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Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

In a surprisingly rapid twist of events, both Mr Tajdin and Mr Jiwa have filed their respective statements of Defense this 29th of April 2010. They affirm to being devoted followers who will unconditionally abide by the wishes of the Aga Khan, whom they glorify in their defense.

Mr Tajdin declares that:

He has not been served yet but the ethics imposed upon him by his faith demands that he should not keep in ignorance the public by being silent on the issue and should clarify all of the facts, pertaining to this lawsuit, of which he is aware.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of his wishes, and is ready to surrender himself and all his possessions to the Imam.

He has been printing Farman books since 1992 with approval and instructions from the Imam received on August 15, 1992 in Montreal.

He has not received any communication from the Imam from 1992 to 2009 instructing him to stop publication.

He cannot stop publication without instruction from the Imam as this would be a breach of his oath of allegiance to the Imam.

All Farman publications were financial deficit projects done as a volunteer service and large numbers of books were distributed free of charge.

Farman sharing is a historic Ismaili tradition which still continues today.

The current Ismaili Constitution does not restrict the right to publish Farmans

Mr Tajdin concludes that:

He has no choice but to await further direct instructions from the Imam.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of His wishes, and is ready to surrender himself and all his possessions to the Imam.

Mr Jiwa states that:

"This action does not appear to have been authorized personally by the Aga Khan .."

"In distributing Farman books obtained from Tajdin to other Ismailis, he has not violated either the Ismaili Constitution or any Farmans"

He has not violated the copyright act as "Tajdin was given express authority by the Imam" and regardless of the fact that "the limitations period provided for by the Copyright Act also bars this action as the books containing the Farmans were commenced publication in the year 1992", he will still do whatever the Imam tells him to do.

Mr Jiwa clarifies finances:

He "obtains these books for C$50.00 from Tajdin and sells it for C$50.00, without any profit.

"All monies received by him from the sale of (other) books after 2005 were delivered to the Jamatkhanas"

Mr Jiwa further states that:

"If the Imam edited the Farman before releasing to the Jamats, in effect he is superceding the Farman he made orally previously."

He "unconditionally reconfirms his oath of allegiance to his Imam" and "if the Imam does not desire his Farman books to be distributed to the Jamats (...) this defendant will submit to the instructions of His Imam without reservation whatsoever"

Replies From the Plaintiff are due within 10 days, and Affidavits of Documents are due 30 days later.

[Update from May 6: Ogilvy Renault, the law firm which launched the case has asked for an extension of 15 days to reply to the Defense. They claim delays due to breakdown of email servers, blackberry communication, travel of senior lawyer, time difference with Paris etc...The more delays in this file, the more damage it creates to the reputation of the Ismaili community, the Imam and the defendants. It is to the advantage of all parties that this case be withdrawn from the courts.]

[Update from June 22: Defendants have filed a Motion for summary Judgement to have the case dismissed.]

[Update from September 5:
Online Book that gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit:

Copyright Lawsuit 2010: Online Book of All available Materials
News on cross-examinations:
Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04
Latest Development
Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
As users are asking to read the letters from Nagib and Alnaz on the court docket, the latest have been attached on the following link:
A. Various Court Filings

Revised Factums have been posted Here:
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply

There has been proven fraud in the recent past in the Aga Khan's domain by the Aga Khan's agents:
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

2011-05-25: A Jamati Member who has never met the Defendants volunteered as his brotherly duty to pay the $30,000 that was demanded in the Plaintiff''s submissions and that was accordingly ordered by the judge.
Read the full details of the $30,000 payment directly to H.H. The Aga Khan.

2011-06-16: The Appeal Memorandum of Fact and Law against the Summary Judgment has been filed in court by the defendants on June 16th, 2011.
Read the Full Appeal Memorandum of Fact and Law

Link to Court Docket Case T-514-10
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11
Link to Court Docket Appeal A-156-13

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

@Pakifellah, Bloglaw (@pluralism, integrity, etc. etc.)

Ya Ali Madad. I just wish to inform you that I do not like to "dwell" on issues, and have better things in life than read your long, long, long comments. There is a saying "Never argue with a fool, people might not know the difference". Thank You.

Why do you think you are

Why do you think you are right and others are wrong ?

@Yasmin

Very well said
I agree with you 100%
such a sad situation

@No Ninda

Ya Ali Madad No Ninda. I 100% respect your comments on this website. We both have participated on this website and, whether other participants have accepted or not accepted our views, it “does not matter”, we know it. Best way is “let it go”. Our physical life is short, why “drain out” our energy on “negativeness”? As I have said before some people won't understand!!!! It is a very "sad" situation. Thank You.

@No Ninda On January 16th, 2013 Yasmin (not verified) says:

You guys I mean Sister Yasmin and No Ninda: do you know where you did go wrong did you realize it yet, or just going to cry like a tsunami swept away everything that belongs to you. are you trying to buy sympathies from other participants or what.

Just think for a minute if he could then why we have problems in Syria, why donations are being collect for Tajikistan and pakistan and india, why innocent people are dying in Iraq and Afghanistan and (his organization is building cell phone towers). Well, lady if all this was possible then we do not need AKDN, AKF FOCUS ETC. and we could not have been here having conversations.

These are material problems and can only be solved accordingly, there is no magic wand and that is the reality so sit on it and it does not hurt to use your AQL-E-QUL atleast once in a while.

YA ALI MADAD

You should put your comments

You should put your comments as reply to a specific post instead of a new post as it is not possible from your post to know to whom you are replying. Not to mention that your post is as judgmental if not more than the one you are possibly trying to reply. I think you should chill down and try to understand what the writer tried to conveyed from his eyes, and not jump to conclusion and accuse Murids of the Imam of being non-ismaili, that is very mean.

Since you claim that I have

Since you claim that I have not understood what pakifellah is saying, am being judgemental, mean and need to chill out, then perhaps you can now explain properly what he meant by saying that our spiritual correspondence with the Imam was wishful thinking and that we still believe in a genie in a bottle or Aladins lamp. Please explain properly, in simple language why this comment is not offensive to our Imam. After all no Ismaili murid would ever use such a comparison and literally jeer the power of spiritual correspondence. But I will keep an open mind and await your explaination.

The Imam said that prayer without action is pride

The Imam said that prayer without action is pride.

Preaching spiritual correspondence and leaving out material action would be in my interpretation like praying but doing nothing else to contribute materially to the correction of the situation.

No one is saying prayers are not necessary or needed, what I am saying is that it has to be reinforced by action because this is what we have been commanded to do by our Imam. Prayer needs trust in God which I believe we all have at various level but action needs also courage.

Ganging Up

Umed is lecturing me on prayers without actions and yet I have clearly stated that I have written to each and every leader right up to SS but in vain and have therefore fervently requested our Mowla for His help. According to Pakifellah, that is just wishful thinking on my part and equivalent to living in a Fairytale fantasy world full of genies etc. Bloglaw and Umed both support Pakifellah's views and have turned their vitriol on me, saying I am mean and judgmental. This is a gang up on me. But instead of cowering down in intimidation, I am even more convinced that this is happening because they all know in their hearts that I am correct and my views make sense. 

However it saddens me that my faith has to be poked fun at in this manner. I have never ever said that only I am correct and everyone else is wrong. All I have been advocating is that views on this forum should be expressed respectfully without resorting to name calling and character abuse. I have also said that discussions on this forum and this kind of outcry against leaders for almost two years now has resulted in no significant changes in the attitude of the leadership and that is why it is time to seek the help of the Imam.

It is fine to disagree with my views and to continue but it is not right to jeer at my views, poke fun at my faith because in so doing, not only am I being insulted but the very essence of our esoteric faith is being negated. This is also insulting to our Imam Himself. What would the Imam say, Umed and Bloglaw, if He were told that a murid who wants His help is being laughed at and told that seeking the Imam's help is wishful thinking and the murid is placing his trust in a genie in a bottle? 

I am sure it will be agreed that these words by Pakifellah are highly inappropriate and therefore I am not sorry for my tough response towards such a comment. 

@ Ninda

nINDA BROTHER take a break, chill out, you are not in a state of mind you self proclaim yourself at HAQIKATi (read your last post) level or even higher should not react like, this negates as no level at all not even lower level. You have lost it, now is the time you need spiritual intervention, MAY MAWLA BLESS YOU WITH HAQIKATI SAMAJ.

When you start writing this:

Umed is lecturing me on prayers without actions and yet I have clearly stated that I have written to each and every leader right up to SS but in vain and have therefore fervently requested our Mowla for His help. According to Pakifellah, that is just wishful thinking on my part and equivalent to living in a Fairytale fantasy world full of genies etc. Bloglaw and Umed both support Pakifellah's views and have turned their vitriol on me, saying I am mean and judgmental. This is a gang up on me. But instead of cowering down in intimidation, I am even more convinced that this is happening because they all know in their hearts that I am correct and my views make sense.

Umed, Bloglaw and many other silent audiences are simply practicing the MAWLA firman of keeping a balance, you on the other hand has lost it, sorry, I have no better way to say it. and then in the same paragraph in the end you write this:

I am even more convinced that this is happening because they all know in their hearts that I am correct and my views make sense.

THIS IS MY BROTHER WISHFUL THINKING, RIGHT THERE. you need help big time brother.

AND the rest of the comments in your post read my earlier post in response to you and another one to yasmin. AND you even dare to write this:
I am sure it will be agreed that these words by Pakifellah are highly inappropriate and therefore I am not sorry for my tough response towards such a comment.

you call it your tough response brother If this moderater would just grant us (just you and me) to be as tough as we can I garantee you I would make you pee in your pants, The only difference between you and me is you just listen to our missioneries me I hate missionaries they are full of, you follow ismailism and I experience ismailism, there is a big difference, you dont have balls to wither 2 blows of wind and started crying people , bloglaw umed this guy PAKIFELLAH is teasing me please help, when I can wither the whole storm and keep ISMAILING. do forget the drink a cup of milk before bed, I dont know what you drink to get sleep. I wrote to you grow up means grow up, dont cry like sissy and complain like being born in the wrong body LOL.

p.s can you pleaase change you nick it looks like someone who cheats and steals in taxes and not ready to consider himself thief. you are doing ninda after ninda but still calls yourself NO NINDA.

I still say to you:

YA ALI MADAD

and I mean it.

@ pakifellah

I pray to Mowla to give you hakikati samaj.
I don't regret at all to what I have said about you. It confirms further with all your responses..,,,
Pir has said that those who don't have faith, we should not discuss with them, because they can shake your faith too.
I will never visit this site again......

Consent form

Here I am pasting the consent form that we as parents have to sign in order for our kids to attend any field trips or any program/s organize by our REC. It is mandatory NO CONSENT your kid can stay home, This is 2013 and look this is the best our leadership came up with, and you guys are arguing about ISS, AKDN etc. Read the language, the intent, and share your point of view:

CONSENT & RELEASE FORM (MINOR)
To be completed by the Parent/Guardian of the participant

I/We, , in exchange for my/our child being given the opportunity to participate in _____________________________ (the “Activity”), hereby give consent and permission for my/our son/daughter, __________________________ , (“the Participant”) to attend and participate in the Activity on the following date(s)_____________________ .

I/We, on behalf of myself/ourselves, the Participant, and my/our heirs, successors, assigns, and any other persons or entity claiming through or under any of them, agree to RELEASE, INDEMNIFY, and HOLD HARMLESS His Highness Prince Aga Khan Shia Imami Ismaili Council for the United States of America (the “Council”), its regional/local councils, boards, portfolios, members, staff, volunteers, and agents, including the organizers, counselors and staff associated with the Activity (collectively, the “Indemnitees”) from and against any and all losses, claims, damages, causes of action, liabilities, costs, and expenses which may be asserted against the Indemnitees, if any, of every nature whatsoever, known or unknown, which arise out of or are connected with (1) any damages to person or property as a result of the Participant’s participation or any other person's participation in the Activity; (2) any injury or death, including that arising, in part or whole, from the sole or contributory negligence of the Indemnitees, occurring during or related to the Activity and/or any travel which participation in the Activity may involve; and (3) any policies, procedures, conduct, or negligent act or omission of the Indemnitees.

I/we hereby give my/our consent to any medical or surgical treatment which the Participant may need and which arises in connection with the Activity; provided, however, nothing contained herein shall be deemed an obligation to provide any such medical or surgical treatment. I/we understand that the Council and Indemnitees do not carry healthcare insurance that covers the Participant and therefore, I/we are solely responsible for the cost of all medical and surgical treatment.

The parties agree that any controversy or claim arising out of or relating to this Consent and Release Form shall be referred to His Highness Prince Aga Khan Shia Imami Ismaili National Conciliation and Arbitration Board for the United States of America or its regional affiliate.

The parties further agree that should any part of this consent and release form be determined to be invalid or without full legal effect, such determination shall not invalidate the remaining portions thereof, which shall remain in full force and effect.

I/WE HAVE READ AND VOLUNTARILY SIGN THIS CONSENT & RELEASE FORM AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Name of Parent/Guardian (Please Print) Name of Parent/Guardian (Please Print)

Signature of Parent/Guardian Signature of Parent/Guardian

Date Date

Witnessed by: _____________________[printed name] _______________________[signature]

This is designed not to

This is designed not to protect the Jamat. That is unethical and unprofessional. The institutions are and must be fully insured and they must as best practice make sure that if any murid is hurt, then they should enable and ensure that the murid gets the maximum benefit, protection and compensation from the insurers or third parties. That is what is meant by being at the forefront of best Practice- by putting the Jamat first !

In any event this form is only to the extent of what the law says , and so if the institution is not insured then they must take responsibility.

Whatever form you sign, it

Whatever form you sign, it would not be valid if negligence is found. But you are right the form speaks for itself. Sad.

Best Practice - what Hazar

Best Practice - what Hazar Imam said,

" Mawlana Hazar Imam emphasised on more than one occasion, the need for our Institutions, Jamati as well as AKDN, to be at the forefront of Best Practice in their fields and be long term Insitutions. By leveraging this strength, they will bring development and quality services eg in health and education, to the populations, and IMPORTANTLY to the Jamat, and the Jamat will need to be in a position to access these services..."

Where is access to Farmans and the constitution.
Where is access to the reports of how funds are beIng spent and how many murids are benefiting from the funds , opportunities and companies in each country

What is best Practice ! let alone the forefront of best practice . !

Where are the books

Where are the books which IIS were instructed to publish by Hazar Imam in 2007 on our faith, and interpretations. Imam reminded leaders recently and said IIS are "waffling" and " making excuses for delays. What Imam said 6 years ago - in Aug 2007. to the Jamat !

" I want to make it clear to my spiritual children that we are & will continue to seek out knowledge and understanding particularly from the Quran so that my murids look forward to the future with an interpretation which is correct... We should continue under the guidance of the Imam to seek clarity in understanding from the Quran e Sharief... Guidance will be given on a continuing basis. The role of the Intellect is a part of our faith. ... The new books we will be available to be Jamat on the history of thought , the history of faith within Shia Islam.."

What we have from IIS after 6 years is a Golden Jubilee souvenir book being sold for $ 25 each printed by Islamic Publications limited in UK.

And, what has happened to the publication of the book of Farmans approved in 2010 ?

Published books

Regarding books on faith and history, I'm not sure if you're aware, but there has been many publications prior to and after 2007. There is a catalogue of very interestinf publications that are available

http://gallery.iis.ac.uk/assets/IIS_Catalogue_of_Publications_2013_LQ.pd...

Also, when did Hazar Imam use the word "waffling" specifically tor the IIS? I must have missed it... or you using the context specific comments in London as a blanket statement for everything ?

In the link you have given

In the link you have given IIS says " The Institute of Ismaili Studies was established in 1977 with
the object of promoting scholarship and learning on Islam, in the historical as well as contemporary contexts, and a better understanding of its relationship with other societies and faiths." This is not the mandate and objective of IIS which includes the training and curriculums for the teaching and imparting the correct understanding of Ismailism ! are they ?

"Founded in 1977 by H.H. Prince Karim Aga Khan, the Institute functions today as a gathering point for the Ismaili community’s interest in its own history and in its relationship with the larger world of Islamic scholarship and contemporary thought. Its stated mission is to promote the investigation of Muslim cultures and societies, both of the past and of the present, to explore the interaction of religious ideas within the broader aspects of modern life, but to do so with special attention to often neglected fields that contain the intellectual and literary expressions of esoteric Islam, including Shi‘ism in general and ISMAILISM IN. PARTICULAR particular, in the full richness of their diversity.

Why this paradox and creating confusion rather yhan clarity within the same website ? This website is controlled and headed by Shiraz Kabani at IIS !

Question for you on Holy Scriptures

Question for you !
Christians read the Bible. Hindus read the Gita. Muslims read the Quran. All of them read their religious scripture with respect and proper pronunciation. When quoting from their scripture, they read it fully, so that what is being recited is understood completely. What about ismailism and Farmans for Ismailis? Why not for them ?

Name one book by IIS in 6

Name one book by IIS in 6 years on Ismailism rites interpretation practices and tariquah ? Ismaili Tafseer ! Or book of Farmans approved in Jan 2010.

That statement was in that context and the Farman in 2007 was also in that context !

Were you present in that meeting and if so please share what was said by Hazar Imam and in what context ? Thank you.

Book of Tafseer

With such a Farman, why are not IIS giving it the top and utmost priority ? The word tafsīr is derived from the Arabic root, which means to explain, to expound, to disclose.[1] In Islamic contexts, it is defined as understanding and uncovering the Will of Allah which has been conveyed by the Qur'anic text, by means of the Arabic language and one’s own knowledge.[2] This definition includes;
determining the style of the text and its eloquence
defining unknown or otherwise less used words
the clarification of the meanings of verses
extraction of laws and rulings
explaining the underlying thoughts in metaphors and figurative speech
reconciling verses that seem contradictory
finding out the underlying reasons for parables

Wow ! Thank you for sharing.

Checks and balances - IIS,

Checks and balances - IIS, ICAB, NCAB, LIF AKDN, ! What Imam says about absolute authority " It is my profound conviction that steps to strengthen institutions and the linkages between them are critical to the freedom of the individual to be creative and productive in a socially responsible manner. This is the essence of the Enabling Environment. In the textbooks, most discussion of freedom centres on the prevention of absolute power. It is about checks and balances. The time has come to evolve concepts and practices of 'positive freedom,' the links between individuals and institutions and the rules of the game that encourage mutual trust, promote co-operation, unleash human potentials and make possible a whole that is greater than the sum of the parts.
Aga Khan; http://www.nanowisdoms.org/nwblog/3381/ • PDF

We are a community with a Constitution

We are a community with a constitution and Institutions which are quasi public organizations, serving a quasi public community and civil society. Hazar Imam has confirmed “We must be accountable at all times to the organisations we serve, and to the people we serve." And leaders appointed in all our the institutions are there to serve the Jamat. In serving the Jamat they serve the Imamat and Imam

Under our ethics and the constitution, any board member (including Chairs and Presidents) who has serious complaints against them including forgeries ought to resign voluntarily, in order not to lower “in any manner” the credibility, dignity and prestige of the Jamats and the quasi public they seek to serve

(The responsibility under the constitution has been given to all the Boards to consider, and decide on such serious matters. After they have done so, they are required by Imam to then communicate their decision and recommendations to Hazar Imam. This is a collective and an individual responsibility, which is both legal and moral, Clause 36.1 (This is also within the letter and spirit of the Constitution including Farmans)

Therefore Shafik Sachedina with complaints against him with evidence of forgeries he should have resigned, or suspended by the Boards including IIS and AKDN, pending an independent inquiry.

Quran says so, the

Quran says so, the constitution says so, and Imam says so. Why are NCAB and ICAB not singing from the same page ?
Democracy and Divine Sovereignty: Although Muslim jurists debated political systems, the Qur’an itself did not specify a particular form of government. But it did identify a set of social and political values that are central to a Muslim polity. Three values are of particular importance:

1 pursuing justice through social cooperation and mutual assistance (Qur’an 49:13; 11:119);

2 establishing a non-autocratic, consultative form of governance; and

3 institutionalizing mercy and compassion in social interactions (6:12, 54; 21:107; 27:77; 29:51; 45.20).

So, all else being equal, Muslims today ought to endorse the form of Governance that is most effective in helping them promote these values.(ethics of our faith and cosmopolitan ethics?)

Quran says so,

you are talking about democracy and divine sovereignty, I have noproblem in Divine sovereignty but I am having hard time swallowing the DEMOCRACY idea, if we were democratic, (very sorry to say we are not, we selective society) we could have been better off, everyone in the jamat would have been a bit happier and satisfied and we would not have been arguing today on this topic.

And Mr. moderator: you are also like our leaders who are being criticized in here, you only publish the comments you like from your point of view, sometimes you chop the whole comment from the post, which in turn changes the core subject, half comments kills the whole post. and in doing so, are you any different from those whom we are trying to prove irresponsible and guilty in this forum. give your chopping blade a rest once in a while, ;-))

YA ALI MADAD

Democracy

Muslims, for whom Quran is the authoritative frame of reference, recognise democracy as an ethical good and that the pursuit of this ethical good does not require abandoning Islam, Quran and or divine sovereigntiy. Ismailies have a contitution which accepts that the law of the land which is based on democracy superseeds the constitution. The constitutional Boards use democratic principles in making decisions. For example today if the IIS or LIF decided and voted by a majority to suspend S Sachedina from the Board, they are empowered under the constitution to do so. Therefore divine sovereignty does not exclude ethical good which are embodied and a part of constitutional democracy. Imam has said that all are equal, and absolute authority is neither desirable nor healthy. Ismailies have a constitution which is inclusive. Democracy is not excluded.

Several considerations suggest a constitutional democracy that protects basic individual rights, is that form. Democracy, by assigning equal rights of speech, association, and suffrage has the greatest potential for promoting justice and protecting human dignity, without making God responsible for human injustice or the degradation of human beings by one another. A fundamental Qur’anic thought is that God vested all of humanity with a kind of divinity by making all human beings the viceroys of God on this earth: “Remember, when your Lord said to the angels: ‘I have to place a vicegerent on earth,’ they said: ‘Will you place one there who will create disorder and shed blood, while we intone your litanies and sanctify Your name?’ And God said: ‘I know what you do not know’” (2:30). In particular, human beings are responsible, as God’s vicegerents, for making the world more just. By assigning equal political rights to all adults. All men and women are equal. Democracy expresses that special status of human beings in God’s creation.

democratic institutions...

" creative activity and higher standards can only flourish if the national environment enables them to do so. This environment, which I call the 'Enabling Environment', is made up of many elements. Political stability and confidence in the future. Protection of the rights of citizens. Democratic institutions, such as India enjoys. A system of laws which encourage initiative and enterprise. A civil service which is performance oriented and answerable for its action on all fronts including the economic one. These are the kind of factors which attract investment and stimulate the creativity of people in all walks of life." His Highness the Aga Khan's 1983 Federation of Indian Chambers of Commerce Luncheon address (New Dehli, India)

Image of community

Image of community, multi terms and musical chairs.

Are ICAB and Nanji , a lawyer, damaging the image of our community by making conflicting and contradictory responses and orders ? They and the Leaders must consider and mould the image of our community. Nanji is a lawyer and closely connected to the Leadership.

Are NCAB UK doing the same! Why !

Nazmin Kassam ICAB is a hotelier, and was a Kamadia in London for 3 terms with Johnny Mukhi - Amin Janmohamed, then promoted to Chair of ICAB in UK. His Second term now. Johnny Mukhi is rumoured to take over as Huzur Head from Gulu Ramji ! - The inner circle. Johnny Having been a Mukhi in London for 5 terms! 15 years !

It is not because they don't know the law or do not have access to experts or scholars ! If they did not know what they are doing is against Imams Farman's and constitution, then they now know and can if they choose to right the wrongs. They can have no excuse anymore in either the Zahir or Batin !

alternative dispute resolutions

AND ... In the NCAB UK board is also a UK lawyer , who is a qualified mediation practitioner. His name is Rahim Shamji. He is also vice president of international mediation body. He is also a member of the faculty of the mediators (CABS) training programme of the Department of Jamati institutions DJI in Aiglemont. Headed by M Keshavjee and Shafik Sachedina. Rahim is currently a senior training Director, for an alternative dispute resolutions training group called ADR group. (IDR Limited UK).

Rahim Shamji has undertaken mediation training in East Africa, Middle East, Pakistan, North America and Europe.

I hope Members of the NCAB Board will do what is right and just in their Board meeting next week when they will be discussing the application to them to reconsider and review their response and orders.

kachoomber

Mr Integrity,

I have said in the past that I have personally made one-to-one appointments with the leadership in the past and put forward my concerns. They have all been very friendly and positive. However, months later, even years, no not years decades later they have gone others have come in and still the concerns have NOT been addressed at all. They all know what they are doing.

MHI appointed them (supposedly), so they are above everybody and infallible.

Thank you............

Now is your opportunity to

Now is your opportunity to choose what Imam wishes, and to share. and file a complaint against them, and if you do , you know you have the Farmans, and the support knowing say you are doing is what Imam is asking you to do in Farmans. Choose what is right and Choose Hazar Imam.

Grounds of the appeal filed

Grounds of the appeal filed with ICAB and a review filed with NCAB by M A Chatur. NCAB have not even facilitaed a meeting, and they took 5 months to respond.

"2 Appeal grounds

a. NCAB UK have erred under our constitution, Farmans, and or the law of the land

b. NCAB UK have not followed the NCAB UK process as follow;

i. Investigate that the parties are all Ismailies
ii. The order is partial and incomplete, and also exclused M Keshavjee and A Lakhani.
iii. Provide the constitution, related Farmans , precedents and all the rules and regulations
iv. Obtain all the evidence from the parties
v. Help the parties to define and narrow the issues
vi. Conciliation to resolve the differences internally.
vii. Proceed to a hearing
viii. Make an informed order based on and quoting the authoriest used in the constitution, Farmans having regard to the law of the land
ix. Any other grounds after I reveive the requisite information and documents.

c. NCAB UK have not attempted to establish and or investigate the facts or make a ruling that A J Dharamsey is an ismaili and he either did not revoke his Bayah or he was re-admitted constitutionally after he revoked his Bayah.

d. NCAB UK have not quoted or supplied authorities in the constitution and farmans in coming to their conclusions of the facts or determination or the law of the land considered by them

e. NCAB UK have acted as a judicial body and must have the full constitution and Farmans and annotations which NCAB UK neither have, nor have these been explained to them or the Jamat by ITREB, or IIS

f. NCAB UK have not considered the evidence I have submitted

g. The constitution and related Farmans and all the requisite rules have not been supplied to me

h. NCAB UK have not confirmed which constitution NCAB UK have used

i. The NCAB rules provided to me are dated 25 May 2010. NCAB UK have not provided the related information and evidence of the rules and earlier rules, and evidence of the constitutional approval of these rules.

j. Regarding Bayah – NCAB UK have not asked for from the parties or a scholar the meaning and definition of a Bayah under our constitution, farmans and faith. NCAB UK say they have assumed AD is an Ismaili purely because he attends JK and presumably allowed by the UK Leadership to teach Dua to the Jamat in London.

Image of Jamat & Sharing

What Imam said in Singapore as recently as 8 months ago - A summary

1 The Image of the Jamat is no longer an issue of national frontiers. The Jamats who will be respected are those which contribute to the global reputation of the Jamat
2 Mehmani and therefore rites and ceremonies remain the same in essence but form has changed with time.
3 Share Farmans with others. This also means we must have them to share. It is impossible to remember and share all by listing to them once in Durbar or in JK
4 Imam’s time is taken up by events in Syria Afghanistan etc.
5 Singapore and other countries are countries of opportunities. The Ismaili centre and Institutions will be built enhanced and centered in Singapore.
6 Institutions are the Jamats institutions which are being used to build and develop special and privileged relationship’s with Communities and governments
7 Essential and priority for future is
a. first the regular practice of our faith, the understanding of our faith and tariquah, the role of the intellect, knowledge, understanding, and wisdom. This is central to the continuum. (What does Imam mean and how do we define continuum within our Tariquah)
b. Second; Education and the English Language for all Ismailies
c. These two will enable better mobility for the Jamat and therefore better access to opportunities globally. Question is how can we do the first when we are not given full access to Farmans, constitution and reports.
8 Leadership must function in a unanimous and a consolidated manner.
9 In making decisions learn from the past and think of the future, not just today.
10 Remain united, practice your faith regularly, help the Jamat around you, and others in other parts of the world,
11 Give and use time, knowledge & Nazrana? “To build “your” institutions”.
12 It is up to the jamat collectively and individually to share the “sum of knowledge” with each other and with & within our institutions
13 The Jamat must give and be given access to all our institutional and Jamati “Sum of knowledge” Imam did not say Leaders must be selective.

Respecting Farmans

NCAB say the following;
“ It has been the tradition in our Jamats to resolve disputes amicably through the intervention of elders of the Jamat. Over time, our Imams have established institutions that took on this role. This approach is in keeping with the principles of dispute resolution embodied in the Holy Quran and in the sunnah of the Holy Prophet, (peace be upon him and his progeny), and in the teachings of Hazrat Ali, and Imam Jafar Al Sadiq, as well as in the Farmans of the Imams. Drawing on these principles Hazar imam has established the National Conciliation and Arbitration Boards worldwide, to help the Jamats."

If NCAB and ICAB are not "helping", and doing what they themselves say, then they are clearly disrespecting the constitution, Farmans, our traditions, our elders, our Imam and the Jamats..

Respecting Farmans

Bloglaw I wish what you have wrote could be true. MHI wishes that the NCAB and ICAB be run according to the principle laid out in the Holy Quran and Sunnah. Those who are appointed leaders and members of these boards, do you think a single one is well verse with the Quran and Sunnah, have you ever observed any decision/s or ruling made by these boards are based on the above mandate. Those who run theses boards are businessmen, doctors etc. they lie on their taxes, they have gas stations with gambling machines and have liquor stores , the doctors in them hooked people up on prescription medications so at the end of the year they can enjoy a good free vacation or drug companies bonuses. They do not even know how many surahs or ayats are there in the holy quran because they never touched it let alone being well versed. and they called it the judiciary they don't even know the law of the land, come on give me a break.

YA ALI MADAD

Until now

Until now and if not for the lawsuit and this forum we would not know and we also have a tradition or culture not sharing. More are asking and sharing openly with Leaders and the Jamat. If you change there will be change. Change begins with us. More are speaking up and reading the constitution and know Imam has given all the money to our institution primarily for the benefit of the Jamal and Imam wishes us to ask and know how this money is used and benefits the Jamal. Before we were told never to question and the Farman's were blocked and changed.

NCAB Boards who are under and a Part of the National Councils have been trained for 10 years themselves did not know and did not have Farmans and the constitution ! They know now and they know the Jamat knows and are sharing and asking.

If we continue to seek and share then . There will be change including in the teaching and knowledge of our tariquah .

@ bloglaw

"if NCAB and ICAB are not "helping", and doing what they themselves say, then they are clearly disrespecting the constitution, Farmans, our traditions, our elders, our Imam and the Jamats.."

Has anyone in here ever seen or heard leaders of jamat when the jamat is in crisis and JK has been shut down by village authority, because of the negligence of the leaders, saying right on your and young volunteers faces, instead of listening to suggestions for solutions the exact words were : MONEY TALKS AND B,S. WALKS AND here I am after atleast 15 years to the incident reading people talking still awaiting RESPECT. During our childhood we were taught JK is a holy place and your should never lie when in JK, Well ever since I got my senses and start volunteering I have seen Leaders one after another lie on the podium and now i see their sons and daughters in their positions doing the same thing. Decades have gone by when will the CHANGE come. VERY SORRY TO SAY I HAVE LOST HOPES.

A good, loyal and dedicated murid/volunteer is priceless, while crook leaders and their wannabees are dime a dozen economically speaking a dozen bad apples are better than a good expensive one . wishful mentality can/will never ever competes with ground realities, it is time for actions not words.

YA ALI MADAD

There is more reason to hope

There is more reason to hope today and You can now ask and share on this forum or write and ask the Leaders quoting Farmans. . complaints have been filed which are being shared. Even against the top Leaders like S Sachedina & M Keshavjee if good leaders don't follow and respect the constitution and Farman's then there will be more complaints and if NCAB and ICAB are unjust then there will be court cases.

When you start asking and sharing specific issues and problems and name the Bad apples, then change will come. For example in USA your President is now Chair of LIF but refuses to give the constitution and your ITREB say they only have an old copy of the 1986 constitution and you have to go to their office when these are now on the internet ? They don't give you any books or articles on our tariquah. If more ask and there is no change then murids may need to file complaints and lawsuits in USA like now in India, where Mansoorali has 3 cases in court. You should ask and be given copies of the budgets And reports of all our institutions and 90 companies !

I hope by sharing and seeking the good leaders will realise and will insist on change and will sharing the truth with the Jamats. if we change by seeking and sharing like you are, there will be change. thank you and ya Ali Madad.

"Dissatisfaction All Times"

Ya Ali Madad. I was born and raised in Kenya, and spent many years in Nairobi. I recall during Late Diwan Sir Eboo’s time (who was a wonderful person), some members of Jamat had issues, and at that time technology was not advance like now but there was still “respect and discipline”. Especially, Our Beloved Hazar Imam (uski leelaa nyaari) had “lot of respect” for him, I have been a witness on many occasions. Thank You.

We must learn from the past.

We must learn from the past. There are good Leaders and bad leaders. Those who block Farmans or Imams guidance or disrespect Imam are not good leaders. For example;

Let us see what Muawiyah, said when he took over the Caliphate: "I didn't fight you to pray, fast, and pay charity, but rather to be your leader and to control you!" An indication that his war was politically motivated to gain control of the region and take over the Caliphate. It is no wonder or surprise, that Muawiyah poisoned Imam al-Hasan (as), the greater son of Fatima (sa) - the daughter of Prophet Muhammad (saw). Then Yazid, Muawiyah's son, slaughtered Imam al-Hussain (as), in the desert of Karbala in Iraq, and ordered that Imam al-Husain's (as) head be carried on a spear and displayed in towns for people to see it! If anyone thinks today the remnants of such Munafiqun are not present and alive today, Then this is purely ignorance and not learning from the past or using our intellects..

"O you who believe! do not raise your voices above the voice of prophet, lest your deeds become null while you do not perceive." (Holy Qur'an 49:2). Obey the Prophet. So those who raised their voices against the Imam, expressly or in an implied manner..What does Allah say ? Imam's silence is Wisdom...People have to know their own faith and religion...Imam does not have to teach his leaders like school children.

Remember what Imam said to the Leaders and the Jamat in London GJ - Leaders are not telling what Imam is teeling them to tell you. What does Imam mean ? Knowing that if we only laugh and then not seek and share the truth then are we doing what Imam is telling us to do ? Remember what Imam said on 15th October 2010 !

@ bloglaw

in your comment I find a lil confusion: you wrote:,

that Muawiyah poisoned Imam al-Hasan (as), the greater son of Fatima (sa) - the daughter of Prophet Muhammad (saw). Then Yazid, Muawiyah's son, slaughtered Imam al-Hussain (as), in the desert of Karbala in Iraq,

In the lineage of Imam Pt: 6 there is no mention of IMAM HASAN as Imam . can you pls collaborate on this. thanks.

Ya Ali Madad

There is a discussion on

There is a discussion on this in the Forum section of ismaili.net

"Imam" was used out of respect for Hazrat Hassan, he was not the "Imam Mustakar" which we call Imam like MOwlana Shah Karim is our Imam Mustakar, Hazrat Hassan was the Imam Mustawda (Pir) of his time.

Nowadays we say Pir and Shah or Pir and Imam, at that time it was Imam "Mustawda" Hassan and Imam "Mustakar" Hussein.

There is a discussion on

Thank you librarian.

Eboo may have had issues

Eboo may have had issues with the Jamat and vice-versa but he was always respectful towards the Imam and for that reason, even the Jamat which had issues with him, still had respect for him.

We have all seen in movies several occurrence where SS has been disrespectful towards the Imam and we also know that he was raising the voice to the Imam on 15 October 2010 in Toronto. SS is no Sir Eboo, I would not make any comparison, Eboo knew how to stay in his limits in front of the Imam.

@Umed

Are you trying to say that Our Beloved Hazar Imam has not appointed a suitable Leader for the Jamat?????? Thank You.

@ yasmin

now lets first clear this: Who does MHI appoints?? and who gets appointed by the people MHI appointed. If someone bold enough to answer or atleast share some light on the process. If we follow the trails of appointments from the bottom up we can solve a big chunk of the problems we face today.

I am not doubting in any way the selection of MHI but my doubts are in the selections at the ground level, or local levels.
people getting appointed, does the selector/s ever ask or demand resume if they are really qualified for the job, or how did you perform during your previous appointments, how much knowledge do they have on the subject they are appointed for etc.etc. The criteria today is only one or two:

1) you must know your selector either through your KAKA WADA BAPA or the spouse, and must very very good at boot polishing.

2) we are equal opportunity selector/s NO EXPERIENCE NECESSARY, will train the right person, must be a hard worker must have the passion of learning the trade of polishing, and respect and obey the master i.e selector/s at all times and DISREGARD the teaching and instructions of the GRAND MASTER (mhi).

Isn't this is what is going on today, please correct me if I have the wrong idea. Please start and follow the trail of appointments and i am sure some of these people see and feel the earth shaking under their feet.

YA ALI MADAD

@yasmin

Right on pakifellah.

This is where all of us make the mistake of accepting ALL appointments as made by Mawla.

Once again, there are two sides to this issue and no matter what, both sides are fully entrenched in their beliefs and will not budge.

Even modern day examples of people being apppointed when they do not even qualify (as a result of being non-members) will not deter people from their entrenched beliefs.

You see, the "blanket" statement that Mawla knows best and is aware of everything has "guided" most of us throughout our lives and we are totally oblivious to Mawla's references to Intellect, accountability, free choice, personal search, leaders not complying with His wishes, etc.

Thank you.....................

Offensive comment

Your inferences are down right offensive in your comment. Believe me we do have our eyes open and our intellect functional. I dont at all believe in the notion of turning a blind eye. We have to question our leaders and hold them accountable, but we have to do that firmly but with respect and following protocol. In our current system the second last step in protocol is S'S. I have personally written to S'S after all other steps elicited no responses. SS also sent me a response that was purely crap and beating about the bush. Now I cant appear shameless (like some of you) in my Mowlas eyes and start abusing him here, calling him names and doing his ninda. What I have done, and what I am appealing to all to also do, is take the last step and submit the matter to Mowla. And I am at peace because I did what my Mowla has said i.e I didn't turn a blind eye. I sent firm and strongly worded petitions to all leaders right upto S'S and then proudly but also humbly requested Mowla to now step in. The two sides here are clear. People like you want to do ninda and poke fun and abuse our leaders, instead of taking the last step. Now you have also started jeering at those who wish to take the last step. Blanket statement indeed!!!!
What an awful and offensive comment!

You can do what you like but don't you dare jeer at us and generalize us as people who want to do nothing or who have done nothing!! I will not stand for it!!!

@No Ninda

Ya Ali Madad. Well said. No ninda, as you said you can bring an issue by correspondence with leaders, etc.(I personally believe with the "spiritual permission" of Our Beloved Hazar Imam), and if you are not satisfied with the response, you then leave it with Mowla, you have tried it, now it's upto Mowla to resolve the matter, No Ninda but some people won't understand this!!!!!

Thank you for your support.

Thank you for your support. It is perfectly okay for everyone to do as they like. That is pluralism. But they should remain respectful. We are not disrespecting them so what right do they have to judge us and disrespect our views. I will lash out if this happens again.
Ya Ali Madad

@No Ninda

Ya Ali Madad. I 100% agree with you. Thank You.

@ Ninda and @ Yasmin

The arguments on this forum from all the participants, you guys call it NINDA, as a matter of fact these are plea and concerns from true and dedicated ismailies, do you guys think that writing a letter to SS is the right thing to do, well you are right but you think that you 2 are only right people, do you guys believe that SS AND HIS TEAM not reading any of the stuff that is submitted here, this is a collective effort to bring the BS to an end and let me tell you it is a better and effective venue than your wishful approaches either by letter or sorry to say spiritual correspondence. Looks like you 2 (ninda and yasmin) still believe in the genie in a bottle or Aladin's lamp. I would like to welcome you to ground realities. NO OFFENCE.

Offensive comment

Thank you for your very "non" offensive posting.

I guess this will end the matter for now................

Thank you. Umed

Umed

My comment through you Umed:-

At this desperate juncture when these troubles were brewing, al-Mustansir was roused to action and sent a message to Badr al-Jamali, the then governor of Acre, inviting him to come to Egypt and take control. Badr al-Jamali responded swiftly. Originally an Armenian slave of the Syrian amir, Jamaluddin bin Ammar, he had a successful career as soldier and governor in Syria. His Armenian soldiers were loyal and reliable and he insisted on taking them with him to Egypt. Sailing from Acre in the mid-winter, he landed at Damietta and entered Cairo on 28th Jamada I, 466/January 29, 1074. Badr al-Jamali took the charge and dealt the state affairs efficiently. The swift and energetic actions of Badr al-Jamali brought peace and security to Egypt, and even measure of prosperity. The annual revenue was increased from about 2,000,000 to 3,00,000 dinars. It is true that his efforts were greatly assisted by the fact that the year 466/1074 saw an exceptionally good Nile, so that prosperity and abundance once more reigned through the land.

'At the time, it appears, the court was divided into two factions over the question of the succession, the one party holding to the Khalif's elder son Nizar, the other to a younger son named Musta'li. In one place Nasir-i Khusaro says that the Khalif told him that his elder son Nizar was to be his heir, and the succession of the older son would be in accordance with the doctrines of the sect as already proved by their adherence to Ismail, the son of Jafar as-Sadiq. But Badr and the chief officials were on the side of the younger son Musta'li.'

Badr al-Jamali thus expected the succession of Musta'li but he died in 487/1095, a month before the death of Imam al-Mustansir. The latter appointed Lawun Amin ad-Dawla as a new vizir, but after few days, al-Afdal, the son of Badr al-Jamali managed to obtain office of vizirate when the Imam was almost on death-bed, and also became amir al-juyush (commander of the army). After the death of al-Mustansir, the year 487/1095 marks the triumph of vizirial prerogative over caliphal authority in the structure of the Fatimid empire. Al-Afdal however, was fearing of being deposed by Nizar, so he conspired to remove him.

Please draw your conclusions.....thank you..............

@kachoomber re: Jan. 7th- My comment...

786
Thank you for reminding us of these important details, Kachoomber.
On more than one occasion in these last 2 years I have thought that we are witnessing a repeat of those past days when the vizirs had become way too powerful...

Whose fault do you think was

Whose fault do you think was the deaths of many Imams in the past ? Was it the Imam or those Leaders involved ?

@Integrity re: Jan. 7th-Whose fault...

786
Touché, Integrity!!

Are you saying the Jamat

Are you saying the Jamat must not question the leaders when Imam asks us to question and seek answers, accountability and competence from Leaders ? Why did Imsm ordain the constitution and asked us to read, understand and implement the constitution? If Imam wanted us only to pray and do nothing, why would Imam need to even give Farmans. Please read comments before of the process of how leaders are appointed.

I am not sure to understand

I am not sure to understand your question. Are you saying that when someone commits a murder it is God that we have to blame because he created those people? of course no.

Hazar Imam appoints people to work properly, he gives them the chance to so many to do honest sewa, we can not blame the Imam for the failure of some in the leadership but we can also not approve them when they go against the teachings of our Imam and do not follow the Ethics which he is expecting from all of us including his leaders. he knows the weakness of the system, many times he indicates that to us. Did he not say that his leaders sometimes get away with murder! And the joke about them not telling the Jamat what Imam tells them. And what was again that joke which has been censured about a prison in the back of the Disneyland advertise in Paris? I can go on for many more example...

I agree with you Librarian.

I agree with you Librarian. No one is perfect as Imam says but the difference is you right a wrong when you know you have made a mistake or you have disobeyed your Imam knowingly, as have S Sachedina and M Manji on 15th Oct 2010. We need to be specific. Imam guides and if we or leaders choose to disobey then the loss is ours - Dua, humans and Farmans say do and so does Imam and Quran.

@Amin re: Jan. 7th-I agree with...

786
Indeed, and to admit the mistake "without shame, without shame" (I believe it was said in Bombay in 1992).

If you feel right , you do , why not come with identity ?! ,

Dear Concerned - Ya Ali Madad , .....if you feel , what you are doing and what you are advising is right and only in the interest of jamats , at local or international level , then , what makes you to hide your identity ?! , ....it makes difficult for me also , to respond , .....because , if in any future , if any of us fails for their doing so , naming in the interest of jamats , but , working in the interest of leaders only and , turns negative ! , then , only to be held , as " i am not responsible for "! , ..... " i don't know , who has written this / these / such comments ! , only ?! , ....so , please , come forward with real identity , and , i will respond you , in my own words ! , .....otherwise , it is nothing else , but , writing some such comments , with planning the way of escapism , if required ! , ....thank you ......ya ali madad ...!

Dear brother

Dear brother mansoorali,
When rain falls on earth, two things can happen. It can fall on fertile soil and become a life-source. Or else it can falll on stony ground and just evaporate. Some leaders are like the latter. Telling them anything, requesting them, reasoning with them, demanding answers etc is just an act in futility. Power has turned them into stone. That is why I felt it incumbent upon myself to try and reason with all of you instead and implore you to take the surest way out and that is to submit the matter to our Imam.
With Ya ali madad

Do what Imam says first !

I agree but "after" we have done everything Imam has asked and said, we must do. Only after you have, you must go before Hazar Imam, for new guidance. As Imam says ask yourself have you done everything that your Imam has asked you to do, and if your answer is no then let it be tomorrow that You do so. If you do that, then you will know and be guided on what to do next !

As you know letters you write physically do not reach Hazar Imam. So if you do not obey and do not do what Imam asks, then what you seek esoterically is not a right but a blessing and remember if you do not succeed you have not failed.

Success is in the effort if you accept what Imam says, the result is not yours as of right but a blessing. I hope you have followed your own advice and belief you have shared. thank you.

What matters is what is said

What matters is what is said not who says so. As long as what is said is reasoned and with respect we must address the content. many do not use their names for many reasons.If they are not comfortable we must respect that. remember that many are afraid because they fear they will be targeted.

Serving the Jamat

Hazar Imam said “ I am sure that my Jamat is well aware that the permanency, stability, and competence of its (Jamats), institutions, are central to the longer term future of the Institutions around the world and, of course, the service that they are able to render to the Jamat “ July 2008 (New constitution in 1998).

Imam said Institutions include AKDN who received extra $80 million in 2008, for long term development for the Jamat. This was in addition to normal annual budgets.

Appeal to ICAB

Gafoor from USA has filed a complaint with NCAB in UK. M Chatur has appealed to ICAB and has asked them to provide him with the full constitution and the rules including include Farmans. M Chatur also said,

" Sadly it may be necessary to go to the UK courts, bearing in mind the orders of NCAB and ICAB, so far, and my requests for reasonable particulars and clarifications.

The UK Law does not say, and UK courts will not rule that a citizen does not have the right to the constitution and rules which are used to govern or judge them. In our case our full and complete constitution, AND the law of the land.

Not giving the constitution and the rules to any citizen ( murid), is against the law, and against the very principles of justice and of fundamental human rights. And especially for us as Ismailis, Farmans, and in Islam.

Below are some of our basic and legal rights. I hope NCAB UK will in their deliberations juxtapose them to Ismailism and our constitution.

"All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination."

"It is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,"

"All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."

"Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."

I am still hopeful that it will not be necessary to go to the courts to seek or enforce our rights. If we have to then we need to address all the issues and establish all our rights.

There has been no conciliation by NCAB or ICAB so far. They are not following the normal process of conciliation and not providing even the law under which they are adjudication ( our full constituon and related Farmans)

Imam said in 1998 when the

Imam said in 1998 when the new constitution was released that the constitutions and all the institutions are there for the service of Jamat and there to render service to the Jamats . Imam also allocated substantial specific funds for the various institutions which was summarosed in the UK official Ismaili Magazine. Why are SS and Co not giving the reports or the Farmans and refusing to even explain them. Leaders serving in all the institutions including in IiS and AKDN are there to serve and render service to the Jamat.

The Ismaili community

The Ismaili community are the main stakeholders and primary beneficiary of AKDN a but SS and co are not transparent and block information and reports from them. To others funding partners they provide ? " A significant portion of the funding for development activities comes from national governments, multilateral institutions and private sector partners (see list of partners). His Highness the Aga Khan provides regular funding for administration, new programme and country initiatives, and for some core activities. The Ismaili community contributes invaluable volunteer time, professional services, and substantial financial resources." (AKDN)

They also hide and block guidance and Farmans given by the Imam to be given to them !

reasons for blocking !

Over 90 companies in 20 countries
Assets of over $12.9 billion
Over 80000 employees
Revenue of billions

So every President in every

So every President in every country knows how much money is being allocated and spent. They should give a copy of the budgets and repprts to the Jamat. That is what Hazar imam means when Imam talks of transprency, and being answerable and accountable. What is the mandate and rules of the Grants and review Boards. They also report to DJI ( SS and Company)

@ AR

You wrote:

So every President in every country knows how much money is being allocated and spent. They should give a copy of the budgets and repprts to the Jamat. That is what Hazar imam means when Imam talks of transprency

My friend AR in yours and my dreams. What would happen if a dentist is given the post of a heart surgeon and allowed to operate on somebody. This is exactly what is going on in the institutions. A retiring mukhi (without any knowledge of religion) becomes chairman ITREB and retiring from itreb becomies the President of Council, while Hazar Imam keeps asking the jamat for TKN because he knows there are plenty of loyal and dedicated personalities, if given a chance, but we as jamat allow these scoundrels to play revolving door tactics with us.

I am very sorry to say as we have groups as Ismaili queers on facebook and a webpage who represnt Ismaili community in gay parades, (which is uncalled for) . we also have a group of bootlickers and apple polishers who does running jamati institutions i.e. like a JK building manager can not tell a difference between a nail and a screw and have the walls of JK painted 3 times by not paying attention to the job on MHI expenses wasting money and professional labor (NOT VOLUNTARY). or building a part of the STEP facility 3 times by professionals paying 3 times parts and 3 times professional labor and still being appointed for the current terms.

It has been almost 3 years since the lawsuits and this forum but nothing accomplished, those in power are still in power playing power politics with the jamats emotions, faith and feelings. A very recent incident (which is also happening in your neck of the wood) is illegal use of jamati resources by the big leaders was in Atlanta where this solicitation of audiences occurred, when the students of class 12 were to take a field trip to President Eboo Patel residence for a lecture on how he served the Imam during Golden Jubilee. This was scheduled as two sessions of 30 students WHO WILL HAVE TO FILL OUT A CONSENT FORM to hold everyone harmless of any negligence even death any organisers, teachers, and volunteers even if they are at fault. Cannot go to court or file complaints with legal authorities and waive their rights to legal actions. If any complaint or incident occurs NCAB will supersede the LAW OF THE LAND.

Now lets examine these geniuses at work. It will cost the President $ 10.00 worth of gasoline to come to a Jamati facility and half the time versus taking a party of 30 students and organising volunteers TWICE to President's place, you need at least minimum of 5 minivans 7 passengers each including volunteers thats $ 50.00 of gas and other resources and a risk of accident at least in a 30 minute ride each way, and if something happens during this visit you already waive your rights. this is 2 seperate trips go do the maths, THE PERFECT EXAMPLES OF WASTING OF PRECIOUSE TIME & KNOWLEDGE AND RESOURCES. Thanks to someone who came forward and spoke and had the venue of this field trip changed to a Jamati social hall.

This is the tip of the iceberg, go figure how deep is the corruptions. We have seen in the last 3 years the outcome of this debate on this forum not a single dogtail was straightened, so to make things work for the betterment of the jamat we will have to think globally but act locally. So today I want you guys all brothers and sisters to concentrate on all the local misuse of power by our leaders and start demand the farmans on the local level start building the pressure from within and report here on this forum and all the misuse of even a small deptt. so any time anyone of us anywhere in the world encounters these situations and act responsibly to stop it. This will make a big dent a very noticeable one visible to local and global leaderships, and things will happen. start a tweet or a facebook page with signatures and comments, these leaders cannot stop the MHI from visiting the tweet or facebook. unfortunately, I am not computer savvy otherwise i can do it, but I know there are plenty of networking professionals in here who can heed.

These leaders living in GLASS CASTLE do not know that kids are playing cricket in the street more then ever.

Ya ALI Madad

I agree 100% that the Jamat

I agree 100% that the Jamat and leaders locally must ask for farmans and reports from their leaders and Presidents.Those including Mukhis who have farmans and information, they must share them and share the truth on this forum.

Beware - use your intellect.

Beware - use your intellect. Judge foryurself 1. Where does SS and co belong in this ? 2. Where does Nagib and Alnaz belong ? 3. Where do you belong ?

When the most divine miracle of the holy Qur'an came down to our beloved Prophet (saww) and the pure, truthful and perfect message of Islam spread.  The people of that time had taken position in three distinctive groups.
 
The first group:
The true believers (mu’mineen) are those who embraced Islam wholeheartedly and with true conviction.  ..and they are just a small Jamat ! This group are unfortunately  the extreme minority and very often obliged to live quietly in certain societies, in order that the truth may survive throughout time.  The true believers are those who occupy the ranks of this group, in hopes to be ever so closer to ALLAH (swt). Their true love, faith and conviction arein their hearts are everlasting.
 
The second group:
The open enemies are those who opposed Islam openly in hatred and in violence. Many in this group finally joined those in the third group, since fighting head-on with truth is a loosing battle.   Many of the biggest opponents of Islam, in the early days who did everything to try to destroy Islam, realised that for them it was easier to join the Muslims and control the weaker hearted ones within the ranks.  The rest of this group, despite constant losses stayed on their position to the point that even today later generations of these movements exist.  They make wars against Muslims for no other reason but hate and the thirst for innocent blood.
 
The third group:
This is the most dangerous group, they are the hypocrites...who followed Muawiya and Yazid.... and abandoned the Prophet's family... They have infiltrated into the Ummah...they have coined their own "religion" and called it Islam ! They are usurpers !  They befriend mu’mineen (true believers) and then betray them.  They pretend to believe (especially when it profits them).  They are like a deadly poison that slowly pours into the blood stream, constantly making victims die a slow and painful death.   heir hearts seek only what profits them.   They are lovers of lofty positions in this temporal life and they will betray anyone to get this momentary power.   They love to be close to the truthful believers, in order to try to take position and they love to be in charge of the ignorant in order to spread their social disease.   They are ignorant of their own ignorance.

ALLAH (swt) says:
 "There are some people who say, [we believe in ALLAH and the last day], but they are not at all believers.  They desire to deceive ALLAH and those who believe, but they deceive only themselves while they do not perceive.  There is a disease in their hearts, so ALLAH added to their disease”.  (The Holy Qur'an 2-Al Baqarah 8-10).   And ALLAH (swt) says: "And when you see them, their bodies will please you and if they speak, you will be captivated by their speech; as if they were big pieces of wood clad with garments".  (The holy Qur'an 63–Al-Munafiqun-4).  ..And when it is said to them: Follow what ALLAH has sent down, they say: "Not that!  But we will follow what we found our fathers upon".  What?  Even though their fathers were void of wisdom and guidance?  The parable of those who disbelieve is as the parable of one who calls; but they hear nothing, except a call and a cry.  Deaf, dumb and blind, so they understand not".  (The Holy Qur'an 2 Al- Baqarah 170-171).

When we reflect we quickly understand some different points about true guidance and false guidance. In fact, ALLAH (swt) sent this verse as a warning not to follow blindly, but to use wisdom and understanding to follow the true guidance of ALLAH Azz wa Jall.  Since the creation of man, man has been a victim of blind imitation of superstitions, and heresies.  Look at how many things and conducts in today's society are based on perception, rumors, superstitions and corruption. 

 

You are right they hear the

You are right they hear the cry and the crying need for guidance support and Farmans. But Shafik Sachedina and his inner circle hear only the cry but not what the murids are crying out for " The parable of those who disbelieve is as the parable of one who calls; but they hear nothing, except a call and a cry. Deaf, dumb and blind, so they understand not". (The Holy Qur'an 2 Al- Baqarah 170-171"

Imans says those who know and can, must step up and fight for the crying needs of the Jamat and for the guidance and support which is given for the murids.

Healthy Competitive...Atmosphere....on this ...Platform.

Dear All - Ya Ali Madad , .....am i RIGHT ? , .....if i say , that ....Here , on this site , in my SIGHT , ..it is ..FIGHT .....by each MIGHT , ..... no one seems to be less TIGHT , ..... trying climbing new HEIGHT , and , knowledge coming out , is leading to ....LIGHT .....ya ali madad.....!

This is an excellent forum

This is an excellent forum to seek and share. We are getting information and knowledge which has not been available before. Imam wants us to use our intellect and discuss understand and also explain our faith. How else can we do that.

I agree We must all seek and share information and Farman's and we must to do with respect.

@No ninda INTELLECT How Many Sides in Currency with You ?

Dear No ninda , ya ali madad ,.....i refer to your comment of the well known 31st December ,
....you are becoming day by day , more interesting , being fresh even , ......with your views in news here ,
....i don't know in which country you live ? , and , but i hope , it is on this earth only ? ,
....still , if i don't exaggerate , i think , at least , two sides will be there of the each coin used as currency in your country ! , ....or , One Sided only ?! ,
....if , One Sided , then , No Body can dare to say that your Views are Wrong ! , ...ya ali madad ....!

Grasping at straws

To challenge the view that only our Imam can intervene and help us out with the leaders is ludicrous as this is a COMPLETE solution in itself. And there are no sides to it. My brother, you are just grasping at straws by saying that the issue is two-sided. As I have said, people don't approve of submitting the issue to Mowla because then they have to sit back and do nothing but wait with faith as Mowla will work in His ingenious way. Obviously you are one of those who don't want to do the obvious. And for that, I feel really really sorry for you and your unhumorous attempts at humour and sarcasm.

First Understand the Say , Then Reply in Accordance ...!

Dear No ninda , , Ya Ali Madad , ....sorry , i was busy travelling - working , for last 3 days ,.... so could not attend site , so , some late to reply , particularly you ! , ...will do na ?! ,
.....i had said , you always try to favor only leaders ,and , try to create an impression among leaders , that , you are the only , such great well wisher of leaders , ...against the anger of jamats for leaders everywhere ,
......and , you do not favor jamats instead , which is a matter and demand of time , since long ! ,
.....so , i had to say , for , Two Sides of Coin ! ,
....no body is challenging Capacity of Imam , but , Imam wishes jamats - certain jamati members , to solve out problems of jamats , ....especially the problems , created by leaders only , for jamats ! ,
..and , so ..jamats - certain ( not curtain ) jamati members , try to solve out problems of jamats , on iways!
....particularly the problems , created by particular leaders only , for jamats , ....keeping themselves , behind curtain , ( as you ,are keeping behind curtain your self - and , so you really deserve to be an important leader - or - are you already ?! , and , you , please , do not go too fast , or , you will soon be appointed as , Head of Department of Jamati Problems Creators - JPC ) , and , then , MHI , i assure you , will be more happy than He is ! ,
....and , forget , that , certain jamati members , who are meant to turn certain leaders into straight stick , from their present shape like round round Jalebi , will stop of your sweet - precious advise ! , ....and , sit silently into an unknown corner of their lives , .....but , that time has gone too back , and , not to come again , till ....... as you advise to do ! , means , advise to do nothing ! , .....ya ali madad ....!

@Mansooralibhai

Ya Ali Madad. Neither No Ninda nor myself, are favouring leaders. Leaders have been appointed by Our Beloved Hazar Imam and we have to respect them. My suggestions have always been that if Jamat has any issues with the leaders, regarding their work, etc. one should communicate their issues in a more "professional, civilised and matured" manner, i.e correspondence, etc., and let Mowla deal with it, but not by name-calling, nor in any other disrespectful manner. This kind of behaviour is not performed by "progressive ismailis", and I wonder whether Hazar Imam would be impressed with all this?

Once again I have to say that these leaders have been appointed by Our Beloved Hazar Imam, and we have to respect them. Mansooralibhai, no offence please I am just curious, that those Ismailis who think that these leaders are not suitable for their jobs, and that they are angry with them, are they trying to say that Hazar Imam has not appointed the right leaders for the Jamat?????

@Yasmin, @Mansoor

Very well expressed, Yasmin!

As for mr mansoorali, I am neither a leader now and nor would I want to be one. In fact I am a firm believer in our Pir's given maxim of "door thi laago paay". I only started commenting here because I felt, that in your anger and your passion and consequent open criticism and judgement of leaders, you were somewhat undermining our beloved Hazar Imam who, as Yasmin so aptly puts it, knows what He is doing and has a perfect plan by appointing such leaders. Have you never heard of "uski leelaa nyaari"? We can never understand our Imam's plans and nor should we ever try to question them, and by calling the leaders names and jeering at their characters is nothing but disrespectful to our Imam and for that you should be condemned. And your paranoia that I am a leader or wish to be one speaks volumes about the level of your discontent. Prayers will help calm you down and you will be able then to think more rationally. Why don't you try it for a change. Also you are giving a very poor impression of our community to outsiders and I just don't like that. It is not fair to our Imam.
Anyway, what can we say to a person who openly says that submitting the matter at the feet of our Imam actually means doing nothing. What right do you have to be so blasphemous? Remain within your limits! And understand that our faith is esoteric and talking to the Imam spiritually about our peoblems and seeking His help and intervention is a reality and I'm not just suggesting it because I am on the side of the leaders and so I want everyone to sit down and do nothing. (Only people too full of themselves, like you, can think that).
In fact quite the opposite is true. The leaders have much to explain about their behavior and their dirty politics but it would be much preferrable if the Imam were to take action against them, because then they would be properly fixed. As if we can achieve anything by ourselves. To think that is highly egotistical. So please, mr mansoorali, I implore you to get off your high horse.

There are major changes

There are major changes between the pre-1986 Ismaili Constitution and the post-1986 Constitution. I beg you to study the difference.

One of the major difference is that before 1986, the Constitutional bodies and leadership was indeed accountable to the Imam only, not to the Jamat.

From the moment Mowla signed the 1986 and subsequent (1998) Constitution, He changed the rules and the Institutions became accountable and answerable to the Jamat by the command of the Imam of the Time..

Constitutional Change

Dear Umed Sir, your point is noted and with due deference, agreed upon. The Imam would like the jamat to take a lively rather than a passive interest in what is going on in our community. Your point is valid. But is this, do you surely think, how the Imam would like the jamat to hold our leaders answerable? Is this the way????? And even if you think it is, what's next? Letters and emails have been written to the leaders directly. All protocol as per the constitution has been followed, and then a public outcry has also been initiated via this forum...
No positive results and answers have resulted!
So then, what's next? Is the Imam not the ultimate authority now to turn to when all else has failed??? And is it necessary to present the issues to the Imam physically? Can we not submit them to Him spiritually in our prayers? Will they not be answered?
That is what the entire point is in all my comments, and Mr mansoorali, Mr Bloglaw and yourself seem to be just beating about the bush and refusing steadfastly to bite the humble pill. Pardon me if I am wrong but now I am strongly beginning to suspect that writing comments on this forum against our leaders, calling them names, jeering at their characters and speculating on their appointments etc has become more of an enjoyable passtime rather than an actual quest to seek answers from leaders as per the constitution. If seeking answers was a genuine quest, as it should be, then all of you would be asking yourselves "what should we do now? We are not getting anywhere with the leaders and have run up against a solid wall of bureaucracy. We must definitely turn to our Imam now."
This is not happening. So if this has become an enjoyable habit then is there anything left to say that would actually be construed as constructive?
My prayer to all is stop this farce immediately, come back on the right path and make this a true quest. Take the next step in the due process of protocol and pray to the Imam for His help and intervention now. That will surely make Him happy and proud of all of us.

What do you Advise to Wait for and for What ?! ,

Dear Concerned , No ninda , ...Ya Ali Madad , .....where were , You , not to advise , Our Concerned Leaders , who , against the apparent unwillingness of MHI , got filed the case against Nagib - Alnaz ?! , .....and , still continued even , and , to day you have come forward to advise jamats , not to do such and so things !!.....ya ali madad .....!,

@No Ninda

Ya Ali Madad. Very well said. Umed, Bloglaw, Mansooralibhai, I have always believed and we all believe that Our Beloved Hazar Imam who knows all, and is very patient. This issue cannot be dealt immediately, coz. it is not "instant coffee", that could have been solved "yesterday". Thank You.

There are major changes

My dear Umed,

It appears that a line is emerging between different factions of the group that does not have any confidence in the leadership at large. Whether we call them this, that or the other really is only semantics as I posted in my earlier posting.

At the time of the Mahabharat, even Duryodhan was referred to as "pakhandi" (proud and arrogant), "baalpan" (childish), "mithyaa pan" (lusty and greedy).

People had to use this kind of terminology, even before Shree Krishna.

So, whether we use one tern or another, that is upto the individual. What we to do is keep on struggling the best way we know. With His help, the right solution will be found. None of has any doubt about that.

Thank you.

@ Kachoomber

You wrote:
At the time of the Mahabharat, even Duryodhan was referred to as "pakhandi" (proud and arrogant), "baalpan" (childish), "mithyaa pan" (lusty and greedy).

People had to use this kind of terminology, even before Shree Krishna.

Do you know the true details of the relationship of KRISHNA & RADHA, and Radha was the aunt of Krishna and they had a very very spicy (garam masala) relationship, you think he was only amusing radha by playing flute right? and still 2013 we have a quarter of worlds population treat him as God. and you suggest him as SHREE KRISHNA. Welcome to the pluralistic society. I think it is about time we start living in a real world where apples are apples not oranges.

Ya Ali Madad.

ask spiritually or ask materialy but do not seat doing nothing.

I agree, some fight for Truth sitting with a Tasbih and other decide to say it loud, both will get equal help from the Imam, the point is that no one should just seat and do nothing.

When Imam said seek accountability", some people chose to seek it loud and some chose to seek it spiritually, both may be right in their own ways.

The pen of the scholar may be more valuable than the blood of the martyrs but surely the prayers of the Murids will be equal.

Fine. You wish to continue

Fine. You wish to continue on by all means and I will definitely pray for Mowla to stand by you and help you succeed, ameen. But do keep within the boundaries of respect. What kachoomber fails to mention in his ref: to Mahabharata is that every time such words were spoken in Lord Krishnas presence He, reprimanded them sternly and reminded them that Duryodhan was also their brother. That is why do carry on with your fight but with intellect and respect.
Thank you

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