Ismaili.NET - Heritage F.I.E.L.D.Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
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
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
Imam cannot remove Dr.SS until this lawsuit has ended.
Hazar Imam never fires anyone during the tenure of any volunteer.Person may retire or resign of his own will. If he removes him during the lawsuit Jamat may give out judgement prematurely by mere implication. That is not fair to Dr SS.
MHI wants Federal court of Canada to give out judgement no one else.The case must get a fair trial.
.
If the defendants win the case, then it is likely Dr SS himself might resign. That will be a different scenario altogather. So the new replacement will recommend the Itreb chair and IIS replacement. May be that is why there is no appointment so far awaiting major transformation??
I am more towards major changes following conclusion of the case. Until then it will be prettymuch status quo.
I have noticed one subtle change in photos of MHI's recent secular visits. One of the Nurani family member is accompanying most of the 2010 MHI's international visits. Dr SS is seen little away from MHI in most photos. Previously he used to be right next to or right behind MHI. The distance is noticeable to me.May be of no significance.
Imam is Merciful and will
Imam is Merciful and will forgive a number of mistakes to anyone who has served him in the past. There are example in Ismaili history. We can not judge a person by the fact that The Imam has retained his services, else we would legimitate the actions of all the Emir Al-Afdals of this word...
Not to persue allegations of forgery.
The longer the judge is taking to give the judgement, the chances for the defendants to win is increasing. I see the case being dismissed for lack of convincing evidence beyond doubt that the case is filed by Mawlana Hazar Imam.
But I certainly urge to Nagib and Alnaz that they must not press charges of forgery against the suspected persons as urged by MHI. I understand you guys have undergone tremendous hardships but still follow only and only what Imam has asked you to do. It is only a faith based speculation of course!
Are Imam's annotations shared ?
Soulmate on vancouverite says on December 27, 2010 - In his letter dated November 1, 1990 addressed to Prothonotary Tabib Alnaz Jiwa had stated that His Highness had told them; “He annotates His Farmans” and that the annotated Farmans could be produced to them if they wanted them. But Nagib Tajdin and Alnaz Jiwa have produced and distributed the Farmans that were not annotated by the Imam. Where did they get that authority to produce and distribute Farmans that were not annotated by the Imam?
BLOGLAW RESPONSE December 28, 2010 -
Annotating means explanatory notes which Imam makes-gives on some Farmans for Leaders to understand and to share with the Jamat. I dont recall any Farman which is read in JK and there is an explanation based on Imam’s annotations. Have you ?
Imam does not edit Farmans which means Imam does not change them after they are delivered. In any event the authenticity or integrity of Farmans in the book have not been challenged in the lawsuit.
No succession Planning ?
I have never heard any Farmans being read in JK, for example during GJ, followed by Imam's explanatory notes on that Farman. The London farman was edited. Why would Imam then say again in Singapore that Leaders are not sharing his guidance his with the Jamat.
If Leaders in question are not sharing Imam's guidance, it follows that Jamat and the leadership generally are not aware and are receiving edited (Changed - different) versions of Imam's guidance generally.
Which Top Leaders are responsible. DJI and the ITREB Global HQ.They are both controlled and managed by Dr SS. I am also amazed that M Keshavjee left as global head of ITREB over 6 months ago, and has not been replaced so far. Dr SS (DJI) is effective interim Head of ITREB and also head of DJI. MK was a governor and Professor Arkhoon died. We now have 2 IIS governors who have not been replaced. Dr SS, is also a Governor of IIS and its "effective" Head.
According to Imam's directives and institutional policies, succession planning is a critical priority and has been ongoing for the last 9 plus years. The question is;
1 Dr SS cant find the right person/s to replace and or strengthen capacity or
2 Dr SS does not want to find them, or
3 Dr SS can't find those who will help him blindly to maintain the status quo ?
There are excellent Ismaili professional available, both voluntary and non voluntary.
Soulmate's garbage in and out!!!
Soulmate has questioned the authorization of publishing unannotated farmans. Soulmate does NOT have the ability, capacity nor the wisdom required to analyze these things. It is as if he comes across a pregnant woman and questions whether or not she is a virgin. It betrays his gross lack of wisdom, but is it surprising?
The Imam's offer speaks volumes. No doubt about that.
It is like he is giving us annotated farmans (farmans along with his thought process, never before released to anyone, to my knowledge, and the offer is made to us. I am still in disbelief and awed by the offer, of course when I meet him I will ask for these farmans.
He would never make this offer to us IF he considered as his enemies or if he has really himself written the letters, or affirmation, or brought the claim against us.
Although his leaders are accusing us of theft, the imam is responding by offering us keys and security code to his safe.
Offering us the annotated version of the farmans is so huge, but just as a billion muslims who memorize like puppets the whole Quran but cannot 'see' ayats re the present imam.
Similarly soulmates and his chamchas are blind, their inner eyes sealed while we are offered by the Imam his annotated farmans, and soulmate is concerned about authorization of the farmans - a person has graduated as a heart surgeon from Harvard, and soulmate is wondering if that heart surgeon has his high school diploma. Hmmm, the question itself betrays his real worth - garbage in garbage out.
Bloglaw has asked this to be
Bloglaw has asked this to be posted as he has some spam filter issue:
Comment 1
September in Vancouverite says : Bloglaw, Without being entirely certain of how firmans are authorized, once again, It would reckless and unlike MHI to leave it to fallible individuals to put together his Firmans without reviewing them before distribution.
Reply bloglaw :
If you do not know you should feel free to seek information from our Leadership. Maybe you have. When Imam delivers a Farman or a speech to the Jamat or Leaders. There are 2+ recorders attached to the mike system. There is also an independent recording just in case. Then immediately afterwards they are transcribed. With latest technology, during GJ, it is instantaneous. A transcribed copy is handed to Dr SS, Head of ITREB and to MHI (who may or may not annotate or give additional guidance for the Leaders to share with the Jamat). Then usually that day or asap the Farman is read in JK’s .(without the annotations or the related guidance). The Farman is then supposed to be available globally and in all JK’s including in remote locations for Jamat to access and read too (with the annotations)
However If only some excerpts of Farmans or speeches are to be a part of a publication then of course they need to be reviewed for context clarity and messages etc first by IIS. then ITREB and then by MHI. This is what Dr SS may have been referring to when he said IIS are in the process of printing Farmans which has been agreed by MHI in principle.
Comment No 2
Haji in vancouverite says –“Bloglaw, any Imamat publication (Farmans) that has not been approved by H.H. The Aga Khan and officially distributed by the Imamat Institutions, are NOT VALID, ……… who the hell is NT to tell the ismailies world-wide that his (illegal) published books are truly authentic. He can take his (illegal) books to his grave, but spare us ismailies, …. by pretending that you are looking after the originality of the Ismaili Faith. We DON’T NEED YOU OR YOUR GROUP. We have Hazar Imam to take care of it. Can you not get this message through your head!!! Or are you truly a dummkopf”
Reply by bloglaw
Imam (who you confirm is the real Plaintiff), says all Farmans are available in all JK’s including in remote locations (with his annotations ?). However the truth is they are still not available ? The Leader who should make them available is DR SS as head of DJI (and now also ITREB)
Therefore, In your opinion and to be fair does ” WE DONT NEED YOU OR YOUR GROUP”" apply to DR SS too? J.
NT, Imam and DR SS are all effectively agreeing Farmans in the book are authentic because they are not challenging their authenticity or integrity in this lawsuit !
Also Haji, with respect, Farmans are valid immediately as they are Delivered by MHI. They are not Valid after they are edited by Leaders, or when published - read in JK. Imam in most Farmans says we must take with us Imam’s blessings and messages to our Families and to our Jamats. So should we wait for (edited) Farmans before we give Mubaraki and we share Imam’s Farman with love and happiness Of course we don’t and should not wait..
@Alnaz J
Excellent Reply.
Annotate means ....
Soulmate says : Bloglaw: I knew well in advance that you will land in quicksand and there will be no escape for you. The Imam Himself says that He annotates His Farmans but you go off on a tangent saying that is not so. The Imam spells it out in the court documents that He edits His Farmans and His edited Farmans superced the Oral Farmans but you say that He does not edit His Farmans. So what you are really saying is that the Imam is wrong and you are right; correct? Sorry, I can not ask you to take a hike because you have landed in quick sand; so stay there!
Reply by bloglaw
Hello ! – Please read the meaning and what Imam means when Imam personally said on 15 Oct that Imam “annotates”, (which is totally different to the meaning of “Edits”)
ANNOTATE – verb Definition: WRITE EXPLANATORY NOTES – EXPLANATION – MAKE A STATEMENT OF OPINION
EDIT – verb REWRITE, CHANGE, REFINE CENSOR, ABRIDGE
Soulmate - I am afraid you have proved beyond any reasonable doubt that Alnaz J is right.
Soulmate ill versed in meanings.........
When Soulmate was a student, a close friend of mine did his homework for him as he (Soulmate) could not do so when at school. Even then he had trouble studying, so PLEASE (please) be kind on him, he does not know the meanings of various words - had he studied well, he might not be in trouble understanding words and their meanings. No wonder he is so lost in these matters. If he can't get right or becomes confused with such words as annotate or editing, how can we expect him to do well in intricate and other serious matters.
SEEK KNOWLEDGE IS AN ACT OF FAITH
In the last 5 years MHI has specifically said the following : That our Tariqah is firstly that of peace and secondly of wisdom & knowledge. We must seek and not reject knowledge or wisdom. They are a part of our daily lives. We must seek knowledge for good purposes and use it for benefit of all. We must share knowledge amongst ourselves. Quran says we must seek knowledge to also better understand creation. A Hadith which says seek knowledge even if it is in China (i.e. Far or difficult to access)
mhi SAYS We must seek to better serve people. searching for knowledge in our Tariqah is a reflection of our faith. If you seek knowledge and use it properly, it is an act of faith (MHI has reassured us). we are all seeking and sharing knowledge and in doing so we are following Imam's guidance.Imam says knowledge was different 50 yeas ago and has expanded and is expanding quickly and enormously. Imam says we also need to know how to use and manage knowledge. Imam has also said that Our institutions and Leaders are there to serve the Jamat and to help us to know and to understand. Imam also said in 2008, we must indulge (seek share and discuss) in knowledge and use it for good purposes. (2005 and 2008).
Your Mukhi Saheb and ITREB will and should be very happy to share these Farmans with any murid who is interested, and tto help them understand and know what they know not.
So there is every reason to for us all to seek and share knowledge and wisdom. (Not seeking knowledge is rejecting knowledge and wisdom)
"Better judgment will remove smallness and inequitable complex"
YAM, BLOGLAW! You have mentioned my name somewhere on your blog but I do not see any blog directly addressed to me! However, we cannot look for what is not meant to be seeking out! All contributors are independent and will stress their independence to express their thoughts. Thus, the rationality can only sustain the right from wrong! As far as the Ismaili Muslims Institution is concerned, I assume their autonomy is dependent on the Ismaili Muslims Tariquah. Consequently, the Ismaili Muslims are peaceful and humanitarian. Regarding “knowledge and wisdom,” it grows with experience. This is the raison d’être for us to motivate ourselves voluntarily. These honorary services can take us to the remote part of the world to understand how the humanity have survived where modern technology and modern means of survival are not available! So when our religious conviction is sincerely applied; it will help us to better ourselves to share the joy of our know-how and experience! I do not imagine, anybody would, willingly deny somebody the benefits of knowledge and wisdom. By delegating sincerely your know-how and experience, the burden of any undertaking is shared with better judgment, thus removing smallness and inequitable complex! Allah Hafez, Nizar Ali K. Shivji!
@ Shivji
Reason you did not see my comment is Editor of Vancouverite did not post it. He does not post all which is understandable.
For example he also said he has spoken to me. I responded and said that we have never spoken..We had agreed in an email exchange that we should speak and discuss some 6 months ago but did not.. Maybe you are mistaking me with another conversation
SEEK THAT WHICH YOU KNOW NOT
@Seeker – I agree 100% we should pray and we must also also pray for hakikati Samaj (understanding - wisdom). The Quran and Hazar Imam guides and teaches us to seek knowledge of that which we know not.
In so doing, Hazar Imam has blessed us with Farmans, Institutions, a constitution and specific directions. Therefore when you are concerned and uncertain (as you are). And if you wish to understand and know the truth, then you should seek information or clarity of that which you know not.
Firstly by reading the documents available. Then seek to learn from your Mukhi Saheban’s, ITREB and or the National Council. In your case I feel it may help you to read the directives I have summarized in an earlier post and the Farman I quoted in my open letter to Dr Sachedina (posted earlier. Please feel free and comfortable in quoting them if you need to and clarify them too.
In sincerely seeking information we are not questioning MHI or the leaders. We are in fact following Imam's guidance. Also when you speak to them, you will be also assured that you have the right which Imam has granted to write and submit your Mehmani (Arji) to Hazar Imam. A relevant verse in the Quran is stated below for you to consider too (All 3 translations)
Quran
2:151 (Asad) Even as We have sent unto you an apostle from among yourselves to convey unto you Our messages, and to cause you to grow in purity, and to impart unto you revelation and wisdom, and to teach you that which you knew not
2:151 (Y. Ali) A similar (favour have ye already received) in that We have sent among you an Messenger of your own, rehearsing to you Our Signs, and sanctifying you, and instructing you in Scripture and Wisdom, and in new knowledge.
2:151 (Picktall) Even as We have sent unto you a messenger from among you, who reciteth unto you Our revelations and causeth you to grow, and teacheth you the Scripture and wisdom, and teacheth you that which ye knew not.'
Finally I pray that you will have success in your search both materially and spiritually Ameen.
@Bloglaw
Ya Ali Madad Bloglaw. I fully agree with your para. 4, but our Jamat has been brainwashed from the beginning that we are not to question, and I think that the new generation will not accept this. I remember when I was discussing this lawsuit with my relatives, one of them opposed, saying that we should not discuss anything about Hazar Imam. That is the mentality of lot of our Jamati members, I suppose our missionaries have put in the minds of the Jamat that it is "paap" to question. Thank you.
It is up to all of us
It is up to all of us parents, BUI teachers, leaders, al waezeens, Mukhis friends brothers and sisters to help in ensuring that all of us feel comfortable in seeking information knowing that we will be welcomed and we will receive the information and knowledge we are seeking and that we know not.
This forum and lawsuit has been a start. Any Murid who cannot get information and answers they are seeking, will I hope feel comfortable using this forum, and they can be assured that we will help our brothers and sisters.
Yasmin you are right about the present culture which I hope will change sooner rather than later, and there will be an "effective" institutional forum
With Ya Ali Madad
Change!!
MHI in 1986 during USA visit said that many changes, changes more than we could imagine will come to the organization of our jamat, and then said, the jamats thinking proceeds must change. MHI then in Gilgit 1987 march explained the changed thinking process we must go through.
Our jamats and leaders have still not got what MHI wanted us to achieve after expressing it about 23 years ago.
Pity isn't it?
I think there has been
I think there has been change in the last 23 years in the demographic and material dynamics of the Jamat which has moved and is organically growing in numbers, by half a million to 1 million a year
if we take the 15 million figure which over the last 10 years is the same figure we hear and in our official websites and communication. if we take 15 million and average family of even 5 , and say 2 children per family added and taking away children under 25, we are looking at an organic addition of well over half a million a year. That is excluding Tajikistan and Afghanistan Jamat numbers in the last 10 years. These numbers and growth is bigger than many countries.
I agree this lawsuit has highlighted serious gaps of the ground realities, which need to be addressed. We must take comfort in that and knowing Imam knows and knows best. Therefore we can also look forward to change for the better which will take time and we must be patient and supportive.
More ? OR More of the same !
I did not think of the numbers. before today. Thank you Alibhai and Yasmin whose comment made me reflect on this.
Imagine we therefore will have today over 6 million children in BUI globally and over half a milllion added annually. Wow !. (Assuming access is 90%+)
What a challenge ! Imam has recently signed global agreements with Baclaureate and given the top priority Imam to BUI and education over the last 20 years.
There have been reports and strategies for BUI with a projection of outcomes annually over the last decade. They key for successfully implementation is an effective bridge between BUI and the secular (Din and Dunya) and of embracing a plural culture where we encourage critical enquiry and educate into and not away from creativity. (Excellent 15 minute video of what I mean which you will enjoy http://www.ted.com/talks/ken_robinson_says_schools_kill_creativity.html - for those more interested also see the lastest from him in May 2010)
Without a tranformative change this cannot be successfully implemented. The ITREB global secretariat has been without an effective full time replacement of the global head of ITREB, for some 6 months so far. I assume Dr SS is overseeing this transition, as they report to him..There must be a good reason for the delay as Imam's directives are clear on succession planning and pre-emption.
If there is no or little peripheral evolutionary or organic change, then in 10 years time we will have more of the same and a continuation of the widening gap.The key is the successful implementation of Imam's Farmans, directions and vision for the Jamat.
Supporting the Truth
Is it not inappropriate not to support a person or persons or a group who is on the side of the truth and who have been wronged by others? The above question I posed to my friend who few days back asked me as to why I am supporting the defendants. My considered opinion is that by supporting them even with kind words help them a lot to remain steadfast on high moral ground and the right steps they have taken.
In reality, this way we are not supporting person or persons but the truth, the truth which we firmly believe is on their side. It is the duty, therefore, of every person to extend such support if he has the ability to do so. Participation and discussion in a civilized manner do provide synergic positive effect, provided such discussions remain issue based rather than persons specific. When many persons participate on an issue from different angles and different perspectives with positive attitude, the outcome at the end is bound to be more natural and more stable, and hence, it will have a long lasting positive impact. On the other hand, restricting and impending meaningful discussions is bound to generate suspicions, mistrust and confusion. The end result: more complications and more chaos.
Each intelligent murid must take a stance
I agree. It is important to take a stand in matters of truth and untruth.
Also it is not good to sway here and there and drum on two sides and pretending one is a diplomat and try to keep one feet here and second in another , lest 1 drowns he is safe? Excerpts of ISMS 's firman supports this: Kalame Imame mubin part 1 page 83, firman#32( Ismailia association for India Publication) Jangbar 4th july 1899:
"Make sure you protect your faith like a precious jewel. If you do not there is a very good chance someone can steal it from you. If you have unsecured faith , any one will move it away and you will be the loser .
Also in this faith(Din) you must have one color only. Do not sway here and there. A two color person (double faced hypocrite) will go here and there.If a person does not believe in what we do but believes in the other is better than someone with two colors i.e. a 2 faced hypocrite. You must not be on both sides. Stick to one that is truth which is our Din."
@Alibhai Jiwani
AND - If anyone is uncertain or confused, then they should be be honest to themselves and seek more information by reading and asking on this forum or from Dr SS, MM or their national leaders.
@Kasamali (Dec. 25th)
786
Indeed. Not to support the truth, brother Kasamali, is equivalent to support wrong/evil/untruth: in this matter, there cannot be a neutral position, it cannot be gray instead of black or white. In this matter (= the lawsuit), those who are not on the side of truth, are simply unaware (or do not want to know or believe) that no Imam would ever go against the bayyat He has accepted from a mureed and thus no Imam would sue a mureed. It is because this very simple, yet so fundamental, tenet of the faith is not taken into consideration that the jamat seems divided...
Ya Aly madad.
We can't decide what He can and Cannot do
I feel that I am sitting on the fence in this regard not because I have any less faith.
On one hand, as a mureed, I believe that we cannot and should not decide what Mowla can or cannot do. Who are we to bind the Aql-e-qul with our imperfect aql/wisdom? I believe MHI can do whatever he wishes and it up to us to reconcile our faith to his actions, not the other way around.
On the other hand, given MHI's recent wish to build strong institutions and leadership, I find myself duty bound to respect his institutions and leaders. The individuals may be imperfect or have flaws but the fact that my mowla has appointed them, I should say Ameen. And until MHI (not us) decides otherwise, I feel I should respect his trust in the individuals he has appointed.
Any side I take, I will be disappointing him one way or the other. Although this appears to be a conundrum but more I think about it I am compelled that the best thing for me to do is to keep silent and pray for his mercy on all of us.
Reminds me also of MSMS and
Reminds me also of MSMS and his memoirs. MSMS said that we must seek to manage and guide change to suit our desires. We must then desire the outcome rather than try then to suit the outcome to our desires in seeking to manage and guide that change/event. (pre 1967)
In managing and guiding change, we need to seek knowledge and understand. In order to seek knowledge and understanding we need to "indulge""\ in knowledge (MHI 2008).
@Seeker
If one really cares , one must seek the "Knowledge". That is study the entire case with open mind and then use your own intellect to decide what do you believe. If still undecided seek in your "prayers" right direction . You will find the answer since you sound like a sincere believer in search of truth.
Mawla will guide you.
Spreading Facts or Fiction
Nightmare in Vancouverite says “…. Alnaz Jiwa failed to confess that Nagib Tajdin has invented some excerpts of Farmans in the Infringement Material. Alnaz Jiwa’s ilm-net (nicknamed as satan’s net) had produced proof in this regards. … Bloglaw do you want a copy of this transcript ? …… Alnaz Jiwa had stated that “Mr. Manji [President of Council for Canada] insisted that the web sites cause a lot of problems and confusion in the Jamats, His Highness responded to him saying, “it would be nice if we spoke with one voice, why cannot you work together?”. Factual evidence points to the contrary: …. Notwithstanding the lies of Alnaz Jiwa, every murid of the Imam-of-the-Time, should forever stop visiting Nagib Tajdin’s website.
Bloglaw reply - If you have a copy of what Alnaz has stated personally, I would be certainly be interested in reading it, and so would many others. The fact is Alnaz was not and has not been contacted by the Leaders nor was that letter from MHI addressed to him.
I would also be interested in the factual evidence you say you have of what Imam said on 15th October 2010 you say - "His Highness responded to him saying it would be nice if we spoke with one voice, why cannot you work together?”. Factual evidence points to the contrary.." I would also be interested in the factual evidence you say you have that Nagib you say "has invented some excerpts of Farmans in the Infringement Material" the contrary.."
On 15th Oct 2010, Imam did not ask Nagib to stop his website. There has never been any LIF announcement regarding that website. So why should Ismaili's not continue to visit a website which has a wonderful wealth of resources available free of cost. Dr SS & MM would obviously like to stop that website.
Even if a website is publishing something against Ismailies, why should we not visit that website to learn and understand.Imam and IIS encourages us to seek share and learn so that we can lead and to do so we must understand and respect and be tolerent of all points of views. I suggest you read Imam’s speech on 15 October and visit the website of the Pluralism Centre and read the objectives and goals.
Vancouverite misleading as usual.
I can see that Vancouverite is having Nightmare about Imam accepting that every lucky person that has the Golden Edition Farmans keeps it :-)
Bloglaw has quoted Vancouverite saying "Alnaz Jiwa failed to confess that Nagib Tajdin has invented some excerpts of Farmans in the Infringement Material."
Well the answer is simple, The Imam having accepted that everyone can keep the book of Farman, who are these people questioning his Wisdom and saying there is invented content in the Farman Book accepted by the Imam Himself?
Can they not understand that by criticizing the Farmans, they have themselves alienated their own right [if they had any] to access the Farmans?
Nagib
Confess??
Bloglaw has quoted Vancouverite saying "Alnaz Jiwa failed to confess that Nagib Tajdin has invented some excerpts of Farmans in the Infringement Material."
What does the above quote say or imply? Whoever wrote it needs to explain what is meant by the above quote. AssumIng that he is suggesting that Farmans in the book being distributed are not authentic, all I can say that neither the Statement of Claim, nor the evidence filed nor in the cross examinations conducted is there any suggestion of any Farman wrongfully transcribed or invented, and SS or MM or the Institutions could and would have given evidence that invented Farmans have been published.
In the court the only argument was whether there was consent to publish, not whether any farmans were false or invented farmans. Invented farmans would automatically be considered wrong and damages ordered and injunction issued.
Actually few years back SS
As received from nagib:
Actually few years back SS told me they had checked all the books [The last one was not yet published], he was referring to the first 3 books of KIZ series and he said they found them to be "accurate to the dot".
Nagib
A good professional in
A good professional in reading comments here and in vancouverite websites will come to the conclusion and recommend change of mindset and management of the change.
I would add that this holistic change will come not from come from progressive evolution alone, but a transformative revolution. As Late professor Arkhoon (Governor of IIS) used to say we will need to deconstruct and reconstruct our thinking completely. He was referring to the study of Quran.
We have excellent creative professional Resourses who have offered a TKN Nazrana under the GJ initiatives.
As some commentators have rightly said change will take time. Managed and measurable implementation of change with a holistic approach and strategies, will require a minimum of 5 years if fully supported institutionally.
The challenge as is normal in many FP and NFP conglomerates is acknowledgment and acceptance by firstly the need, and secondly the need for a new TKN resourced change team which is then empowered, creative, and professional. The team and goals also needs to be holistic, inclusive, global and action centric for expected outcomes.
I agree and to acheive
I agree and to achieve expected outcomes sooner rather than later, I would suggest that such a cross functional team should report direct to LIF( as a body) for them to deliberate and present their views to MHI for guidance,.with recommendations for Implementation.Let us hope some of the current members of LIF may be considering this for their next meeting, if they have not already done so.
@Nagib re: above post of Dec. 25th
786
Touché, Nagib !! :-) I love the pun "...is having Nightmare..." Thanks for the humour!
Ya Aly madad.
Reasons why ?
Since 15th October upto date I wonder if Mr Gray or Dr SS and MM, have explained or discussed with Alnaz or Nagib the reasons why an admission of copyright infringement is legally necessary and particularly why it will give more legal protection to MHI against any furture infringements by anyone ?
Pensées pour Nagib, Alnaz
Chers frères Nagib et Alnaz, Ya ali Madat,
Nous arrivons à la fin de l’année 2010 et malgré les Directives très précises et inspirées de Mowlana Hazar Imam lors de l’entretien du 15 octobre et Ses remarques durant Son discours sur le Pluralisme, nos leaders n’ont pas saisi la portée de ces Hidayaths et continuent à désespérer un grand nombre de frères et ismailis à travers le monde. Et ceci est très grave et nous rend très tristes.
En ce qui me concerne, je suis plus que convaincu, cette forme d’intime conviction, que Mowlana Hazar Imam n’a pas initié, n’a pas souhaité ce « lawsuit » contre vous ! Je ne vous connais pas, je ne vous ai jamais rencontré mais j’ai une profonde gratitude, admiration et estime pour le travail de diffusion des Farmans que vous avez réalisé pour vos frères et sœurs ismailis. C’est une œuvre remarquable, très louable et une marque absolue de votre attachement indéfectible à l’Autorité Spirituelle de Mowlana Hazar Imam. Vous êtes Ses murids et Sa Grâce et Sa Miséricorde vous accompagnent ! Quelque soit l’issue de ce regrettable « lawsuit », vous aurez toujours ma reconnaissance !
Quand j’ai voulu approfondir notre Tariqah, me lancer dans cette quête spirituelle que Mowla Bapa prône de tous Ses vœux pour Ses murids, le document de couverture bleu avec les Farmans du Bhaitoul-Khyal que vous aveiz préparé m’a beaucoup servi. Je me suis plongé à la compréhension détaillée des Farmans de Mowla Bapa. Et quelque part, je vous dois ma formation, ma compréhension de cette quête via l’Ibaddat.
Aussi, lors de l’anniversaire de Mowla Bapa le 13 décembre dernier, je me trouvais à Cotonou (Bénin) et l’hôtel où je me trouvais, devant l’immensité de l’océan, j’ai bien sûr eu des pensées pour Mowla Bapa, pour tous les frères et sœurs ismailis et pour vous deux aussi qui traversaient depuis des mois des épreuves difficiles. Permettez-moi de vous soumettre et de vous offrir ainsi qu’à tous les internautes de ce site ce que j’ai rédigé ce jour la.
Avec mes affectueuses pensées fraternelles et passez de bonnes fêtes de fin d’année !
Un songe, un rêve
Ou une réalité subtile !
J’ai conscience que mon âme détient un secret, caché dans mon jardin fleuri. Et je sais depuis cette union par le Bhayat que le code d’accès est la voie de l’Ibaddat. C’est un chemin, une quête personnelle qui s’ouvre vers un champ de liberté, avec la certitude d’atteindre un havre de paix, de sérénité et de bonheur. C’est un acte réfléchi, libre, en en parfait accord avec mon esprit, mon cœur et mon intellect. Un voyage vers une rencontre lumineuse et harmonieuse!
L’Ibaddat est une approche très sérieuse, la plus aboutie de notre Tariqah. C’est une quête personnelle, intime, un cheminement qui donne un sens à nos rêves et au-delà des attentes c’est un voyage où une Rencontre est possible ! Ilest possible de sentir un bras posé sur notre épaule, un visage ou un regard posé sur nous, nous pouvons établir un dialogue, approfondir les échanges et forger de solides convictions sur les dimensions spirituelles du Din et du Dounia.
On avance sur une route lumineuse et cette quête nous offre cette rencontre avec nous même, avec ce que nous aimons, nos faiblesses, nos espoirs, nos prières, nos doutes, nos soucis, nos craintes….avec le secret de notre âme ! Un champ fertile et libre ! L’inquiétude se libère et se perd dans ce lieu sans bord ! On a la place, l’univers sans fin pour soi ! Mais une lumineuse Unlimited vision !
Mais ce chemin est certes difficile, une Grâce du Tout Puissant, fait de patience, d’humilité, de modestie. Et même si les doutes reviennent, se font entendre, les pressions de la vie courante nous submergent, brouillent les messages fondamentaux …..il nous faut tenir la barre, rester sur ce chemin du Siratal-mustaquim, …..Il est là avec nous, nous accompagne, nous prépare des bagages plus légers, nous aider dans nos envols… et finit toujours à nous livrer aux lumières du jour ce que nous ne savons pas dire, nos craintes et nos faiblesses ! Les portes s’ouvrent d’elle mêmes, un parchemin est proposé, quelques cartes sont soulevées….des morceaux manquants à notre intellect sont retrouvés….. »Je suis toujours avec vous » !
Et tous les rendez vous durant cette heure de l’Ibaddat ont le même sens…La route est longue, pas facile mais devient de plus en plus désirable car notre quête est insatiable !
Ces moments de Concentration, un temps où l’esprit s’évapore, une sorte de musique, des vibrations, des éclairs de lumière… des mots, des conversations, des murmures que l’on ne maîtrise plus, ces lignes d’errance, d’abandon, où on se laisse aller. Un passeur nous a aidé à prendre l’envol ! »Aucun désert, aucun océan, aucune montagne n’arrivera à séparer l’Imam de Ses Murids » !
Partons, soyons réguliers, restons derrière la voilure ! Mowla nous épaulera et nous aidera à accéder à des découvertes « à peine pensables », l’impensable à nos yeux, l’inexplicable, des secrets, les clés de la sagesse, de la tolérance, de la compassion…l’Amour ! Accéder à ce qu’il ya de plus vrai en nous !
Ce n’est pas une idée,
Ce n’est pas une émotion,
Ce n’est pas un vertige,
Ce n’est pas une utopie,
Ce n’est pas un Effroi,
C’est une réalité,
C’est une rencontre,
C’est un chant d’amour,
Une victoire sur l’inquiétude,
C’est une vision,
C’est une recherche de l’équilibre,
C’est ce qu’il ya de plus vrai en nous !
Mohez nato
@Mohez Nato (re: above post, Dec. 24)
786
Comme vous avez adressé les réflexions ci-dessus aux internautes aussi, je me permets d'y réagir : vous êtes poète aussi, Mohez ! Puissiez-vous continuer à progresser sur la voie sur laquelle vous cheminez avec Lui à vos côtés. Ameen. J'espère que votre séjour à Cotonou aura donné les résultats escomptés. J'ai été surprise l'autre jour de lire qu'il était interdit de mendier au Bénin...
A propos, avant que je n'oublie de vous le dire! Votre lettre du 19 novembre avait été expédiée au LIF et au Conseil de France.
Je me joins à vous pour renouveler mes remerciements bien sincères et chaleureuses à Nagib et à son équipe pour la publication des livres de Farman (si vous n'avez pas celui qui est au centre du procès, j'espère de tout coeur qu'il vous sera donné un jour de le posséder et de le parcourir : il contient des trésors !!! Sa lecture me procure toujours un bonheur indicible.) : on leur doit une dette qui ne pourra jamais, au grand jamais, être acquittée. Sans nul doute, Mowla Bapa les récompensera infiniment. Louanges à Mowla Bapa de nous avoir jugés dignes de recevoir ce cadeau sans pareil que sont ces livres, et, aussi, ce site qui met à notre portée tant de belles choses, tant de bonheur...Et à Alnaz je renouvelle mes voeux de courage pour cette lutte si pénible. "Satya mèv jayatè."
Ya Aly madad.
French to English translation from Google translator
French to English translation
Thoughts for Nagib, Alnaz
On December 24th, 2010 mohez nato (not verified) says:
Dear brothers, Nagib and Alnaz, Ya ali Madat,
We arrive at the end of 2010 and despite the very specific guidelines and Mowlana Hazar Imam inspired at the meeting of 15 October and her remarks during his speech on Pluralism, our leaders have not grasped the scope of Hidayaths and these continue to despair many brothers and Ismailis worldwide. And this is very serious and makes us very sad.
In my case, I am more convinced that this form of intimate conviction that Mowlana Hazar Imam has not started, did not want this "lawsuit" against you! I do not know, I've never met but I have a deep appreciation, admiration and esteem for the work of disseminating Farmans that you did for your brothers and sisters Ismailis. It is a remarkable piece, very commendable and a mark of your absolute unwavering commitment to the Authority Mowlana Hazar Imam Spiritual. You are murids His and Her Grace and Mercy are with you! Whatever the outcome of this unfortunate "lawsuit" you'll always have my gratitude!
When I wanted to deepen our Tariqah, get into the spiritual quest that Mowla Bapa advocates of all His wishes for his murids, blue paper cover with the Farmans Bhaitoul-Khyal you Aveize prepared me a lot served. I immersed myself in the detailed understanding of Mowla Bapa Farmans. And somewhere, I owe you my background, my understanding of this quest through Ibaddat.
Also, on the anniversary of Mowla Bapa December 13 last, I found myself in Cotonou (Benin) and the hotel where I was, at the immensity of the ocean, of course I had thoughts for Mowla Bapa for all Ismaili brothers and sisters and you two also crossing for months of difficult trials. Let me submit to you and offer you and all users of this site that I wrote that day.
With my affectionate thoughts go fraternal and a happy holiday season!
A dream, a dream
Or a subtle reality!
I realize that my soul has a secret hidden in my flower garden. And since I know this union Bayat the access code is the way to Ibaddat. It is a journey, a personal quest that opens to a field of freedom, with the certainty of achieving a haven of peace, serenity and happiness. It is a deliberate act, free, in perfect agreement with my mind, my heart and my intellect. A trip to a meeting bright and smooth!
The Ibaddat is a very serious approach, the most successful of our Tariqah. This is a personal quest, intimate, a journey that gives meaning to our dreams and beyond expectations is a journey where a meeting is possible! Itis possible to feel an arm resting on our shoulder, a face or a gaze fixed on us, we can establish a dialogue, deepen exchanges and forge strong convictions about the spiritual dimensions of Din and Dunya.
We proceed along the road bright and this quest gives us the encounter with ourselves, with what we love, our weaknesses, our hopes, our prayers, our doubts, our anxieties, our fears .... With the secret of our soul! A fertile field and free! The concern is released and is lost in this place without board! It was instead the endless universe for himself! But a bright vision Unlimited!
But this path is certainly difficult, grace of the Almighty, is patience, humility, modesty. Even if doubts come, are heard, the pressures of everyday life overwhelm us, blurring the fundamental messages ... .. we must take the stand, stay on this path-Siratal mustaquim ... .. He is there with us, with us, preparing us for lighter luggage, help us in our flight ... and always ends up to give us the light of day what we do not say, our fears and weaknesses! The doors open by themselves, a parchment was proposed, some cards are raised. ... Missing pieces to our intellect are found ... .. "I am always with you!
And all appointments during this time of Ibaddat have the same meaning ... The road is long, not easy but becomes increasingly desirable as our insatiable quest!
These moments of concentration, a time when the spirit evaporates, a kind of music, vibration, flashes of light ... the words, conversations, whispers that you no longer control, these lines of wandering, abandonment, where we let go. A smuggler helped us take off! "No desert, no ocean, no mountain happen to separate the Imam of His Muridae!
Let's go, let's regular stay behind the wing! Mowla support us and help us get to discoveries "barely thinkable," the unthinkable to us, the inexplicable, the secret keys of wisdom, tolerance, compassion ... Love! Access to what is most true in us!
This is not an idea,
This is not an emotion
This is not a giddy,
This is not a utopia,
This is not a dread,
It is a reality
This is a meeting,
It is a love song,
A victory over worry,
It is a vision,
It is a quest for balance,
That is what is most true in us!
Mohez nato
replyFrance
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Contscts wuth SS or MM
No, MM or SS has not ever spoken with me or even discussed anything with me. Q why do they insist on infringement.
Remember that SS opposed MHI's confirmation that all distributed books can be kept and not to return. SS sought to make MHI reverse his decision (which he said twice), so they are dying to win the case so they can force the Jamats to return of all books. Their purpose for infringement is in direct contradiction (Gray's revised consent supports our version of what happened on Oct 15.)
They have no desire to follow imam's direction
Leaders top down. should ask
Leaders top down. should ask themselves the following questions, which many if not most are asking.
1. Have we followed Imam's Farmans to resolve differences internally
2. Have we followed Imam,s institutional directives in the reports prepared before and after the lawsuit was filed? Have we asked to read the reports?
3. Have we followed Imam,s directions of 15th Oct 2010?
4. Do we know the reasons why an admission of infringement is so critical ? And based on the 7 reasons why with respect infringement it is a non issue for the consent as directed by MHI ?
5. Do we know Why is Imam waiting and spent 30 minutes on 15 th October and instead of saying may I make a suggestion Imam if Imam wished could have said for example I would like to reassure you I am the plaintiff and it is my wish that you withdraw all allegations and agree to judgement on all claims in the lawsuit?
Imam has reminded Leaders to regularly ask of themselves if they have followed Imam's guidance and farmans and if they have fulfilled all their responsibilities.
If any leader feels he or she has not, then Imam says it is his wish and desire that they should make every possible effort to do so.
In this case Dr SS and MM have clearly not. Other especially top leaders should not wait and certainly approach and discuss with Dr SS and MM and amongst themselves so they fully understand precisely what are the differences and to read the legal and opinion of the leaders in the report presented to MHI Which will be incisive on the issue of an admission to infringement and on the draft consent signed by Alnaz and Nagib.
I hope therefore each leader who has not will ask of themselves and do the right thing because this lawsuit affects the jamat and therefore each leader in their seva and responsibilities to and for the Jamat.
@ Bloglaw: The leaders and Ostrich attitudes.
Over 90 percent of the leaders do not follow the case .Only top few involved may be following.
They do not go on either website hence the knowledge about the case is not there.Period.
They believe what is told to them by their superiors.
Over years all of them have been taught not to question anything that comes from LIF because it is all MHI 's directions
It is an inbreed culture cultivated over the last decade or so.
Only the YES Men have survived to secure their positions, a true key.
An Ostrich burying his head in the ground and ignoring everything else but itself.
Every leader I have spoken to knew nothing about the lawsuit.
Half of them believe it was settled when MHI came to Toronto.
Others believe plaintiff being MHI of course he must have already won , no question.
One leader was so ignorant he said Alnaz is a lady from Canada?
Few others believe they have nothing to do with it.
Their lives and work is same ( Which is status Quo ofcourse) Easy as ever.
It is Only Mawla who is working all the time
Some good leaders involved in grassroot projects are so involved and busy they do not have time to follow this court case.
They cant be bothered!
So however vital it is what is posted here by bloglaw and Moez Nato the audience is miniscule.
Hence the thoughts and ideas and legitimate questions of all the thinkers and well wishers and intellectuals is not welcomed.
Many leaders say they do not
Many leaders say they do not follow this case or know about it because they do not wish to eneter into that discussion with you at that time. This is simply a diplomatic response.
My experience is most Leaders and the Jamat know and are happy to talk individually, confidentially and selectively. What is most important and wonderful is that they all come to know in any event. Hence the audience, interest, concern and reach are all significant.
I agree some specific leaders in question have managed to exercise excessive unilateralism in the last decade or so, at the expense of the right balance of din and dunya and the checks and balances. Hence the need to reverse this pervasive and widening gap..
However as a result of the lawsuit Leaders top down are now aware and know. Any significant and noticeable change and a especially a change of mindset will take time and we must be patient. Meanwhile and as directed by MHI, we must give feed back and continue to give our support to our Leaders top down.
We must also give credit to ALL leaders where it is due for the excellent work and progress facilitated and enabled by Hazar Imam.
Do miracles happen?
Do miracles happen? Yes, they used to happen in the past and they also happen in this age. Similarly, we can say about Leelas (plays); thy used to take place in the past during the time of nine Avatars and also used to take place during our previous Imams. He does such Leelas even now. It depends upon individual’s perception and outlook to observe and understand them.
Here are some of His Leelas in this case.
Leela # 1:
Gray was pressing very hard for summary judgment, from the beginning, soon after cross examinations were over. On the other hand, defendants were pressing for discovery prior to judgment.
Defendants were successful in creating doubt in the mind of Prothonotary about the plaintiff’s identity, and hence able to get discovery order. Gray did not expect this and hence was terrified and got panicky, because by his own efforts, and for obvious reasons, he was not in a position to produce HI for discovery. He rushed to Ottawa judge in panicky mode with 24 page motion application, but there too he had no luck. However, with the help of SS and MM, he was able to produce HI in the discovery meeting.
We will just see as to how this order of discovery was itself a part of Leelas.
Leelas #2:
HI did appear for discovery. Most of people say that He was there as a part of court judgment. But inner reality was something else. But that requires a different mindset to understand it.
It was Nagib’s prerogative to appoint appropriate recording person from the court, but he somehow, it seems, forgot to do it, and instead, Gray hired one of his choice. However, this oversight/ mistake of Nagib went into defendants favour. How? Here is the answer.
Had Nagib hired a recording person, he would have recorded entire 30 minutes conversations, and hence every thing would have been clear to such an extent that Gray/SS/ MM had no option but to agree to consent judgment within a day or two, and the case must have been settled immediately.
Had the case been settled this way, just after 15th October meeting, the Ismailis of Vancouverite type, in general, would have started the propaganda that the case indeed had been filed by HI, but He, in His infinite mercy, compelled his lawyer Gray for consent judgment. These people in that case would have been successful to convince the entire jamat that the defendants’ acts since 1992 had been destructive for the entire global jamat and that their only intentions were to slender leadership in the guise of Mehmani and, at the same time, mint money by printing of Farman books.
But He perhaps has a different plan and led Nagib to make this oversight/mistake of not hiring a recording person.
This is Leela # 2.
Leela #3:
Just at the beginning of discovery meeting, as soon as Nagib handed over his January 4th letter to HI, Gray snatched that letter from HI’s hands. HI acted innocently as if no thing has happened. This is Leela#3. How? Let us see this too.
Had Gray not snatched that letter, HI would have read it and naturally would have asked him as what he wants to say, and Nagib would have asked those five questions related to this case and would have also clarified,” Khudavind, did you write those letters and are you the plaintiff in this case.” And HI’s direct reply one way or the other would have ended the case one way or the other. But here too it seems, He had a different plan, perhaps to let the case proceed further so as to enable the real truth to prevail.
This is Leela# 3.
Leela#4:
On 7th December, during proceeding of summary judgment Gray and SS arranged to present Carnegie, HI’s staff lawyer, in the court and introduce him to the judge to impress him and, at the same time, to intimidate both the defendants. But their whole plan failed as Al Naz has found out the stud case 2000 in which Carnegie was also involved.
This is Leela#4
General:
From point of view of defendants the discovery meeting was indeed a positive one. HI was not only empathetic to them by answering some of the Tariqa related queries, but also assured them that He would meet them again and work with them. While the same meeting with limited recording was not of much help to Gray, SS and MM.
Conclusion:
I feel, we may expect some more Leelas and with the aggregate effect of each such Leelas, the case is inching gradually to wards real truth, and as a result many positive outcomes will follow too.
Miracle, strange, Leela Providence....
Dr SS, MM and AK are using the very best legal brains and necessary resources money can buy. Before the cross examination of SS & AK, they all knew what questions & issues which will be raised. They will have considered all the issues and the articulation of their responses in detail and comprehensively. They will have had the option of mock questions and answers. with Mr Gray, his team and or Mr Carnegie They have also had in addition our institutional leadership training sessions annually for the last 18 years..
Instead of carefully prepared and articulated responses, both Dr SS and AK demonstrated and confirmed a no care attitude by making at best statements which show a lack of respect and understanding for our Tariquah, and consequently the Jamat and The Imamat.
So who is helping to ensure that the real truth comes out in the open and that too, DIRECTLY from the leaders in question. Anyone can read and decide this for themselves.(Umed please can you add the link on this website).
Call it a Miracle, Leela, providence, strange or a combination of such names and coincidences. The truth would not otherwise have been known.
After the meeting on 15 Oct 2010, Alnaz has confirmed that there have been no meetings or discussions nor reasons explained why an admission of infringement is critical for the purposes of consent and settlement as directed by Hazar Imam.
Dr SS & MM are clearly not following Imam's Farmans or the institutional directives to settle the only difference remaining in this case by arbitration or discussion with the 2 murids..
Imam reminded us of the divine in his speech on 15 October 2010 ".....In acknowledging the immensity of The Divine, we will also come to acknowledge our human limitations, the incomplete nature of human understanding. In that light, the amazing diversity of Creation itself can be seen as a great gift to us – not a cause for anxiety but a source of delight. Even the diversity of our religious interpretations can be greeted as something to share with one another – rather than something to fear..."
In giving feed back I am acknowledging humbly that none of us are perfect. Hazar Imam has confirmed clearly that perfection is Allah’s alone. We must not therefore not seek perfection from our Leaders, we must be generous and supportive. However we must expect performance not perfection, we must also expect competence answerability and capability (1992).
"We must expect performance not perfection"
YAM, BLOGLAW! Thank you for acknowledging in Ismaili.Net, dated December 24, 2010 about the Ismaili Muslims Institutional leadership training sessions annually for the last 18 years! You do admit that the said leadership have the necessary resources to provide them with first–hand know how and training! The Ismaili Muslims Tariquah has enlightened the Jamat and the leadership about the Imam of the time and the Ismailism to an extent that everybody in the Community knows about the protocol, code of behaviour, and etiquette which we all have witnessed during Mawlana Hazar Imam’s Golden Jubilee. This has happened to stay up to date with the time. Our training and education in educated and well-informed countries have given us the opportunity to become scholar, academic, philosopher, etc. These academics are meticulously researching our hereditary, our culture, and our religious conviction. In this era, it has become mandatory who we are and where do we stand? Hazar Imam has articulated in His Farman in India that the grievance about the Ismaili Muslims Institution and it leadership is not fair because nobody is perfect with the exception of Allah! Therefore in your own words Bloglaw, I quote: In giving feed back I am acknowledging humbly that none of us are perfect. Hazar Imam has confirmed clearly that perfection is Allah’s alone. We must not, therefore, seek any perfection from our Leaders; we must be generous and supportive. However we must expect performance not perfection, we must also expect competence answerability and capability (1992), unquote. Allah Hafez, Nizar Ali K. Shivji!
@kasamali
I frankly admit that I do not understand much about Leela. But yes, some strange positive things are happening with this case. Let us all continue to pray for such more positive things.
@Kasamali
I fully agree with you.
What is apprent is not truth and what is truth is not apparent.
But everything will play out smoothly in due course.
My faith is defendants will be the winners.
Mawla is al rehman,al
Mawla is al rehman,al raheem, Mawla is maha dayaru and mamtaru, Mawla is al Karim.
How can Mawla take legal action against one of his Murid knowing none of his leaders has even approached or wrote any letters to him (if he authorised letters) - Alnaz. I say never - If Mawla would never then why Alnaz was included as a defendant and is still a defendant , and why no conciliation, meeting, and why Dr SS and MM as leaders not following Imam's guidance, Farmans and Directives.
Would Mawla say that Farmans are available in all JK's including in remote locations if they are in fact not. (I say never !) Before that statement was released in court why did not Leaders or Mr Gray make sure this was true ?
Would Mawla ever give directions and Farmans and go againt his own Farman and directions ? I say never !
Why bring Mr Carnegie to the court and announce him to the judge when in fact Mr Gray is best of the best lawyer ?
Taubha"! Taubha !
Leaders need to ask, review and not just sit and wait but they sould discuss amongst themselves to conclude this case as directed by MHI.on 15 October 2010. According to Dr SS statements under oath he did say MHI wanted him to discuss this amongst the leaders.
It is never too late to do so now. We all know from experience or fromTv/Films/documentaries, that cases and disputes are settled at the 11th hour all the time. The stud case quoted was settled.
what is going on
its been a while since we heard what is going on. Can some one update thanks.
Everyone is waiting for the
Everyone is waiting for the judgment to read how the Judge arrived at his conclusions whatever they are and which party fought the case in a more convincing manner. Both parties had about 25 previous cases to support their stand, both books of authorities submitted are voluminous. We forecast however a long judgment [many pages] explaining many issues raised during the Motions. It is only reading the explanations in the judgment that we will know if the Ismaili community's workings and what is the status of the Imam, if these points have been explained properly during the Motions.
Ideally the Imam should have been the one writing the judgment. It was unfortunate that even though the Consent Judgment was signed exactly according to the Imam's s instructions by the defendants, it was not acceptable to SS and MM who are directing this case. And it is even more unacceptable that after the Imam said in details that he remembers the 1992 Mehmani instruction to continue publishing Farmans, Gray is still following SS and MM instructions while pretending to represent the Imam. The fact that the Imam found nothing wrong with the Farman Book and allowed everyone to keep it should have been an eye opener.
SS's attempted stunt of sending the lawyer Carnegie to sit within the audience during the Motion has backfired as thanks to his presence, search was done and his name was found in another case involving fraud in the Aga Khan stud.
We can conclude that at the discovery the Imam took the horse to the water but the horse refused to drink. In due time the Imam will tackle these rogue elements. Meanwhile, patience is the name of the game. It has been a long year for the community. Happy New Year to all!
@librarian-umed above post (Dec. 22nd)
786
Please, Umed, when the Judge's decision is made, do not forget to present it to us in plain English, so that people like me can understand what is meant :-)! Thank you in advance!
Ya Aly madad.
that is why mowla said "we shall meet again"
yes that is why mowla said we shall meet again. First meeting was to show mercy on the leaders and the second meeting will be to save his true momins. i say this both tajidin and alnaz were very lucky to talk to mowla and have a mulaqat with him. Not every one is lucky enough to be bestowed that honor.
Do you belive that ours is a batuni Faith
Do you believe that ours is a "batuni faith" and Hazar imam is "All-knowing"? If answer to my question is "Yes" then
Hazar Imam is the one who is going to be writing the judgement indeed!! All will be fine for defendants and Jamat Inshaallah.
I was watching a movie "Miracle on the 34 th street" , an all time American favorite during Christmas where the judge in New York had to rule whether there is a Santa clause or it is just a fantasy? After very interesting court proceedings mostly favoring logic over Faith finally to everyone's surprise the judge had to rule that he believes there is Santaclause to save the faith and hope of millions of children worldwide based on series of events that took place just before the verdict was to be given!
So just wait and watch.
“Allah Is All Knowing And Infinite With Grace and Mercy!”
YA-ALI-MADAT, LIBRARIAN UMED, MS ZEENATARA, YASMIN, AND MOMIN! Foremost, please accept my thanks for your explanation and clarification regarding the usage of expressions and idioms. Figuratively, one way or another, it is a matter of unimportant to become an issue! Ms Zeenatara what has come to light between Dr. Shafique Sachedina and you is bygone and since its publication as an “Open Letter” in this website, its contents were released to all readers. For that reason we have duly noted your intention with our comments which are in no way a reprimand to you! It is not a judgment but a polite caution to be more ambassadorial. Like us you felt to make your voice louder, and you succeeded in getting a reply! Mawlana Hazar Imam and the Ismaili Muslims Community never judge their own. But seek resolution within or by legal means! Let me declare to you there is no partition of any sort. Whatever has come out has happened! This litigation is a now a public matter. It is open and unrestricted! Therefore, any reader is at liberty to express his/her thoughts as deemed fit. This issue is like a penny dropped in an ocean! It will fade away in time with or without repercussion! I agree with you that we should pray to seek Allah’s infinite grace and mercy. We should also beg for His ‘Rahem’ to differentiate between good and bad. Mawlana Hazar Imam is philanthropist and humanitarian. He is our Spiritual Father. Therefore, let us make good of our commitment with good intention to love Him and our own! Allah Hafez, Nizar Ali K. Shivji!
Diplomacy
It's interesting to note that Sister Zeenatara is being advised to become more ambassadorial in her communications with the leaders and yet, the language used against the defendants on the Vancouverite posts is far from civil and diplomatic. So is it only our leaders who deserve respect and diplomacy and others, whom leaders are opposing, are no longer human beings worthy of any respect and diplomacy? Do they not have emotions? Feelings? When writing about them is it to be forgotten that they also have children and families who will read this kind of language against them and be thoroughly horrified and extremely hurt?
I join sister Zeenatara in her appeal that everyone should keep their opinions to themselves and just pray for unity and restoration of equilibrium. After all, if a decision in this case is taken against the defendants that decision would be the judge's decision and not Hazar Imam's decision. So with all due respect, let us stop these discussions because it is very difficult for us to maintain the delicate boundary between opinion and judgement. And with more and more discussions, this boundary is likely to be crossed and has been crossed as far as I am concerned.
Division
I don't fully agree with you. MSMS has differentiated between Ismailis and TRUE Ismailis, in a number of farmans (eg. Chandraat). MSMS also has also said there are aneek (plenty) of Yezid/Shimar like people sitting here in the jamat.
If we read our history there are many many leaders (incl.some from his family) who have betrayed the imam and his jamats.
Today is not different. There is no doubt at all of SS and MM's status - if you read SS's transcript you have no choice but to say that he is worse, and those who continue to support him cant be different - they are of same cloth, enemies of the imam and the Jamat, Not surprising at all.
Read MSMS's farmans to understand or to identify these types of people,
Mowla's Grace
Ya Ali Madad Zeenatara. I agree with you and others. These 2 Murids Nagib and Alnaz love Our Beloved Hazar Imam, and Mowla knows that. The issue up here is "publishing of Farmans", and unfortunately it went into a lawsuit. Our Mowla was so gracious to both of them, blessed them on Oct.15 not for 5 mins. but for 30 mins., because He loves them both. This issue is between our Mowla, Nagib and Alnaz. We have "no right" to say as to what should be done to these 2 Murids, and indirectly try to tell Mowla as to what He should do with them. Other sites and their groups should just leave them alone, and let Mowla make a decision. Infact they as good ismailis should go to Jamatkhana and pray for their spiritual brothers Nagib and Alnaz, then Mowla will be very happy.
We all should make Our Beloved Hazar Imam always happy, because He has sacrificed His entire life for our Ismaili Jamat, and He loves us more than we love Him. Thank you.
Mowla mera kazi
Further to my concerns voiced in my previous comment posted yesterday, this painful division in our jamat would never have happened if we had just followed our Imam's firman: Only Mowla is allowed to judge, He is THE judge. Nobody else has that right. However, it seems we have been very quick to judge on this case and that is why this split has occurred.
As soon as this case surfaced, we should all have bowed our heads and begged Mowla for His infinite mercy in order to restore unity. Instead, we started taking sides immediately and became judges. According to our Imam Sultan Mohamed Shah (SAW) the difference between man and animal (insaan and haivaan) is that man has the power to differentiate between good and evil and in this case, the good and right thing to do would be to join hands and beg Mowla to restore unity in our jamat by forgiving both parties. It is not too late to do so, so let us stop deciding ourselves who is right and who is wrong and instead pray for this division to be filled.
Before I am questioned, let me clarify that my letter to Shafik Sachedina was on an entirely different issue. Him and other leaders have no right to behave badly in front of the Imam and to abuse the privileges granted to them by the Imam. If they want to do so then they should resign. This letter had nothing to do with any kind of judgement on my part regarding the case. That was a matter of love for the Imam, and my consequent inability to hear about beadabi in His presence by leaders He Himself has appointed.
Thank you brothers Nizar, Umed and Momin and sister Yasmin.
And once again I appeal to all: forget about who is right and who is wrong, let Mowla be the judge of that and also let Mowla decide what should happen to those who are wrong.
We all should pray for one thing only and that is unity in our jamat. After all, Mowla is oft forgiving and most merciful and as history shows it, even the worst offenders like Ravan have attained salvation by taking Mowla's name and deeply repenting just before their last breaths.
“We should create love and fondness for Mawlana Hazar Imam.”
YA-ALI-MADAT, MS ZEENATARA AND MS YASMIN (NOT VERIFIED)! Agreed! We should create love and fondness for Mawlana Hazar Imam. We should feel affection and friendliness for our brothers and sisters. But how can we achieve these love, fondness, and friendliness? We all are materially so much engrossed in our individualism that we are not able to get acquainted with our own! I will agree with you on your kind thoughts and comments but would very kindly request you to refrain from references “to barking dogs, etc.” We are human beings and there is lot of difference between human being and animal! ‘Hazarat Sir Sultan Mohammed Shah Aga Khan has articulated in one His Farman that the performance between human being and the animal is the same – both can procreate, eat, be no more, etc. but the Almighty Allah has given the brain to human being to exercise additional benefits that is bestowed upon them’! We, as human being, have our shortcoming, weakness, and limitation. This limitation could lead us to greed, avarice, and self-indulgence. The only possible way out is to slow down from self-possession, bring under control our weakness and failing! Therefore, let us remove the dividing wall; stop pointing fingers at our challengers. Days of rudimentary are beyond us! Let us follow the wisdom of our Pir and beg Almighty Allah for His grace and mercy!
“Your religious conviction is yours; it is only you who can doubt it.” I would like to take this opportunity to thank Liberian Umed and all those who have accepted me as I am. I mean no harm to anyone! With my sincere prayers in your efforts to create harmony and love among us! Allah Hafez, Nizar Ali K. Shivji!
This is an expression "Let
This is an expression "Let the mad dogs bark", it is never meant literally. Even Mowlana Hazar Imam has used this expression for people who criticize without trying to understand.
Everyone will understand
Everyone will understand this is merely an an expression which Zenaatara clarified by saying to let them be (let them say & do what they like). Expressions and Idioms should never be taken literally. Thanks.
Painful Division
This division amongst our brothers and sisters is so very painful. I shudder to think how our Imam is feeling. Has our Imam taught us to be so harsh and so judgmental?!
All those associated with Vancouverite should be highly ashamed of themselves. They say they are standing up for Mowla but in fact their demeanor, their language and their cold and forboding attitudes, bordering on crucifixion, are actually letting the Imam down. Not to mention the amount of pain He is going through.
Well, barking dogs will bark so at least I can appeal to my brothers and sisters on this site not to enter into a barking match with such people and also there is the need to be very careful of one's imaan which is a delicate treasure. Where such people as the Vancouverite group are concerned, it would be wise to remember our Pir's words:
Gurnar thi bhulaa tasu vaad na kije,
Te to avar ko jiv dolaaveji
So please my brothers and sisters, let us remember that having arguments and discussions with such people as the vancouverite group, who are stubbornly fixated on their misguided views, can be dangerous because they can succeed in shaking your faith. So according to the Pir, the best thing to do is to keep away from such people and let them continue with their harsh attrocities. The best thing for us to do is to turn our backs on them and continue praying to our Imam to step in and bridge this painful division amongst our brothers and sisters with His grace and mercy, Ameen.
@Zeenatara
Ya Ali Madad Zeenatara. Well said. All those who are attacking verbally their Spiritual Brothers and Sisters, and they say that they are standing up for Mowla, but unfortunately, they are making Our Beloved Hazar Imam go through lot of pain. It is very sad, when your Mowla is in pain. Thank you.
forgiveness
On 15th October, Nagib and Al Naz asked for forgiveness of HI, and hence they will never be punished as per following verse of Quran:
“But Allah would not punish them while you(Rasul) were with them, nor will He punish them while they seek(your) forgiveness” (Holy Quran: 8:33)
The question is: Who did not ask for forgiveness and instead defied His wishes and suggestions?
What happened now?
I thought Mr Gray rushed in for summary judgement thinking favorable "instant judgement" was in his pocket, a piece of cake?
For sure the Judge did not hand him the victory so easily so far.
The longer it is taking I think the judge is reviewing everything more carefully?Especially with introduction of the"stud case"?
Or is it just normal it takes a long before any decision?
I heard a rumor from London from a prestigious Ismaili that the Plaintiff already got the Summary judgement in their favor .I told him my guess is the case is going to continue.
Can librarian Umed give some update?
I do not think there will be
I do not think there will be any hasty decision on this matter. The easy matter would have been just to give a judgment in the matter of Copyright without considering the far reaching changes it will bring to the Ismaili Faith as practiced for Centuries by our Jamat. But the judge was very much aware of what this would meant to our Faith.
The first day of the hearing on 7 December, the Judge was very annoyed, he asked "Why can't you all resolve the issue by mediation?" It looked like he was not comfortable giving a decision in a so complicated matter which was way beyond the issue of copyright and in which he understood that the defendant were eager to comply with whatever the Imam will tell them to do. He could not understand that the Imam came for Discovery and went and the case was still continuing. I guess it is difficult for any person, including me to understand that when the Imam came to find an honourable solution to this lawsuit which was launched without consulting Him why was it still continuing?.
Why are these people SS, MM and Gray still continuing it against the wishes expressed clearly by the Imam? And when the Imam Himself confirmed to them that He vividly remembered the Mehmani of 1992 and the presentation of the book and the instructions He Himself gave to Karim Alibhay, how are these 3 people going to justify what they have done behind the Imam's back by continuing in His name a baseless lawsuit.
And my question to them is simple: The Imam said he will meet us again and we will work together and He will give us all the Farmans with His anotations. Where will these people hide when it happens?
Nagib
Check the court docket
If it is not on the docket, it is a rumour:
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...
Enjoy Surfing Your Heritage!
Respect for Tariquah ! ..
Vancouvertite News Editor says to Bloglaw “…………. I must say there is no logical reason for the defendants to create a mission for themselves through some dubious belief that makes them fight the very institution of Imamat that they purport to have full faith in. What ….. I think ego has come in the way of reason. …….the defendants who have set themselves up as the supreme authority of Ismailis – that they will decide what Ismailis need and that the leadership should see it their way. It is very important to understand that you can believe what you want – just don’t force those beliefs down our throats ….”
Bloglaw replies
Mr Editor : Imam Issues Farmans, instructions and directives to be followed and implemented. The central issue is why then would Imam not want them to be followed and practiced ? The obvious question that follows is :
Would Imam file a lawsuit if he knew Alnaz was not contacted, Farmans are not available in all JK 's, succinct, incisive and factual analysis, regarding the facts of this case were not prepared and or considered institutionally before the lawsuit was filed, collegiality and dialogue are at best limited and selective, and Imam’s Farmans to always resolve by arbitration, friendship and discussion as brothers and sisters, etc .
The defendants should be thanked for highlighting all the issues, and enabling an unprecedented feed back of the widening gap of the root causes and the ground realities. This is in keeping with Farmans and directives of MHI.
Regarding personal beliefs, We must all respect them and each other, and if it is the belief of some which we do not agree with we must still respect it. Imam wishes rites, ceremonies and traditions to be preserved and respected including mehmani. We now have new traditions which have are being introduced globally as you may know or can find out if you do not know.
Remembering also, in out Tariquah and in Islam, we do not separate the spiritual and the temporal. This is stated very clearly in the constitution by MHI. Therefore Farmans, directives and instructions from the Imam are holistic and inclusive. In this case farmans and the directives are clear. They have not all been followed is also clear.
I hope and pray that the only remaining issue of an admission is concluded by consent and agreement in the spirit of Imam’s directions on 15 October 2010, and in accordance with the farmans and directives issued by MHI on this subject and generally in the spirit of brotherhood and friendship. Ameen
Resposibility
“It is not fitting for a believer, man or woman, when a matter has been decided by God and his messenger to have any opinion regarding their decision.” (Holy Quran, 33: 36)
Hazar Imam on 15th October expressed his decision/ wish for consent judgement, but it could not materialized .
The question is: Who is responsible for this? Ponder.
“ Say (O, Muhammad), if you love Allah, follow me(Rasul), Allah will love you and forgive your sins. Allah is forgiving, merciful” ( Holy Quran 3:31)
The question is, who has not followed Him after 15th October meeting?
Sirat al Mustaqueem
You are right according to all the 3 authoritative translations of the Holy Quran. It is important to look at all the translations from the Quran;
When a directive or a decision is given, then If a believer follows his/her own opinion or interpretation, then they are rebelling against Allah by letting their attitude or course of action be determined by their personal interests, bias and preference.
(YUSUF ALI ) 33:36 It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision*: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path **.
ASAD) 33:36 (Now whenever God and His Apostle have decided a matter, it is not for a believing man or a believing woman to claim freedom of choice* in so far as they themselves are concerned: for he who [thus] rebels against God and His Apostle** has already, most obviously, gone astray.
PICKTHALL) 33:36 (And it becometh not a believing man or a believing woman, when Allah and His messenger have decided an affair (for them), * that they should (after that) claim any say in their affair; and whoso is rebellious to Allah and His messenger, ** he verily goeth astray in error manifest
* whenever a specific law is in the Qur’an (Allah) or in an injunction (order - guidance ) promulgated (declared) by the Messenger.
** to have a choice in their concern " - to let their attitude or course of action be determined, by their personal interests, bias & preference, and not, as decided by Allah or His Messenger
Quran !!
These Ayats and many verses from our Ginans give us warnings not to question the Imams (Pirs) and to obey, obey immediately, without questions or doubts.
Remember, on October 15, both MM and SS were told off by the Imam 'it would be nice if we spoke with same ('one' to MM) voice when both not only did not accept the decision given by the Imam, but opposed Imam's decisions directly on His face.
However, when a person opposes the Imam directly on his face, what is that person capable of doing behind the Imam's face, when the Imam is physically not present! Moreover what can we expect of such persons.
I ask myself often, there must be a purpose for the Imam to show me in person what I had been hearing for decades - direct defiance by his own appointed leaders. I wonder what he wants me now to do with that direct knowledge, I trust and pray that he inspires and guides me.
MHI Guidance
Alnaz:
Isn't it true that MHI wanted you to be a lawyer?
Peace!
MHI's Guidance
Yes, MHI guided me to becoming a lawyer, and set the course for me to follow, and I am very grateful and continuously offer my shukr to him, by words, prayers and deeds.
Feedback Dialogue & Collegiality
Imam directed and encourages feedback, dialogue, collegiality and sharing of information and Guidance including Farmans. The following are some of the directives to Leaders issued 15 years ago by MHI. These are circulated today as a part of the Leadership training and orientation programs.
If these were practiced and followed, then the lawsuit would not have been filed and certainly settled on 15th October 2010 as directed by Hazar Imam.
Some of the relevant Directives to Leaders in 1995
1 Regular feedback (Leadership and Jamati) should be a part of the institutional (Leadership) culture.
2 Leaders should foster a culture of dialogue through collegiality (cooperative interaction) & encourage objectivity and accountability,
3 Institutions should set up reliable procedures that will enable them to acquire a genuine understanding of the needs (spiritual and secular) of the Jamat. The processes should incorporate Jamati feedback
4 A leadership approach at all levels should engender confidence and team spirit through appropriate delegation of responsibilities, sharing of information, and the provision of support amongst Leaders and to the Jamat.
5 The institutions should strive to engender a culture of objectivity with a greater commitment to sound management, administrative and financial practices.
6 Reporting should be an integral management tool and reports should be factual, succinct and incisive.
7 Good information and incisive analysis is critical to making good and objective decision.
8 Judicious usage should be made of reasonable information technology.
@Bloglaw re: above post of Dec. 18
786
Thank you for sharing this useful information with the rest of us, Bloglaw, all the way from Germany! Ya Aly madad.
According to Dr SS in his
According to Dr SS in his cross examination, he said Imam first considered legal action at the end of March 2010.
Therefore If the above directives were followed, then the lawsuit would not have been filed within 5 days, by 6th April.
This is because an objective, incisive and succinct analysis research and assessment of facts and a report with a legal opinion and an impact analysis could never been possible in less than 5 working days. Such an internal institutional report would have taken many months. Imam says above " Good information and incisive analysis is critical to making good and objective decision"
The Stud case ( of 2000) and Copyright case of 2010
It is incredible that Alnaz saved this “Stud case” of 2000, till the end! Excellent!
First reading of the case made me apprehensive but second reading of the judgment actually make me feel very encouraged that just because name “Agakhan” is there does not mean that the judges are going to be intimidated and tend to sway more on that side.
It also reinforces my belief that the side that has “Imam in Spirit and essence “ will win not just the "name"
The case really reinforces that abuse of power is happening at the Secretariat by some powerful persons but in the end the "truth prevails."
Hazar Imam is always with the "weaker and true" in the divine form.
The secretary in the stud case was falsely accused and harassed and hence the judgment favored her despite the fact that “Agakhan”' himself was the “named” defendant. And “Agakhan” name did get tarnish because of the “wrong doing of his staff”. But justice was done to the weaker side and all forgeries and manipulations exposed. MHI could have easily gone for a settlement in that case .His name would have been saved. But it was not done because he is just. I am sure he had the best of lawyers even at that time.
In this case it seems to me that Gray and SS did not make a good decision of rushing for the summary judgment.
Consent judgment was very vital for the plaintiff especially SS.
If the forgery indeed has happened there is no way plaintiff will get a judgment in their favor especially the judge after reviewing this stud case is going to be very “cautious”.
If Nagib and Alnaz will get the final judgment in their favor there is a big risk of the defendants suing the forgers and this could mean a big deal. I agree with Abdul that MHI has foreseen this and hence urged defendants to withdraw the allegations of forgery against “his staff” means secretary etc only or also SS and MM? He perhaps meant all of them. That can be ugly and no one desires that.
Why did MHI not go for settlement when he came on 15th Oct 2010? Settlement would be a great injustice to the defendants and reinforcement to the wrong doers. How could he do injustice to his own murids? Who are true momins?
All believers would question their faith in Him. Also it would encourage the wrong doers to continue their practices thinking Imam in the end will come and settle for the sake of his Institutions and name. He who is just and merciful could hardly desire this.
.
It was a good option only for leaders involved in the fraud if it has indeed happened. There is a very great likelihood that it has indeed happened. Hazar Imam knows very well defendants did not want to make any money in printing Farmans. Their intentions were noble
He is definitely not the true plaintiff. He would never ever sue his devotees with so much love and dedication for spreading God’s words (Farmans), which are made for his devotees anyways! It is a completely an absurd hypothesis from the point of view of true momins and if Ismaili faith is a “true and spiritual Tarika”. I think this stud case is going to be very vital for the defendants and change the verdict in their favor.
If case goes to trial we are in for many revelations, which are needed for setting the system right. Every thing happens for a reason! All the GJ wishes and MHI’s ambitions cannot be realized unless there is a big change from status quo and mindset mentality among the Leaders of the esteemed Institutions. Only He knows the end.
Finding the 'Studs' case seems to be a fortunate coincidance
We are not sure that Alnaz "saved" this case for the last minute. On the First day of the case, Mr Gray introduced Mr "Henry Carnegie" as The Aga Khan's Lawyer that would be sitting in on this case to advise Mr Gray.
This attempt at intimidation seems to have backfired on them as, from what we understand, Alnaz fortunately found this case that actually involves discovery of this same Mr Carnegie. Alnaz made copies of this case that very evening and brought it in on the second day of the motion.
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22
Enjoy Surfing Your Heritage!
Wow!
This is truly His "Leela".
It was indeed the perfect timing.
Finding the 'Studs' case seems to be a fortunate coincidance
you are wasting your time nagib, The truth is that you a liar and have lost this case with HH. You could not even ask 5 question to HH on OCT 15, what happened?? you got hit by lightning
@Ali
Ya Ali Madad Ali. Wow what a beautiful name. Our Beloved Imam Ali's name. Ali let us pray for our Spriitual Brothers Nagib and Alnaz. May Allah bring you "peace" and "happiness". Thanks.
Questioning the Imam
A true Ismaili would not insult the imam by asking him questions. Nagib left the floor open to the imam to say whatever he wanted, much better than asking questions because the imam could then say whatever wax in his mind.
Did the imam not remember his letter no. 1, or letter no. 2, or his brother's email, or his affirmation, or the allegations he made in the claim, or the announcements he authorized to be read in jks. It seems not because when the imam was given the floor, he did NOT refer to or mention anything from these things that we have been rejecting.
Mr. Gray and MHI were given the floor freely to place on the record officially to once and for all destroy our credibility and arguments.
And, wow, the record is clean, nothing said against us.
Nagib says, if Gray knew that MHI would have supported him and their position why then he went off the record. Read the transcript, as soon as MHI says, may I make a suggestion, Gray says go off the record.
What was he scared of?
By the way, I traced your
As received:
By the way, I traced your information:
IP Address: 65.92.232.218
ISP: Bell Canada
Region: Aurora (CA)
This is the same as the one who put the death threats against me and Alnaz on the Internet and the traceable IP has already been transmitted to the authorities.
Nagib
The questions were already
As received
The questions were already given to Mr Gray in advance. When we arrived in Gray’s office, he was already in another room with Hazar Imam, later he told us he had prepared Hazar Imam to reply to our questions.
However Gray knew that Imam will say everything in our favour so he cleverly put off record as soon as the Imam started speaking. I was too engrossed in what the Imam was saying and did not notice that Gray had put off-line the whole conversation.
The Imam stayed half hour instead of 15 minutes, he talked about all the questions and even on issues different from Farmans and the lawsuit. He said he remembered very well the Mehmani of 1992 and the instruction he gave us to continue publishing because it was at a time when he was looking for competent people for this work. This week Gray has pleaded in front of the judge that the Imam could not remember what happened 18 years ago and Mohamed Manji was seating in the room also. Both knew Imam’s position was opposite of their position. God have mercy on them, they will need it.
Nagib
-----------
The Court may draw an inference in regards to the presence of the Imam. Gray forcefully pleaded that the presence of the Imam meant that he was the plaintiff. Though, in reality the Imam was only interested in resolving the situation and putting the issue at rest. That was the reason He came.
The other possible inference that the Court may dray is that Gray knew that the Imam will take our favour, and this is why he put everything off-record. If Gray knew Imam was with him, he would have put on record everything the Imam said. In fact the Court Recorder is supposed to note down who is in the room [she did not], what time the proceedings went off-record etc… she did nothing of this. She was supposed to confirm the transcripts with me before releasing, she released to Gray first, I was not even given her email or contact or name by Gray up to the time Gray released the transcript. There was quite a manipulation of the records, so Prothonotary Tabib ruled in a Case Conference that no evidence from Discovery can be entered by either party except by going in a new full Motion.
I could not do that because of logistics. There were few weeks between the Discovery on Oct 15th and the last Motions of December 7th; that was 2 trips for me from Kenya to Canada. Putting a Motion in between and coming from Nairobi to Toronto for cross-examination was just impossible. 3 trips in 6 weeks and having to prepare would be an expensive Herculean task.
Nagib
THE SO-CALLED “DISCOVERY” OF THE IMAM
Since the start of this lawsuit, the leadership and their spokespersons have been playing a deceitful and dirty game with Mr. Tajdin and Mr Jiwa. On one hand they sued them in open court but on the other, they want to tie their hands in defending themselves.
If the Defendants file their version of the events, they are accused of defying the Imam; if they seek to show that an affidavit is misleading, they are accused of insulting the Imam appointees.
It appears that those who started this lawsuit believe in court system only if it makes them winners; or maybe they never thought they would have to show any evidence; the Agakhan’s name would make the judge bow his head and pronounce in their favour (like they would in dictatorships in Pakistan or Tajikistan)
To properly defend themselves, when it came to the Imam’s discovery, the Defendants would have done what the Plaintiff did …..hire a high-profile International law firm and then get a barracuda lawyer to conduct Mowla’s discovery. As everyone knows, there are many in the world who would have paid for the best lawyers for a chance to “get” at our Imam. In fact, with His divorce case is still pending, even the Begum Inaara’s lawyers would have been quite interested.
Also, this lawsuit has raised historic issues of Shia and Ismaili Tariqas and it would a first time for the Imam of the Ismailis to have to respond in a free-for-all discovery process.
Even the issue of copyright law is very current for many legal practitioners as there is an untested new Copyright Act that is seeing its way through the legal world. It was the reason the Canadian Lawyer magazine was initially interested in the Agakhan lawsuit.
So with all this clutter, what do Naqib and Alnaz do?
Like true momins, they chose not to subject their Mowla to such ordeal (although to be fair, the Imam is no stranger to the courts, having been the defendant in two messy divorces and a number of other business related lawsuits.)
Instead, they stood in front of Him, tongue-tied, with centuries of devotional theology guiding their conduct. They waited for the Guru to instruct. (How can a hired gun understand the emotional turmoil in their heads as they are seated two feet across the table from Him?- Perhaps the esteemed Canadian Judge, who is Catholic, may understand why they could not x-exam their “Pope”)
So to those who make death threats against the Tajdin and Jiwa families… don’t push so hard that they really get tempted to push back. Naqib is not some illiterate peasant in Gujarat in the last century; he is a very powerful Canadian businessman, supported in this ordeal by a large network of family and friends across the globe. And Alnaz is not an artisan shoemaker in Porbander; he is an articulate Toronto lawyer, who has fought many a hardy lawsuits for his clients.
If these two really fight, this community will be torn apart. They can start by criminal charges against all those involved in the death threats, including any local leaders. At the same time, there are those who have publically libelled and slandered them including the editor of the Vancourite, who assumes he has a license to say anything because he controls a website. Then there is the opportunity to subpoena all those such as MM; SS and the Aiglemont staff who could have been involved in the initial fraud and cover-up. And finally, there is the whole question of whether there can ever be copyright in Farmans, especially if they are made for circulation.
Nagib and Alnaz have done the Ismaili community a great favour. They have conducted themselves with dignity under attack and they have chosen to limit the damage only to those directly responsible.
so poignant and so
so poignant and so succinctly presented. Leaders and especially Dr SS and MM did not realise before the lawsuit started nor did they seriously attempt conciliation nor even contacted Alnaz before filing the Lawsuit..
Bloglaw quoted Imam's farman in which Imam directs leaders and wishes resolution of differences always by arbitration, friendship and discussion internally and therefore not to broadcast externally.
Why are leaders not willing to meet and sit down with Alnaz and Nagib and resolve the only Issue. See Bloglaw comment in Vancouvertie below
Comment by bloglaw in Vancouverite December 13, 2010 Thank you. Indeed it would be wonderful if the case was settled today and there was a LIF announcement to that effect. Maybe there will be.
There is one, and only one issue. That is admission of infringement. The reasons why admission should not be an issue are as follows;
a. The sanctity of Mehmani of 1992, and the tsignificance and radition of acceptance of Mehmani generally by Hazar Imam directly and also in JK will have been and needs to be respected and preserved
b. The Farman made in 1992 during Mehmani does not need to be changed since Leaders in any event will be working together with our 2 brothers going forward (As directed by MHI)
c. The sanctity and tradition of following Farmans until they are changed will have been respected and preserved.
d. Legally a consent without admission does not give Imam legally any more or less legal protection from external infringements in future by either the 2 murids or anyone else > So why make this an issue.
e. Alnaz Jiwa and Nagib Tajdin have confirmed that they will abide by all Imam’s directions and guidance. Therefore if in the unlikely event Imam’s guidance becomes necessary in future on any matter, Imam may do so at his pleasure.
f. By settling this case in this way we will be following Imam’s guidance on resolving issues internally by conciliation, by discussion and friendship as brothers and sisters. This will have a very positive consequential impact internally and externally.
g. Hazar Imam did not make this a specific pre condition on 15 October 2010
h. All resulting and consequential issues arising can and will be resolved by by the Leaders by discussion, friendship and together in accordance with Farmans by Hazar Imam.
Unfortunately there have been no meetings and yet there is every reason for meetings and agreement based on the above reasons to agree and conclude this case.
I have been praying and continue to pray for conciliation and agreement. Leaders are aware and I do not need to post your comment and my response in the Heritage site.
@Porbander
Abdul what made you use Potbander as an example? Wow, no one knows my special connection with this town, and I am shocked and amazed at the same time seeing you used this town out of the hundreds others you could have referred to!!!
Touching comments....
Every so often, I read comments by readers which are so touching and goes to the heart and essence of the situation facing us. This is one of them. Both Nagib and I have an agenda: do only what is required to defend but to avoid at any costs any steps that would be harmful to the interests of the Jamat and the Imam. Despite the optics of it all, both of us deeply love our Imam, and would gladly give our lives for Him and His Jamats.
I am ever so grateful for the many people who understand the situation and support us with encouragement and prayers. I am also so very grateful to my family who have endured, in some ways even more so than what I have faced, and have remained steadfast behind me despite the public humiliation hurled at them as well. I know that some extended family of mine as well as some family friends have cut off relation with us which causes pain to my family, but in the name of the Imam, all is tolerated, lovingly. I am in awe of their support despite the extreme situation.
The icing on the cake was the Mulakat with our Imam, which went so very well for us, which has brought so much peace and contentment in our lives. Day in and night out I constantly offer my gratitude and shukr for the blessing to serve our Imam and His Jamats. And for all the prayers that are sent our way, by so many of my brothers and sisters, I have no words to express my thanks, even if I tried to I could not express how I feel about it.
True momins and foundation of "batuni faith" Esoteric concept.
True momins
I agree Nagib and Alnaz are true momins. They indeed have fulfilled all the criteria of true momins per Ginans and Farmans. They have steadfastly followed batuni Ismaili faith and showed their love for their murshid.
Leadership on the other hand has shown ruthless ness, contempt and arrogance. Sticking steadfastly, without doubts to our batuni faith I am still convinced that the ruling will be in favor of the defendants. I do not see a quick closure as yet.
The reason MHI is not intervening in the manner everyone would expect is there must a be a lofty goal. His personal cases or stud cases were purely “Dunyavi”, even though he is omnipotent he has accepted defeat in stud case and trials and tribulations in divorce cases following the norms of the courts and society because his life is exemplary.
But this case apparently dunyavi to many in reality is “Dini” and involves the foundational beliefs of “Ismaili Batuni faith” where “spirit” is the most important and our doctrinal issues are at risk of getting tarnished. Didar and Mehmanis are purely spiritual matters where the soul of the murid is expected to be in direct contact with the holy spirit and communication is done at spiritual levels. Hence when hundreds of thousands are sitting for deedar each soul present is communicating with his pleas earnestly to his Mawla who is Hazar Imam the Noor of Allah the Master spirit. The murids receive the blessings on each of these pleas made silently by the hearts and we believe he listens and grants us our wishes. No one gets written approvals! But we all experience the bliss and benefits in our lives and no doubt, otherwise we will not be continuing to be Ismailis and we would not travel thousands of miles for the “deedar” which is not easy to receive.
Faith is a matter of love and spirit. There are no written contracts. How can anyone question the validity of such approval?
To deny its validity is to deny batuni faith. How can a catholic judge understand these complex spiritual concepts?
The reason why Farmans are made by MHI but withheld by the leaders in high authority? Why they themselves do not obey the Farmans and where are the accurate copyright law regarding Farmans written? Why did MHI not mention even once in His GJ Farmans that no one must share and circulate His Farmans? How can there be copyright on God’s words? They are made for the sole purpose of circulation and implementation.
Jamat must not seek to courts instead seek conciliation within the community, Pluralism, Tolerance for others, protection of weaker, brotherhood, unity all these teachings of Ismaili faith, why none of it is followed in this case by the leaders and Institutions?
MHI who is teaching these ethics how can He be the one to break it? . There is no way he would ever do it in a million years. Hence he is not the real plaintiff.
On this single premise my heart tells me again and again no matter what will continue in the court in the final analysis the defendants will be the winners and Hazar Imam in spirit and essence is with them. He is not the real plaintiff His name has been used by powerful leaders to achieve their mean goals.
In His personal cases he will not use his “divine authority” but for His momins he will most certainly use it I guarantee!!
Patience is one of the most important character traits of the Imams in the past and present. They have never rushed in for anything without wisdom. Hence “sabar” however hard it is to practice is the most beneficial tool besides bandagi and Ibadat in times of difficulties and calamities. Complete submission to His will without doubt and “vasvasa” is one of the most important requisite to obtain His mercy and full-blown assistance and victory. Love for the Imam is the foundation of our faith and the promise by Imams has always been you have nothing to worry if you have love for your Hazar Imam. (In this one sentence is the entire essence of our Tarika (Farman ISMS)
I confirm Nagib and Alnaz will be helped by MHI in a way no one can even imagine or fathom Inshallah.
Checks & Balances are ineffective
@Abdul; There are excellent systems in place with excellent checks and balances. You are right that they are ineffective. This is demonstrated clearly maybe a tip of the iceberg. The reason. Over the last 15 to 20 years, the systems have been managed, controlled & routed by the same Leaders in question. A pervasive culture and mindset has developed which seems to be motivated by command and egos designed to maintain the status quo at all costs. Hence there is more & growing levels of mediocrity and nepotism, rather than more meritocracy.
Information and internal reports edited under this mindset and culture, are therefore bound to be incomplete and inaccurate at best. This is demonstrated clearly in the sworn testimony of SS, and no meetings for conciliation since 15 October 2010. This would certainly have not been the case if the checks and balance were followed, enabled and empowered by the Leaders.
There are leaders down the line doing excellent work within the system. There are also a host of excellent, competent, and loyal murids out there who are ready willing and able to help and serve. Leaders need to change or be changed replace the present culture of fear with that of comfort and brotherhood. This will therefore enable and empower a more constructive interaction and expression of ideas and actions, all working side by side.
Imam encourages leaders and us all to seek and share knowledge. Imam knows leaders are not sharing. Imam informed and reminded us in Farmans in London and Singapore because Imam wants us to seek and share knowledge amongst ourselves. This includes Farmans. According to the lawsuit, all Farmans are available in all JK's.
Therefore Leaders down the line, and the Jamat should give feedback and approach leaders with questions of concerns about any matter including issues highlighted in this lawsuit. This will also help to make sure that the systems and institutional checks and balances are effective and working for the benefit of the Jamat.
Love for Imam and Jamat
@ Bloglaw It sems Leaders involved do not share Farmans and guidance with the Jamat because there is not enough unconditional love from the heart for the Imam or the Jamat. They say all Farmans are available in all Jk to the Jamat, when they are effectively not.
If there was Dr SS, MM and those involved closely in this since Jan 2010 would have followed Farmans and Imam's guidance on differences with murids to be resolved always by discussion and friendship. And there would be effective checks and balances, and this lawsuit would not have not started, and if it did then it would have been settled by now.
The only issue since 15 Oct 2010 is admission of infringement. Dr SS & MM want this admission at the expense of our rites and ceremonies (Mehmani) which Imam in his Farmans wishes us to protect, continue and preserve. In this case the question is also what will be the meaning and significance of Mehmani's to Imam and in JK. in the future ?
Alnaz Jiwa and Nagib Tajdin have signed the consent as directed by Imam. They are following the wishes and directions from Hazar Imam out of love for the Imam irrespective of the consequences. How many murids, panjebhai's, panjebahenu's, and fidais would also do so and agree with them.?
@ Zenaatara I agree with you and I hope our brothers and sisters will want to ask out of love for the Imam and let not fear any consequences. Imam is and will be with all His murids.
Dr SS MM and the leaders can still seek guidance & conciliation to conclude this case . It is never too late for conciliation and dialogue.