Aga Khan Case

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The Aga Khan Case or Khoja Case was a major trial in the Bombay High Court in colonial India under British rule against Hasan Ali Shah ( Aga Khan I ) and heard by the British judge Joseph Arnould . The judgment was passed on November 12, 1866. The Aga Khan was confirmed in his rights and titles.

Bombay High Court , front side

The case arose when a group of Nizarites of Indian origin known as Chodschas (Khojas) refused to pay dues to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis . The khojas, following both Hindu and Muslim customs, did not identify with any single religion prior to the court ruling in 1866 (in which the judge declared them converts to Ismaili Islam who were committed to the Aga Khan).

The Bombay High Court which Chodschas were Shiites said that the Aga Khan as the ultimate authority what the community in Shiite and Sunni split denominations.

The religious scholar Teena Purohit shows in her analysis of the ginans - the religious texts of the Chodschas, which formed the basis of the judge's decision - that the religious practices they describe are not derivatives of Middle Eastern Islam , but manifestations of a native one.

In the following decades after the verdict, further divisions occurred within the Shiite group of the Chodschas in South Asia and East Africa , regarding their identity as the Twelve Shiites (or Ithna Ashariya) or the ' Seven Shiites ' (Imamites) following the Aga Khan. went. Such disputes, mostly over questions of inheritance and property, culminated in the judgment of 1909 when, as a result of the Haji Bibi case, the Khojas were declared to be 'Shiite-Imamite Ismailis'.

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References and footnotes

  1. ^ Arnould, Joseph in the Dictionary of National Biography
  2. see also Joseph Arnould : The Judgment in the Khoja Case (1866)
  3. On the ginans cf. ismaili.net
  4. Teena Purohit (after book trade link with preview: "... that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one.")
  5. The widowed daughter of Jungi Shah, an uncle of Sultan Mohamed Shah (Aga Khan III.), Against Aga Khan III. (this time with Judge Justice Russell ); see. ismaili.net: Haji Bibi Case of 1908 & ismaili.net: Haji Bibi Case Part 1 & Daftary pp. 229 f., 234 & Russell, Sir Justice. "Bombay High Court: Haji Bibi vs. HH Sir Sultan Mahomed Shah September 1, 1908". High Court of Bombay ( indiankanoon.org )
  6. or 'Nizari Ismailis' / 'Imami Shia' privycouncilpapers.org: Islamic law (Khoja Ismailis and colonial law) ( Memento from April 26, 2014 in the Internet Archive ) (Soumen Mukherjee); ismaili.net: Haji Bibi Case of 1908