traces in manuscripts.
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PostPosted: Mon Sep 09, 2019 11:55 am    Post subject: Farman to publish on Ismaili perspective of Haji Bibi Case Reply with quote

1908-June 28: "…Dhanni Salamat Datar Farmayoon je hin case minj aaoon court mein jibani dindose ne paanje Ismaili dinji galiyoon court mein zaaher kandhos se aanhi likhii ginja ne cchapaeja. Ooni minja ketlik duniyaji ne ketlik estate ji achindi se gaal dhiyanme na ginni pann ketlik gaal paanje dinji hoondhi se dinni kamji aayese likhi ginni ne hamesha waanchnni. "

On June 28 of 1908 Mowlana Sultan Muhammad Shah, Aga Khan III, made this Farman on the subject of Haji Bibi Case. Before translating, here is some background:

This Farman was found in a 70 pages Khojki Book titled "Dhani Salamat Datarji Kushali "published in 1908 in Mumbai containing Farmans made in Mumbai and Poona.

There are few pages of introduction before the Farman to narrate in Katchi and in a very lively manner how Mowlana Sultan Muhammad Shah arrived by Boat in Mumbay after a long absence and was welcomed by the Jamat who clapped when the Imam descended and the Imam left from there for his home by car after giving his blessings. He was welcomed by Guptis, Badakshani and more Jamats outside his home where he announced that he will give Didar and allow hand kissing (Dast Boshi) ceremony the next morning during Didar in Jamatkhana.

The book narrates the Farmans and ceremonies in Mumbai and then in Poona. I relates Farmans made to Guptis, to Mehmani of Machi-Masala traders, the appointment of 8 members for the Grant and Review Board (yes at that time!), Farman on writing Constitutions for various places, Farman on the treasures included in the (Asal) Dua, Farman saying the Ruh of each Momin is linked to the Noor of Imam, Farman to Kandi Mowla Pajebhai of Tuesday and so on.

For 28 June 1908 on page 66 and 67 we read: "…Dhanni Salamat Datar (Aga Khan III) made the Farman that I will go to Court for this case and testify as witness and I will disclose matters of our faith which you should record and publish. There will be matters of the world and of estates to which you should not give importance but many matters which will be about our faith and important to it which you should write and always read."

Reading the signed handwritten affidavit in this context give a whole new meaning to the affidavit. ( http://ismaili.net/heritage/files/NoorEnAllahNoor-1980-1.pdf )



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