Ismaili.NET - Heritage F.I.E.L.D.

YAM, MR. BLOGLAW! Al Waezeen Abu Ali is a man of unique and exceptional personality! His strong belief in Ismailism cannot be compared and measured to any standard of some books which have come into market on Ismailism. Al Waezeen Abu Ali was a protagonist of impassioned and passionate aficionado of Ismailism.

The symbolic of Mehmani and its relevance is celebrated in everyday life of an Ismaili Muslim. Respectively it is beneficial manifestly in both lives of an Ismaili Muslim – secularly and spiritually. Palpably the Mehmani is considered and significantly in contemplation of inner thoughts of an Ismaili Muslim to seek Almighty Allah’s grace and blessing on all felicitous occasions.

Mawlana Hazar Imam is the spiritual father of all Ismaili Muslims and He is also our Imam of the time. We seek His loving blessing via Mehmani, Dua, Imam’s Noorani Deedar, and in many other religious ceremonies. Mawlana Hazar Imam is omnipotence, and philanthropic. Our Tariquah is practiced for innumerable years, which goes way back to inception of Ismailism.

I agree with Alnaz (not verified, dated December 09, 2010, who says: Quote, In the Quran, Allahtalla had differentiated between "believers" and "acceptors" of Islam, and in the Quran only certain Ayats are addressed to the believers which we Ismailis abide by in letter and in spirit. For those who have no faith, firstly will not read; secondly, even if read or heard will not enter the "heart," unquote. I am praying that this case is settled by amicably. With my affectionate prayers for all my Ismaili Muslims brethren, and with Allah Hafez, Nizar Ali K. Shivji!

The hearing is closed and the judgment will come soon we hope. Lets see what happens. A lot of issues were discussed in front of the judge and normally Motions would pass if the matter is very simple. By complicating Motions, the outcome can be that both motions are dismissed and a mini-trial is possible.

Gray pleaded so many thing in contradiction of what the Imam instructed on 15 October. I could not believe it. For example, Gray completely disregarded Hazar Imam's statement from that day that he remembered the instruction given to us about continuing the publications of Farman, Gray pleaded the opposite.

Gray admitted that what they were seeking was a declaration that we have infringed. It was apparent that this was more a vendetta.

Nagib

As Gray had been trying to tell the judge that it is not conceivable that there was massive fraud against the Aga Khan by those who started the lawsuit, Alnaz, at the end of his pleadings, presented a case from 2000 where it has happened before: that there had indeed been fraud in the Aga Khan's domain by the Aga Khan's agents. See link below:

Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

Enjoy Surfing Your Heritage!

Very well said, I hope that we'll have some news about what happened today...

Please can you give some update on what happened in the court on 7th dec?

Editor of Vancouverite says Al Waezeens like AbuAli sometimes do not comprehend the significance of Mehmani ? “ When good people like Abu Ali talk about the significance of symbolic offerings they are generally talking to people who use these occasions for appropriate purposes. Good people such as Abu Ali sometimes do not comprehend how such significant gestures, one-to-one occasions, can be used for corporate business. ………. So let’s make one thing clear. You Bloglaw, are a blatantly shameless protagonist of violation of good faith…”

Bloglaw replies : So Mr Editor are you suggesting Imam does not comprehend the significance too? What about Mehmani when someone start a business for blessings and Baraka (Barkat). What about mehmani for man murad in presence of Imam and also in JK ?. Your response suggests you have not fully understood what Mehmani means and how important it is for us as Ismailies. I suggest you speak to one of our Scholars and or Waezeens regarding our rites and ceremonies, who can deal with all your questions intellectually and referencing them to related resources and material so you can have a full understanding of mehmani. Maybe you should also read Abu Ali's Article and AL Waez Kamaluddin's on rites and ceremonies. ITREB will also have articles you can read. Maybe you should also one of Allama Nasiruddin Hunzia’s book on this subject too. You will find all Al Waezeens like Abu Ali and our Scholars understand the significance of mehmani and Farmans that go or are delivered with them.

I am praying that this case is settled by agreement today.

Here is a beautiful story, though it is from a different faith, telling us how much we should love our Maula.

This event is taken from unabridged Ramayana. It was in the form of a story, a part of my Hindi syllabus when I was a high school student at India. The event is related to 7th Avatar of lord Vishnu, namely Ram. The main story is a very long one but only a gist of which has been provided here.
Shabari, 13, a child of low cast Bhill community, was by nature had a religious inclination. She had been a witness to a many irreligious acts of her parents, particularly his father. So one day, she left home for forest with the hope that she could find a shelter in an Ashram of a saint. After few days of journey and hungry, she reached the Ashram of a prominent saint, Matang, who was kind enough to provide her shelter in his Ashram where Shabri started serving him. The saint observed that Shabri has all the characteristics required of an ardent follower of lord Vishnu, and accordingly, instead of imparting theoretical knowledge of scriptures, she was given practical religious knowledge, particularly devotion and love toward Vishnu.
One day, some years later, when she was of middle age, the saint announced pleasant news to her: "Lord Vishnu has taken Avatar in the palace of king Dasharath and his name is Ram. I would like to have his Darshan but I would not live long. But I see in you such love, devotion and Bhakti that he himself will visit you one day to bestow you with his Darshan. Your sincere love will bring him here." After few days the saint expired.

Due to a devious plot set by his step mother, and also to save the honor of his father, Ram willingly abandoned his rights to Ayodthya's throne. He along with his wife and his brother Laxaman left the kingdom and proceeded to forest to spend next fourteen years there.

Each day, Shabari would go to the jungle early in the morning and used to pluck juicy, fresh berry fruits so that she could offer them to Lord Ram, in case he arrives unexpectedly. To ensure that they are all sweet, she would taste each and every berry retaining only the sweet ones and discarding the bitter ones. She never realized that she should not taste them before they were offered (Mehmani?) to her Lord. It is the pattern or custom of almighty that He always overlooks all such faults and mistakes that one commits, arising out of pure Love of Him and which are not the intentions of His devotees. Perhaps it was a part of his Leela(લીલા). As per her usual routine, she would use to eagerly anticipate Ram’s arrival each day. Many years passed; she was now very old woman.
One noon, Shabari saw two men and a woman approaching the Ashram. She instantly recognizes her lord Ram as a taller man; she became ecstatic and at their arrival she said, "O my Lord, I do not have anything to offer other than my heart, but here are some berries from a poor devotee of yours. May it please you.”
When Ram started eating berries, Lakshmana, the younger brother of Ram, raised the apprehension that berries had already been tasted and hence unworthy of eating. To this Ram said, "Many types of food I tasted so far nothing could equal these berry fruits, not even foods of our palace." Saying this, he ate all the berries, and at the same time occasionally smiling at her, indicating that he was appreciating and thanking her food.

Many yogis wanted Ram to visit their ashrams, but he went only to Shabari's ashram. After he had eaten all the berries, Ram told Shabari, "I have come straight to your Ashram only, ignoring all the invitations I had from many many yogis and saints. Over powered by sentiment she said, "O my lord, they are all exalted and erudite yogis waiting for Your darshan, I am ugly, old and low cast woman having no knowledge of any scriptures, and hence I am not worthy of your so much attention."
Ram replied, “ A person's caste, colour, physical experience or his knowledge is irrelevant to me. They are all worldly things. What is important is recognition of my reality. There are many people in the kingdom who respect and love me as a prince, but none knows my reality, who I am. Erudite, learned religious persons please me, but nothing excels pure love of my devotee who knows my real identity. Many people pray to Lord Vishnu, but don't know who Vishnu is."
"All saints have their own selfish desires and motives behind their Bhakti, their affection, their prayers, their love. Some of them are after their names, some for fame, some want heaven, some salvation (Mox,મોક્ષ). Hardly anyone loves me for shake of love without any selfish motive. I like those who totally surrender to me and me only with full faith and devotion. They are the best among all the people, however, they are very rare .O Shabari, but you are one of them."
"In your case, O Shabari, your devotion and love is pure, you have no selfish desire or motive. You love me for shake of love. Your aim and goal is I and I only. Because of your pure love, spiritually, I was always with you, and now I am with you physically."
After this, the trio left the Ashram.
It is said that as soon as the trio left the Ashram, Shabri left this world too to meet his lord Vishnu in the next world.

YAM, MR. MOMIN, (United Arab Emirates). Dated: December 05, 2010.

Whatever I have mollycoddle in my expression in both websites – the Vancouverite and the Ismaili.Net, I never deceived any persons who have expressed on these websites. I have honestly expressed whatever I felt was feasible, acceptable, and adequate to make my views known to all readers so that the provocation, appeasements, and premeditated charges would not embarrass me! I am very contented with what I have and what I have lost. Both the Vancouverite and the Ismaili.Net have been kind to me to accept my blogs, of course, once in awhile my blogs did not merit the space but this is not the criticism but appreciation for their readiness to lend to me a hand to caution to me to rethink and have second thoughts on my views and thoughts. Finally, your interest in my blog is appreciated! Allah Hafez, Nizar Ali K. Shivji!

We should all wish Mr. Tajdin and Mr Jiwa good luck tomorrow.

Throughout history, when simple people have risen up against unfairness, it has always been a David and Goliath struggle. In this situation, besides absolute power, there are the additional factors of fraud, deceit, betrayal and blackmail. Whilst we can admire the Defendants faith in the Canadian justice system, we should be under no illusion about their chances of success. There are very few judges in this country who would not be influenced by the prestige of Mowla’s name, particularly if they were unaware that it was been misused.

However, one thing is for sure. Nagib and Alnaz have set in motion the forces of change and win or lose tomorrow, they will have achieved the objective of opening up this community for scrutiny. There are many words thrown around about the Ismaili leadership, such as progressive, tolerant, pluralist, constitutional etc. Now we have clear picture as to how these lofty concepts are actually practised in our jamaat.

The results of the past few months are not very pretty. Naive momims, who have tried to test these concepts have been publicly condemned without a chance to explain themselves and death threats have been made against them; top leaders have been found to be so inept and clueless that they are an embarrassment to the name of the community and so-called educated Ismailis (including a self-styled “scholar” and an “experienced” “journalist) have shown themselves to be no better than the Taleban.

And most of the jamaat leadership has been exposed as so weak, that when they have to face some tough questions about their community affairs, they would rather bury their heads in the sand. Yet these are the same people, who will make jokes and condemn the Catholics priests or Sunni mullahs for their shortcomings. My, such hypocrisy!!

But all this is out in the open for the world to see.

Try as they can, they will not be able to “put the genie back into the bottle”. Young Ismails are already asking questions to Mukhis. The women (who generally tend to be more introspective) have started questioning the values systems they have been imparting on their children since immigrating here. The supreme power of money in Ismaili society; the "chamchagiri" and recycling of leaders; the deference to “saber” when it comes to bad leadership and the scramble for credit for even the most mediocre achievements. The future of this community is with the young. So far they were not even interested in coming to the JK. Now they want answers and change !

Mr. Tajdin and Mr. Jiwa deserve our thanks for waking us out of our cynicism and slumber-they have already won the Agakhan Lawsuit in the court of intelligent Ismaili opinion.

Ya Ali Madad. I have said this before that we need to have lots of "changes" in our community, which our leaders are responible for, e.g. more communications with Jamat, trust, etc. Lot of Ismailis have brought this issue to their attention, and I personally feel that the matter should now be left in the hands of Our Beloved Hazar Imam.

I recall, my father once telling me that, a Murid who was not happy with a particular leader, brought the matter to the attention of Hazar Imam. Hazar Imam told the Murid that he would look into the matter. Mowla also said to him that this particular leader's "seva" was from the time of Hazrat Ali.

We human beings can forget somebody's "ahesan", but Our Mowla will never forget, despite what he has to go through. Thank you.

@ Alibhai Thank you. I have not received an acknowledgement or a reply to the open letter from Dr. Sachedina. Maybe because I requested him to share that information with other Leaders and did not request him to respond to me. But Judging by his reply to Zeenat, we cannot be certain if he has instead not sent a similar letter to all leaders.
 
@ our parents : It is wonderful to meet and spend time with small groups of elderly parents and talk not to them, not about them, but with them about religious & material values, needs and changes. One of Imam’s GJ goals is our elderly parents. I (Jamat) don’t get information updates on this or see pictures & events/projects for them in the official website and on how is TKN doing. On TKN  3 years on, there have been software matching challenges (why?) and it is systemically flawed because it allows those who request to then choose if or not. Not to say this is not working but can do better and more.
 
@ BUI; Remembering we are all born equal and pure in mind and body. We then begin to learn about right and wrong,  love and hate, respect and intolerance. charity and business, faith & family values, and everything else.  In our formative years we learn from mainly our parents and teachers. Just Imagine, how far further we would be as a community if top  priority was given by our top leader  as directed by Hazar Imam to an inclusive BUI and early  years programs.  @ Yasmin you are so right our values and ethics are a reflection of what we say and do. I hope and will look forward to meeting you too one day.
 
@ Professional; You are right in what  you say about professionals and the leaders in question. Not all leaders and remembering also the leaders in question have have worked hard and  contributed to progress.  There are some excellent scholars and intellectuals who can engage creatively and effectively for specifically the professionals and the intellectuals. We have an institutional  culture of command and control which in reality does not welcome and encourage enquiry and critique.  Professionals mean more enquiry about the past, the root causes and the needs. Only by critiquing and learning from the past  can we seize the future more successfully.  Alibhai I am a professional and I hope we will meet and share more.
 
@ Ground realities ; Mr Shivji like most was  going through a learning curve regarding the unbelievable gap between what Imam wishes and the reality on the ground. He also likes to please everyone and there has been no platform such as this before. Who would have believed our top leader can be arrogant, & does not follow Imam’s farmans and at best is deliberately giving the wrong information to the Imam and to leaders. For example If he with MM and A Lakhani had said at the end of march 2010 to Hazar Imam  “Khudavand, we as leaders have not spoken to Alnaz Jiwa as yet and the Jamat do not have access to Farmans in all JK’s or in all remote locations, and we have not used our internal conciliation process etc, We seek your guidance on what we should do and if the lawsuit should still be filed “  Does anyone believe Imam would have even considered a lawsuit ? In fact he would be very angry and upset that the Leaders should even ask him to repeat his Farmans on conciliation and to leaders to resolve internally and not broadcast differences.(Assuming for one moment Imam authorized the Lawsuit).
 
@ Dr SS ; Now Dr SS says to Zeenat he is following Imam’s wishes and his conscientious is clear, instead of explaining and apologising regarding her specific concerns of for example saying Imam thinks in French and speaks in English which is the reason to edit Farmans and Imam has said on 15 Oct 2010, Imam does not edit but annotates Farmans. So why edit and remove leaders sections in the London and Singapore GJ Farmans.
 
I hope and continue to pray that this lawsuit is settled tomorrow and by agreement. Ameen.
 
 
 

Dear Doctor:

Please do not remain under misunderstanding (illusion) that people and other leaders like you or respects you. Some of them do so because you are holding a very important post. Do you want to gauge your popularity? If yes, resign from the post and soon you will see that everyone including even Mr.Bhaloo, Mr. Manji or Vancouverite editor will start keeping distance from you, as soon as they come to know that you are resigning.

Two extra rich and very prominent Ismaili industrialist brothers in Pakistan quarreled among themselves. The situation got so worsened that son of the elder brother drew a gun at his uncle. Both brothers were very influential as well as heads of respective central AK institution and hence had contacts with HI too. Muala advised them not to approach court to settle the dispute. Since both brothers were good Ismailis, they followed Maula’s advice.
Wether they have settled their all the matters or not is not known, but none of them went to the court.
My point is: How, then, it is possible that HI filed a suit against His unarmed ordinary Murids.

Wow! I can't believe that you actually sent SS your letter and even received a response. I thought that people just write things on this site but are not really brave and sincere enough to actually do what they are saying. So I am amazed with you, Sister Zeenatara. Not only did you really send your letter to SS but you actually got a response and now you've even replied to that fickle response. Double wow! I will now jump upon the bandwagon and be brave also. Please provide me with SS's email so that I too may write to him and aprise him of my opinions. For the sake of being politically correct, kindly email it to me at hali78650@gmail.com

News Editor Vancouverite December 4, 2010 – “I just wonder if these people live within the Ismaili community and understand the resentment that has built up – or are they living in some dream world of their own surrounded by supportive people. What I am picking up is unheard of resentment from the community”
 
Reply by bloglaw  December 4, 2010 - Editor – Thank you for sharing. Seriously how many have you spoken to, or is this what you have been told by a leader or two. Or is this your gut feeling? Leaders are not responding because they have been directed not to.
 
Resentment shows  when you speak in a derisive or demeaning way about a person or a group of people, you have distressing thoughts about them, you get furious for no good reason, get inexplicably angry and depressed, you find yourself going in circles to overcome irrational or negative feelings, you grit your teeth and smile when you really want to scream, you fake enthusiasm and excitement when you really need to say what you are feeling, but cant.
 
And what is Resentment :It is  harboring animosity against a person or group of people whom you feel have mistreated you and leaving you in a seething, aching and an emotional turmoil, long-term suffering in silence, open expression of hurt (feedback or critique) is unwanted and uninvited, a grudge you hold against a person or group of people. You feeling offended, do not speaking and remaining silent, and lack of forgiving, inability to let go, or to forgive. Resentment can also lead to lack of objectivity and purpose.
 
So Editor, who are the Jamat resenting ? Can you elaborate more specifically. This can apply in this lawsuit to many , those commenting, silent, and to Dr SS, MM, Gray, Alnaz Nagib, AK and other leaders. Maybe what you are picking up is resentment from lack of information, feed back, knowledge or understanding  or open expression of hurt (feedback or critique) is unwanted and uninvited or really encouraged by Leaders in question.
 
We also need to be careful we say what we mean as those reading comments are global and from a diverse background and languages. So please don’t think I am trying say you don’t know the meanings of resentment. You probably know better than me.

Why do I respond to all Murids and share my thoughts with all. @ Alnaz. First and foremost, Prophet Muhammed (Saws pbuH) and Imam wishes us all to seek and share our knowledge, and to treat every murid and their views with respect. Imam also wishes and guides us to be inclusive. Remembering in London 2 months ago Imam asked  the global Leaders present to share Imams guidance and “thoughts” with the Jamat.
 
Secondly; Secularly, the top CEO’s of the world today say that for success we must build trust and more ideas and thoughts need to  be generated from amongst ourselves and our respective organizations,  and every thought and idea from everyone internally should be considered and given an equal hearing and chance. 
 
Third;  When we have something to say and when Leaders listen and  respond, even if they do not agree, we feel an enhanced sense of belonging, a sense of comfort and of care. All Leaders need to know. Some did. Now they all do.
 
Fourth, Murids who are commenting and reading these comments come from diverse traditions and mindset within the West and globally. There are also  different national levels and ages. They too think and interpret the same information and facts differently.  A sentence or word to you and me  can mean something else to someone else in for example Tajikistan, India Metropolis, India villages,  Hunza, China, Syria, Persia etc. Quran says and Imam has reminded us regularly that we are all made different so we may know each other (by learning from each other, by sharing and understating each other)
 
For  example;  religiously and of relevant to the lawsuit. The word ” farman”  is defined  in the constitution and used during  4 JK ceremonies . Our Top 2 leaders (Dr SS and AK) certainly do not understand what one of the meanings of farman and what is a Talika. I think they know, and did not mean to say what they said on the record which they may have believed (wrongly) was for only non Ismaili consumption and irrelevant (wrongly) in the lawsuit. I also think they were caught off guard and could not articulate. These questions are a part of all the leadership orientation programme and out-reach programs over the last 10 years and which are approved by Dr SS and his Dept at DJI in Aiglemont coordinating 16 institutions. Dr SS and AK have attended them and Dr SS in fact was instrumental in the content and delivery of them, as head of ITREB and IIS (They ll report to DJI)
 
Fifth; The question we need to ask is ;  Do we, and can we “effectively” articulate with comfort key and the challenging questions regarding our faith and practices, both internally and externally, and between our brothers and sisters in all parts of the world.
 
Sixth;  Some of the name calling and language on the Vancouverite site may be normal for them, and not  insulting to them. I have listen to inter action by the youth and the language and words they use jovially and daily to communicate. Imam wishes and guides us to be more pluralistic and to act with cosmopolitan values at all times. MSMS said that change is constant and inevitable and that we must be active participants in managing change in a direction which is in our collective and the common good of all.
 
Remembering Prophet Mohammed (saws pbuh)did not retaliate when rubbish was thrown on him or change his course the next day. He demonstrated the power of patience and love. Remembering what Imam said on the evening of 15 October 2010 to the world about working together and changing the media mind set. Remembering this unprecedented case and debate is new and a milestone for all. Remembering leaders must encourage feedback, debate and listen to thoughts and ideas from every murid. 
 
Seventh;  I understand why &  when a 74 year old or an  Itmadi or Leaders does not debate and says Sabar (Patience).  Also when Alama Nasirudin is excluded and waiting for 9 years for a response but continues his work. In his lecture on U Tube he says  Farmans are delivered by Imam to be shared. Farmans are not meant to be locked away or edited. He says  the farman during their  Mulakat of 45 minutes, recorded by Dr SS has not been shared as directed by Imam.
 
Eight; Remembering  we are in the knowledge society and we need to be enabled, and able to act and articulate our faith with comfort ( internally as a priority, and also externally )  Remembering BUI as directed by Imam needs to be as good as the secular in every way and of  early learning, where enquiry and creativity should not to be stifled but the potential allowed and nurtured to be actualized to the full).
 
Finally; Remembering Imam wishes us to excel, and be ambassadors who act and project the  Jamat and Imamat as being a pluralistic community having cosmopolitan ethics. Remembering Leaders have ready willing and able resources who they should use and not exclude for the wrong reasons. Remembering what Al Waez’s (including Abually) have advised about change, BUI, and the real needs of our  Jamat. 
 
Alnaz; I hope you can now fully understand why I  respond and share. I am sorry if this response is long because viewers & Leaders are global and from diverse traditions, backgrounds  and mindset.
 
I pray that this case is concluded on or  before 7th December. Ameen I look forward to meeting you and Nagib some day soon. And Nagib thank you for the invite.

Dear Ms Zeenat Allahrakhya,

My response to the above (sent today):

Mr Shafik Sachedina,

I hope you have understood what I am trying to say and will shed some
of your arrogance in order to realize that it is actually you who has
created this strife between brothers and sisters, and only your humble
acceptance will mend it.

Zeenat Allahrakhya
Murid

You are absolutely right. The onus of the proof, in all civil cases, is on the plaintiff. It is his responsibility to satisfy the court about his case contents. This is true even in developing countries like India, Pakistan, and Bangladesh etc.
The benefits of doubt, if any, in all such cases is given to defendant.

On Vancouverite Ali says “ .. I see a parallel with Allama Nasirudin who rebelled against the leadership and formed his own cult group. Nagib, Alnaz and Bloglaw are headed for that route. No regrets.”   News Editor says “ Some may dispute that Allama Nasirudin formed his own cult. Some may say he is part of a cultural variation that occurs among Ismailis from different ethnic groups and languages. This issue remains a matter of debate I think.”

Reply by Bloglaw :

Well said Editor I agree with you Editor that there may be other reasons including cultural traditions and variations. I am also totally with you that we should and reverse the culture of timidity and fear of the past with constructive and reasoned debate.

Is Allama Nasiruddin the same one I found on a google search, who has a 7  series of 10 minute lectures he delivered in June 2010 & has uploaded them on U-tube ?.

He says he has written 100-150  books on Ismailism, Soul, Batin, and Imamat etc. He also met Hazar Imam and Dr Shafik Sachedina with Fakir  Hunzai of  IIS for 45 minutes some 8-9 years ago. He describes the  mulat and the Farman by Hazar Imam most eloquently and with immense love and reverence.

He has he says written Qasidas(Ginans) which have been accepted as  by Hazar Imam as Ginans. These are recited in many JK’s. He adds he gave some of his books to Dr Shafik Sachedina as  directed by Hazar Imam in order for IIS s to collaborate, publish and work together.

This was 8-9 years ago and  he is still waiting to hear from from IIS or Dr S Sachedina  to progress this collaborationas directed by Hazar Imam. He also says in these lectures that Fakir Hunzai of IIS can verify the meeting and directions given by Hazar Imam.

Follower on Vancouverite says  “ Bloglaw/Spinner, you say on your beloved Nagib’s website the following: “Regarding the affirmation on 12 May. It was after the lawsuit was filed on 6 April 2010. The Judge directed discovery despite the affirmation. ……. Knowing the defence and issue I am surprised Mr Gray did not do a better and more conclusive job when drafting of that Affirmation. …….” Bloglaw, so the following sworn statements of the Imam (affirmation) are not clear enough for you?  Or are you just that dumb?  Bloglaw, the judges are not as dumb as you and the 2 clowns. If Imam did not file the Statement of Claim on Apr 6, when did he actually retain the firm of Ogilvy Renault ? Sheer stupidity !  

BLOGLAW REPLIES 

-  Regarding your question of when the law firm was retained, and who instructed them to file the lawsuit ?. Look at the time line of what happened after the letter of 18 Feb to 6 April 2010. The defendants say it was not Imam but it was Dr SS and or MM who retained and instructed the law firm to file the lawsuit
Regarding Affirmation - Can you think of a very good and compelling reason why the top law firm in drafting the affirmation did not simply say the following conclusively, and why not file it with an appropriate affidavit in court.

1                 I personally retained the law firm of Ogivy Renault on x date (or on ……… I authorized Dr SS and MM to retain them)
2                 On xx date I personally authorised  Ogivy Renault to prepare and file a lawsuit against the named defendants in case no ……( or on xx  I authorized Dr SS and MM to authorized the firm  of  Ogivy Renault to file the lawsuit)
3                 I personally reviewed and approved the contents of the claim on xxx date and authorized Ogilvy Renault to file the claim in case no.  
4                 I reaffirm that I am therefore the Plaintiff in case no …  
5                 Etc……..

Regarding timeline - Not forgetting Dr Sachedina said  it was end of march when Imam decided on taking legal action. If So the law firm was retained, consulted, advised, prepared claim, personal review by Imam and a lawsuit filed on 6 April. All this within one week ? Unbelievable ?with no pre action letters ? or any contact with Alnaz ?. Dr SS said Imam wished this to be resolved internally and yet Dr SS or MM made no contact with Alnaz whatsoever before 6 April 2010. And no efforts to meet and conciliate after 15 October 2010 ?

@ Alibhai Jiwani - The reason I feel we should all wish for conciliation is because Imam directed them to settle. However you are right that Imam may wish a different outcome. I hope the Jamat and leaders who are reading these feedback and suggestions are passing them on with their thoughts.
 
If the case is dismissed on 7th Dec, then
1                 History will show Imam has never sued His murids,
2                 The sanctity of mehmani will be preserved.
3                 Farmans will be accessible to  the Jamat in all JK’s and in remote locations
4                 Farmans as delivered and annotated by Imam, will be available to the Jamat.
5                 There will be resignations and change. The root causes will be reversed more quickly.
6                 External potential impact and challenges will be lower to manage.
7                 Dr SS statements made under oath  can be disregarded about Farmans and the reason Farmans are edited by DR SS and the Leaders, is because Imam thinks in French, and so DR SS suggesting Imam does not say in English what Imam means ?
 
What if Judgment is given against the defendants ?
1                 Imam is the plaintiff and there was infringement. (copyright has not been challenged)
2                 History will show Imam sued his followers over the distribution his Farmans to his murids, which he made for his Murids.
3                 The sanctity of memani and its meaning will become a question .
4                 Jamat will continue not have access to Imam's Farmans in JK’s even in remote locations (for some time if ever).
5                 DR SS says under oath that only edited farmans and when publised by ITREB are Farmans (not as and when delivered by the Imam). So edited farmans will be available. During Darbar when Imam delivers a Farman we cannot share with our  Jamats because Imam thinks in French according to Dr SS. (As in case of the London and Singapore GJ Farmans, which have been edited by the Leaders)
6                 Any major changes will take much longer, and so will  the widening gap between the ground realties and Imams Farmans
7                 External impact in future can potentially  be much higher.  
8                 If Judgment is given against the defendants then there must be other compelling reasons which we will understand in time.
 
There is therefore every reason in my limited understanding and judgment to conciliate and end this case as directed by Imam. I hope and pray there will be a consent agreement and an order on or before 7th December. Ameen.

YAM, MR. BLOWLAW! When I looked thoughtlessly from all points of view on this litigation, I felt, it would be a matter of less consequence, and would be resolved with a slap on the wrist! But it developed into a prominent court case on infringement. This infraction, once again, I tried to view it with mysticism in my mind because this court case is first of its kind which is disputed between the Imam of the time and His Murid. I felt sure; it would be resolved in a matter of time. But it has hung around us for many months and we do not have the resolution as we had expected!

It has become a tribulation for all those who are closely monitoring this court case. Mawlana Hazar Imam, the Ismaili Muslims Institution, the Ismaili Muslims Community, Mr. Nagib Tajdin, and Mr. Alnaz Jiwa. They all have produced challenging evidence via documentation. The answers are not that easily obtainable because it is not simple to blurt out anything just to satisfy the curiosity. There will be consequence if something is spoken out of place.

Realistically The Canadian Law has provided the opening to both – the plaintiff and the defendants. This opening began with a lawsuit filed on April 06, 2010 by Mawlana Hazar Imam against Mr. Nagib Tajdin and Mr. Alnaz Jiwa on infringement of copyright by publishing and distributing the Farman Book. Then the Discovery was held on October 15, 2010. The Discovery became irrelevant because of many irregularities. Now we are steadily waiting for Summary Judgment which will be held on December 07, 2010. There are lots of accusations against the Ismaili Muslims Institution, and the defendants, and so on …. The court case has advanced to its pinnacle which will provide the judgment in time to come. Whichever way the decision goes, Mawlana Hazar Imam is philanthropic, omnipresent, and omnipotent. The Defendants are steadfast with their belief on Noor of the Imam. They feel their submission to the court a defence is not against the Imam, but against the usurper.

The doctrine of Ismaili Muslims faith will remain intact. Nobody can undermine the system of belief of Ismaili Faith. Where do I stand? I stand in the Holy Huzur Poor Noor of Hazarat Dhani Salamat Datar Noor Mawlana Shah Karim Al-Husseini Hazar Imam to beg for His Grace and Infinite Mercy. This is also my prayers for my Ismaili Muslims brothers and sisters. Allah Hafez, Nizar Ali K. Shivji!

The nine questions posed by an ordinary Murid to his uncle should also be posed to Vancouverite. However, I would like to add two more questions as follows:
10. Would Sachedina resign from his post?
11. Would MM expiate the great sin he committed by assisting SS in his heinous crafty criminal plot to totally ruin Nagib and Al Naz?

I was wondering why the Imam never interfered, and never gave any evidence Himself, even at discovery.

I was wondering how the court would weigh that on one side, the defendants gave direct evidence of the consent, and on the other hand, the Plaintiff gave second-hand evidence only.

I was wondering if defendants can really prove to the court that the Aga Khan does not support the Plaintiff's case.

I was also wondering that if the court sides with the defendants, then how would that not be a loss in the eyes of the public for the Imam?

All four of those questions got answered by this case law extract quoted with the defendants' revised factum:

"..Such failure amounts to an implied admission that the evidence of the absent witness would be contrary to the party's case, or at least would not support it.”

Either way, Imam wins! Brilliant!

My uncle, 74, and old person and of Vancouverite type, told me few days back that, “The defendants have almost no chance to win the case, and hence my elderly advice to them is to settle the case as per HI’s directions for they are certainly to lose this case and its consequences are very dangerous to them.” Dangerous consequences he mentioned are in his own words are as follows:
1. “Soon they will not find any supporters from the Jamat. Particularly, when court verdicts that indeed there was infringement of Farmans by the defendants.’
2. “They will be required to pay heavy penalties.”
3. “After the court verdict hardly any Ismaili will visit Heritage web site and hence the desire of vizier sahib would be automatically met.”
4. “These two will be considered by all the Jamati members around the globe as renegades and enemy of Jamat.”
5. “There will be overwhelming demands from Jamat to take disciplinary action against these two.”
6. “Vizier sahib is likely to file a defamation case against them.”
After saying this he posed me a question, “Do you agree with me or not?”

Instead of replying to him directly, I posed a counter question, “What if the plaintiff case of infringement or otherwise is dismissed by the court in favor of defendants, would you, then, believe in their version of 15th October discovery? Namely:”
1. “That Al Naz was wrongly implicated in the case.”
2. “That HI has accepted Mehamani of chocolate box from him in principle but was not taken away by HI physically.”
3. “All Farmans of previous Imams are HI’s Farmans.”
4. “Hazar Imam does not think in French and makes Farmans in English.”
5. “There is no need of editing of HI’s Farmans.”
6. “HI was not at all unhappy with them in the meeting but was very empathetic and pleased with them.”
7. “That settlement conditions proposed by HI were different from which Grey and Sachedina had drafted and to which they were forcing defendants to agree and sign.”
8. “When there are any changes in the Farmans Dais are getting hurt.”
9. “Lastly, that this case was not filed by HI at all but by these leaders.”
As soon as I completed my counter question, he became furious and told me that I am a renegade and should be excommunicated from Jamat, and since then he does not talk to me.

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

Enjoy Surfing Your Heritage!

News Editor  vancouverite says to Bloglaw : You forget the Boston affidavit witnessed by two prominent people including a notary and a lawyer. Tragic how you purport to pose legal answers that fall short of facts. In that affidavit he asserts the facts which are unchallenged by any evidence. It is simply not enough to make a claim, you have to produce evidence. Get on with it Bloglaw – you are an alley lawyer. You’d do well in some Bombay bazaar selling legal advice

Bloglaw  Replies

Editor : As usual you are not looking at all sides of the angle realistically or objectively. The Judge has to decide if Imam personally authorised and filed the lawsuit on 6 April 2010 based on the evidence of facts submitted by all parties. Did Imam do so and has Imam and or Mr Gray submitted affidavits in court saying so after 6 April 2010 ?. May be rules of evidence in Canada are different and if so I may be wrong. Of course the Judge will need to decide on the experts evidence of the signatures and defence-submissions by the defendants.

And on this issue, even if Imam authorised the lawsuit after 6th April (I am not saying this was or not the case), the judge has to dismiss the lawsuit if the Judge finds Imam did not authorise it ON OR BEFORE  6th April 2010.(based on evidence filed on this specific issue)

Regarding the affirmation on 12 May. It was after the lawsuit was filed on 6 April 2010. The Judge directed discovery despite the affirmation. If the Judge finds that the affirmation  was signed by Imam and also rules it can be or is admitted for this hearing as evidence. The judge has to then also consider  and rule on the first 3 sentences. They do not say specifically that “before” the lawsuit was filed Imam reviewed the claim,  approved it for filing,  and instructed the Lawyers to file it.  Knowing the defence and issue I am surprised Mr Gray did not do a better and more conclusive job when drafting of that Affirmation. Some may say  Mr Gray is not that brilliant. Some (Mr Gray/MM/Dr SS), may say this was a legal strategy, Some may say there was a higher hand & purpose,  and some may say it was an oversight in the necessary care and attention to details.  

I am being realistic, not confrontational or negative. This is something to think about. I am sure Dr SS MM and Mr Gray and their team are aware of this and will have included it in their latest submissions.

Soulmate   - B L O G L A W: Your friends have failed to convince us that the Imam is not the Plaintiff. If your friends also fail to convince the court that HH is not the Plaintiff, will you then be willing to concede that He is the Plaintiff?  Editor Vancouverite - You may see a ruling on that.

Reply Bloglaw  

Maybe you or Editor can get and upload the latest submissions of both sides. One of the concerns I have is;
If Imam filed the lawsuit and has stated that Farmans are available to the Jamat in JK’s including remote locations. Before and after 6 April this is not the case. Not even today. I have checked. So was Imam given the correct information and if so would Imam have made such a statement in court ? Or filed the lawsuit ? If not why did Leaders not give the correct information to Imam, and in any event not make sure all Farmans are available and accessible in JK’s (Itreb’s)) by the Jamat ?

If the court gives judgment against or for the defendants, they will I am sure abide by a ruling of the court. Everyone will. Legalities or the ruling aside, I hope Leaders will ensure access to Farmans by the Jamat and the new book of Farmans will be available very soon.

YAM, MR. BLOGLAW! You and I have been obligated to present our comments on this litigation and the proceedings on this pertaining court case. We both have become hard hearted. May be I am wrong. We have to clear our minds and look with new perspective! I believe in amicable resolution and harmony in Ismaili Muslims Community! No matter what, as long as, Mr. Nagib Tajdin and Mr. Alnaz Jiwa are in the Ismaili Muslims Community, they are my brethren. Mr. Bloglaw, I am looking forward with you for a cuppa of Darjeeling tea in London, England! My favourite haunts are the Café in Harrods and Ritz. I enjoy scones (a small rich biscuit like pastry or quick bread) with fresh cream and warm liquid strawberry marmalade).

Both of us have successfully presented our arguments on discovery, summary judgement, and the trial if the court case continues to get the judgement. You have argued on the status of Hazar Imam and forgery. The argument goes on with no agreement about Hazar Imam’s status as being plaintiff! Therefore, the discovery has become meaningless because all parties are required not to argue about the appearance of Hazar Imam. The opponents are not able to establish that Hazar Imam is the plaintiff, or petitioner, or the claimant. The proponent has from the very beginning advocated that Mawlana Hazar is the plaintiff! The proponent argues strongly that Mr. Nagib Tajdin and Mr. Alnaz Jiwa had an excellent opportunity during the discovery but failed to ask five questions. Had he asked these questions, it appears Mawlana Hazar Imam would have definitely obliged Mr. Nagib Tajdin with answers. In this kind of legal proceeding, the judge will not prompt or make a fuss to get the answer from the plaintiff. The onus is on defendants! The reason is very simple; the judge has satisfaction that the plaintiff did not dishonour the requirement to attend the discovery. Therefore, the court’s requirement was met.

I do not think the lawyer; Mr. Brian Gray of Toronto in any way is slow in his understanding the relationship between the Imam and His Murid! He is slowly but surely progressing to acquire the systematic methodology in this court case. He is handsomely remunerated for his services and has his stretch of time for the completion of this court case. However, Mr. Nagib Tajdin and Mr. Alnaz Jiwa do not have the similar luxury to have an on going encounter with Mawlana Hazar Imam and Ismaili Muslims Institution! Whatever Mr. Nagib Tajdin and Alnaz are saying or implied, they should ponder about the original statement of claim by Mawlana Hazar Imam. Whatever that has transpired during the discovery should be assumed that it was a gift from Mawlana Hazar Imam to His Murid. My mind is bluntly prompting to me that the decision on this court case will be pronounced but my heart is prompting to me otherwise! Today I believe whatever the versions of this court case is pronounced by the plaintiff and the defendants should be left behind. We should look into future for betterment of Ismaili Muslims Community! We should all unconditionally abide by the wishes of Mawlana Hazar Imam and reaffirm our allegiance. This is our salvation!

I would like to thank everyone for giving their time in sharing their thoughts and knowledge. I take this opportunity to thank the Librarian Umed who have allowed and moderated this discussion. Mr. Bloglaw, like you we all do so because we care and out of love for the Imam. “May Mawlana Hazar Imam accept all our Seva, and grant us all more Seva, good health, happiness and both material and spiritual prosperity. AMEEN!! Allah Hafez, Nizar Ali K. Shivji!

Dearest Abdullah, thank you for your kind words and support. Mawlana Sultan Mohamed Shah has said in His memoirs, "Where there is love, there is no fear, and where there is fear, there is no love."

This then says it all. I have taken my stance out of love, completely without fear of any retaliation. After-all, what can they do to me? Excommunicate me? Kick me out of jamatkhanas? Stop me from any appointments to positions of leadership? They can do whatever. But they will not be able to remove my Mawla from my heart. Neither will I stop my campaign to have such leaders, who have no regard for the Imam, removed from their prestigious positions from which they reign like tyrannical kings.

I hope many more of my brothers and sisters will shed their fears aside, and stand up for our Mawla!!

At this juncture, I would like to thank Suleman for making such valid points.

A few months ago, the Golden Jubilee Farman made by Hazar Imam in Singapore was read out in our jamatkhana. Not extracts but the whole firman was read out. At that time I was surprised when the whole paragraph about the "jubas" of leaders was left out. I was present in singapore darbar and I am 100% sure that Hazar Imam had made light hearted comments about the jubas of the leaders. Similarly, when London firman was read, the entire comments made by the Imam about leaders not relaying information to the jamat from the Imam was omitted from the reading. Whilst I was still pondering over these discrepancies, the case involving Nagib and Alnaz came up, whose details are open to all. You are all aware of the happenings - the forged letters purported to be from the Imam, the announcement made in jamatkhanas worldwide, using Prince Amin's name in vain, the forged notarisations etc. I do not wish to go into the full details but behind all this travesty is one man: Dr S Sachedina who has broken all boundaries of trust!!! How can I or anyone else ever trust anything that is ever read out in the jamatkhanas again? What guarantee is there that a message from the Imam is actually from the Imam Himself? Truly, this is quite a horrifying situation. And yet, everybody is quiet or going on about sabar etc. Only Zeenatara, Kanize. Bloglow and a few others have been brave enough to speak out. The truth of the matter is that this leader has completely eroded the trust we have or had in communications made in jamatkhana which is a sacred place where our Imam sends guidance and blessings for us via taliqas, sandeshas and firmans. Now everything read in jamatkhana will be questionable. At least according to me who has seen what an errant leader can do. So short of receiving a video message or audio message from the Imam Himself, we cannot trust anything else that is read out in jamatkhanas. How can we accept this situation? First of all, Dr Sachedina has to go! The Imam, out of His infinite mercy asked Nagib and Alnaz not to pursue the forgeries but this does not mean they were not done. I join Zeenatara in her demand that he should go and pray to Hazar Imam to appoint leaders who will not cross the sacred lines of trust that we have built up over centuries and that can be eroded within seconds.