Main points of Haji bibi case any one know?
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Aly_shallwani
- Posts: 101
- Joined: Thu Jun 10, 2004 6:41 am
Main points of Haji bibi case any one know?
Haji bibi case details are so long that it'll take me so long to read it can any o­ne quote the main points of that case plz i'll really be thank ful<BR>
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_thaillestlunatic_
- Posts: 179
- Joined: Wed Jan 21, 2004 3:06 pm
Ya Aly Madat,
I believe alteast this part of the case can give you a outlook
as to what happend in the case
THIS suit was brought against His Highness Sir Sultan Mohamed Shah, the Aga Khan, and some of his relations by one Haji Bibi, widowed daughter of Jungi Shah, an uncle of Sir Sultan Mohamed Shah, claiming as one of the daughters of Jungi Shah, a share in the estate left by the first Aga Khan, and for that purpose preying to set aside a certain release which had been passed by one Shamsudin Shah, the administrator of the estate of Jungi Shah, releasing all the claims of that estate against Sir Sultan Mohamed Shah.
The plaintiff and defendant 2 and defendants 9 to 14, who supported the plaintiff's case, contended inter alia:
1. That the voluntary offerings made by the Khoja followers of the Aga Khan were made not for the personal use of the Aga Khan alone, but for and on behalf of the members of the Aga Khan family.
2. That the Aga Khan for the time being was bound, as a matter of right to maintain all his relations from out of such offerings, as had been done by the first and the second Aga Khans.
3. That the Khoja followers of the Aga Khan were from the date of their conversion into Mahomedanism, and had always been Shia Asnasharis by faith and not Shia Imami Ismailis.
4. That the release executed by the administrator of the estate of Jungi Shah was fraudulent and collusive and was a sham transaction never intended to be acted upon.
Mr. Bahadurji, the Honourable Mr. Setalvad and Mr. Dessai, for the plaintiff.
Mr. Inverarity, Mr. Lowndes and Mr. Raikes, for His Highness the Aga Khan.
The Honourable Mr. Scott, Mr. Strangman and subsequently Mr. Branson and Mr. Jinnah, for Shamsudin Shah.
Mr. Bahadurji and Mr. Desai, for defendant 2.
Mr. Robertson and Mr. Jardine, for defendant 3.
Mr. Branson and Mr. Viccaji and subsequently Mr. Jaffer Rahimtulla, for defendants 4 and 6.
Mr. Padsha and Mr. Lalkaka, for defendants 7 and 8.
The Honourable Mr. Setalvad, with Mr. Davar and Mr. Desai, for defendants 9 to 14.
The first witness of the plaintiff goes as far as to say that he considers His Highness the Aga Khan and his family as his Murshed i.e. spiritual leader. After denying that there are already factions amongst the Khojas in Bhuj, he admits that there are two factions amongst them. He says further that he knows some relations of the Aga Khan have filed a suit against him, but he does not know what the case is about. He does not know that they claim to have a right to a share in the offerings which is followers make to the Aga Khan. No one spoke to him as to the nature of the claim in suit. He does not understand what is meant by Ismaili nor what an Imami means. He does not understand what Shia Asnashari means, although he understands what a Shia means. He does not know who the 12 Imams are. When their names are given to him he says he does believe in them. He says that he only regards "the male members as our Mursheds, but we do not regard the females as our Mursheds. We regard them only as bibis of the Mursheds." He concludes by saying that he is a Khoja, but he is neither Ismaili nor an Asnashari. He does not know the distinction between the two.
The 2nd witness, Jaffer Mowji, does know what is meant by Asnashari Khojas. They believe in the 12 Imams only. He gives their names:- Ali, Hassan, Hussein, Zenalabedin, Mohomed Bakar, Jaffer Sadak, Moosa Kasum, Moosa Raza, Mohomed Taki, Ali Naki, Hasan Askari and Mohomed Mehdi. He believes only in these 12 Imams, as the true Imams descended from Ali. He does not accept the present Aga Khan as his Hazar Imam. He says he never heard a Doowa in his life and does not know that the names of the 48 Imams, including the present Aga Khan, are recited in the Doowa. His evidence is also very unsatisfactory as to there being two factions amongst the Khojas in Bhuj. He admits the Aga Khan is entitled to do with the monies, i.e. offerings, as he pleases. He cannot quote a single text from the Gnans, i.e. religious books of the Khoja faith, directing that the members of the family be recognized as Murshed; female members cannot be considered as Mursheds as they are merely Bibis.
The 3rd witness, Bundeali, denies that there are factions amongst the Khojas in Bhuj. He admits that "when the Talikas are received in the Jamatkhana, they are saluted and the seal thereon kissed by us," although he does not remember to have saluted or kissed a single Talika. These Talikas are from the Aga Khan Saheb and in his name. He admits that dozens of Khojas in Bombay and other places believe in the Aga Khan as their Hazar Imam as the Dhani of the Hazar Jome, and such Khojas are known as Shia Imami Ismailis. He does not consider any one as Imam except the first twelve. The female members of the family he does not consider as Mursheds. They are merely Bibis.
The 4th witness, Dalla Shivji, does not know that in the Doowa the names of the 48 Imams are recited. He recognizes only one person as the Murshed, that is the Aga Khan, who shows him the path in religion, and considers him alone as his Murshed. The monies are sent to him for the reason that he is Murshed. The members of the family would be entitled to the maintenance out of the payment remitted to the Aga Khan only if they are Mursheds and not otherwise
I believe alteast this part of the case can give you a outlook
as to what happend in the case
THIS suit was brought against His Highness Sir Sultan Mohamed Shah, the Aga Khan, and some of his relations by one Haji Bibi, widowed daughter of Jungi Shah, an uncle of Sir Sultan Mohamed Shah, claiming as one of the daughters of Jungi Shah, a share in the estate left by the first Aga Khan, and for that purpose preying to set aside a certain release which had been passed by one Shamsudin Shah, the administrator of the estate of Jungi Shah, releasing all the claims of that estate against Sir Sultan Mohamed Shah.
The plaintiff and defendant 2 and defendants 9 to 14, who supported the plaintiff's case, contended inter alia:
1. That the voluntary offerings made by the Khoja followers of the Aga Khan were made not for the personal use of the Aga Khan alone, but for and on behalf of the members of the Aga Khan family.
2. That the Aga Khan for the time being was bound, as a matter of right to maintain all his relations from out of such offerings, as had been done by the first and the second Aga Khans.
3. That the Khoja followers of the Aga Khan were from the date of their conversion into Mahomedanism, and had always been Shia Asnasharis by faith and not Shia Imami Ismailis.
4. That the release executed by the administrator of the estate of Jungi Shah was fraudulent and collusive and was a sham transaction never intended to be acted upon.
Mr. Bahadurji, the Honourable Mr. Setalvad and Mr. Dessai, for the plaintiff.
Mr. Inverarity, Mr. Lowndes and Mr. Raikes, for His Highness the Aga Khan.
The Honourable Mr. Scott, Mr. Strangman and subsequently Mr. Branson and Mr. Jinnah, for Shamsudin Shah.
Mr. Bahadurji and Mr. Desai, for defendant 2.
Mr. Robertson and Mr. Jardine, for defendant 3.
Mr. Branson and Mr. Viccaji and subsequently Mr. Jaffer Rahimtulla, for defendants 4 and 6.
Mr. Padsha and Mr. Lalkaka, for defendants 7 and 8.
The Honourable Mr. Setalvad, with Mr. Davar and Mr. Desai, for defendants 9 to 14.
The first witness of the plaintiff goes as far as to say that he considers His Highness the Aga Khan and his family as his Murshed i.e. spiritual leader. After denying that there are already factions amongst the Khojas in Bhuj, he admits that there are two factions amongst them. He says further that he knows some relations of the Aga Khan have filed a suit against him, but he does not know what the case is about. He does not know that they claim to have a right to a share in the offerings which is followers make to the Aga Khan. No one spoke to him as to the nature of the claim in suit. He does not understand what is meant by Ismaili nor what an Imami means. He does not understand what Shia Asnashari means, although he understands what a Shia means. He does not know who the 12 Imams are. When their names are given to him he says he does believe in them. He says that he only regards "the male members as our Mursheds, but we do not regard the females as our Mursheds. We regard them only as bibis of the Mursheds." He concludes by saying that he is a Khoja, but he is neither Ismaili nor an Asnashari. He does not know the distinction between the two.
The 2nd witness, Jaffer Mowji, does know what is meant by Asnashari Khojas. They believe in the 12 Imams only. He gives their names:- Ali, Hassan, Hussein, Zenalabedin, Mohomed Bakar, Jaffer Sadak, Moosa Kasum, Moosa Raza, Mohomed Taki, Ali Naki, Hasan Askari and Mohomed Mehdi. He believes only in these 12 Imams, as the true Imams descended from Ali. He does not accept the present Aga Khan as his Hazar Imam. He says he never heard a Doowa in his life and does not know that the names of the 48 Imams, including the present Aga Khan, are recited in the Doowa. His evidence is also very unsatisfactory as to there being two factions amongst the Khojas in Bhuj. He admits the Aga Khan is entitled to do with the monies, i.e. offerings, as he pleases. He cannot quote a single text from the Gnans, i.e. religious books of the Khoja faith, directing that the members of the family be recognized as Murshed; female members cannot be considered as Mursheds as they are merely Bibis.
The 3rd witness, Bundeali, denies that there are factions amongst the Khojas in Bhuj. He admits that "when the Talikas are received in the Jamatkhana, they are saluted and the seal thereon kissed by us," although he does not remember to have saluted or kissed a single Talika. These Talikas are from the Aga Khan Saheb and in his name. He admits that dozens of Khojas in Bombay and other places believe in the Aga Khan as their Hazar Imam as the Dhani of the Hazar Jome, and such Khojas are known as Shia Imami Ismailis. He does not consider any one as Imam except the first twelve. The female members of the family he does not consider as Mursheds. They are merely Bibis.
The 4th witness, Dalla Shivji, does not know that in the Doowa the names of the 48 Imams are recited. He recognizes only one person as the Murshed, that is the Aga Khan, who shows him the path in religion, and considers him alone as his Murshed. The monies are sent to him for the reason that he is Murshed. The members of the family would be entitled to the maintenance out of the payment remitted to the Aga Khan only if they are Mursheds and not otherwise
Reference to Haji BiBi Case summary
I have posted a summary of the case at: Anectdotes -> Haji Bibi Case Incident, in case you are interested.