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Are Farmans to be followed?

Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina #301:
Cross-Examination by Mr Jiwa.
Q. ... Would you agree with me, sir, and you said this earlier, that the jamats are obligated to follow the Imam's farmans and the Constitution?
A. Just as farmans that he has authorized for release to the jamat. Not any farmans. Absolutely what he had given for the jamat, which he has authorized for the jamat, and once he is the one who approves those farmans.


Sachedina #542 - #545:
Cross-Examination by Mr Jiwa.
Q. ... My question to you was that before Mr. Tajdin started distributing these farmans, there were many farmans that were not released by ITREB to the jamat khanas -- to local ITREBs to be read; correct?
A. Because Mowlana Hazar Imam had not authorized the release of those farmans through the process.
Q. So the answer is yes to that?
A. Yes. It was not released because he did not authorize the release.
Q. So you said earlier, if I understand correctly, that the farmans become definite after they are authorized by the Imam?
A. Absolutely. That's my understanding.
Q. And that by His Highness not authorizing, he doesn't want those farmans to be followed; correct?
A. Because they are not farmans. Actually, those farmans have not been authorized or released. That means they don't become effective, and, therefore, they are no longer farmans. They are not made as farmans.


Sachedina #511 - #514:
Cross-Examination by Mr Jiwa.
Q. Now, His Highness, it appears from what you are saying, when he makes his farman, his oral farman, he comes to the jamat khana --
A. Extempore.
Q. Extempore.
--- Off-the-record discussion.
Q. And you are saying that after he approves and finalizes, then it becomes definitely farman?
A. Yes.
Q. Are jamats expected to follow the farman that he has already made, or do they wait until he has authorized the final version?
A. To me, the version that he has authorized become the farmans that are conveyed to the jamat with his authority. So even in my view, and it is my opinion, that even if you had been made aware of a farman to the jamat, the text that he releases after his review are the authorized farmans. Because they have gone the review process by the Imam himself, and he has therefore completed this where there have been -- no, he has reviewed them. If he requires anything, whatever he requires is done, and then in most cases, as I say, he goes through this process and then gets them released. So those are the only ones that are the farmans.


Sachedina #622 - #628
Cross-Examination by Mr Tajdin.
Q. It's still read in jamat khanas usually 11th of July, the day of the Imamat --
A. Yes. That's the farman of the Imam.
Q. It's a farman which is a recognized farman; right? Can you confirm to me if 'Noor' means 'the Light'? And there is a surah in the Koran, a chapter in the Koran, about the Noor?
A. Yes.
Q. Is it the same Light?
A. The Light, yes.
Q. The Light. It's the Light of God --
A. Yes.
Q. -- which guides materially and spiritually?
A. The Noor of Allah, the Noor of God.
Q. Which guides materially and --
A. Yes.
Q. And this is guided through the Imam's love that Noor is guiding us. And since we are all from the same religion, we all believe in this; right?
A. (Deponent nods head up and down).


Bhaloo #143:
Cross-Examination by Mr Tajdin. `
Q. You would accept that the talika is a written farman?
A. Sometimes the talikas are blessings, not farmans.
Q. Oh, blessings are not farmans?
A. I told you that talikas are sometimes blessings given by the Imam to the individuals, but not instructions in farmans.


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