Haji Bibi case
Haji Bibi v. His Highness Sir Sultan Mohamed Shah, the Aga Khan, often referred to as the Haji Bibi Case, was a 1908 court case in the Bombay High Court heard by Justice Russell. The case was fundamentally a dispute over the inheritance of the estate of Hasan Ali Shah, a Persian nobleman with the title Aga Khan I and the hereditary leader (46th Imam) of the Nizari Ismailis. A number of the properties and other monetary assets had been passed down to Aqa Ali Shah, Aga Khan II and then to his grandson, Sir Sultan Muhammad  Shah, Aga Khan III. The plaintiffs included Haji Bibi who was a widowed granddaughter of Aga Khan I and a few other members of the family that all claimed rights to the wealth. The decision is notable as it confirmed the Aga Khan III's exclusive rights to the assets of his grandfather and to the continued religious offerings by his followers, including some Khojas, as the 48th Imam of the Nizaris. As part of the adjudication, the British judge extensively examined the religious identity of the Khoja community in India. The plaintiffs argued that the family was Ithnā‘ashari (Twelver ), and under the corresponding Muhammadan customs of inheritance, they were obligated to shares. However, after considering the religious customs of the Khojas including the "ginans", Justice Russell concluded that the community was Shia Imami Ismaili Muslims, now known as Nizari Ismailis. Furthering the 1866 decision in the Aga Khan case, this tradition was differentiated from both Sunnis and Ithnā‘asharis. Historical background. Before the arrival of the British in the Indian subcontinent, the Khojas had a pluralistic character and used multilingual discourses to address their faith. The community had been converted by a number of Nizari Ismaili pirs and sayyids since  the 11th century, of whom Pir Sadruddin and his son Pir Hasan Kabiruddin are often seen as the most influential and successful missionaries. However, the collection of their teachings was referred to as "satpanth", ‘the true path,’ and the group did not self-identify as Ismaili, Muslim, or even Hindu. Rather, traditions were adopted from all three, and the Khjoas expressed their beliefs in terms of concepts and formulations. For example, the "satpanth" tradition venerated `A True Guide` that lived in the West that could have been interpreted as either the Nizari Imams or the 10th incarnation of  Vishnu. This unique set of beliefs not only baffled outsiders such as the British legislature, but it also led to internal confusion within the community. Since the Alamut period, the Nizari Imams had been settled within Persia. Although they often received religious offerings from their followers in the Indian subcontinent, there was little done to label the "satpanth" as Ismailis / Nizaris or unify the community under the Imam's authority. Aga Khan I was similarly born in Persia, but due to conflict with the ruling Qajar government, was forced to flee in 1841. He eventually settled in Bombay in 1848  where he proceeded to assert his authority on all sorts of issues related to the large Khoja population, including controlling the communally owned property. While a number of the Khojas accepted the Aga Khan I as their new leader, a number of dissenters challenged his authority in what is now known as the Aga Khan case of 1866. The decision by Sir Joseph Arnould concluded that the Khoja were Shia Muslim and not Sunni, with the hereditary line leading to Aga Khan I as their rightful leaders. It is also important to note that the Aga Khan I's move  to India did not just involve one individual. Rather, the movement involved thousands of persons affiliated with his institution, including extended family, servants, scribes, and private military forces. Upon moving, he used his property, allowances from the government of Rs 3000, and continued religious dues from the Khoja community to establish a presence in Bombay through a number of properties and care for his extended family. This would become one of the central issues in the Haji Bibi case. Did the Aga Khan care for his extended family out of his personal goodwill or out of some other obligation? Arguments  and evidence. Justice Russell's decision in The Bombay Law Reporter notes that as many as 128 claims were brought up by the prosecution. Generally, these issues fell under 4 umbrellas. Below we analyze both the plaintiffs and defendants arguments: 4. Murder of Hassan Shah and Jungi Shah. One issue with the current primary source literature is that the Aga Khan III's defense is not fully available due to the public. Arguing that the testimony would lead to conflict within the community, the defense counsel asked for the judge to clear the court. Justice Russell permitted this request, and  although the private evidence was used in the adjudication, it was expunged from all public records. Impact. As a case generally around inheritance within the Aga Khan family, the decision by Justice Russell immediately concluded the rights of the Sir Sultan Muhammad Shah, Aga Khan III to the assets of family assets accrued by his grandfather and father. More broadly, the Haji Bibi case furthered defined the religious identity of the Khoja followers of the Aga Khan as Shia Imami Ismailis, distinct from both the Sunnis and Ithna’asharis. This label would become a primary marker of identity, and over time , many of the practices of the Khojas would change to remove some of the Hindu or Indic elements to better match the Muslim community. A response given by the Aga Khan during this case regarding the origin of his followers is significant. In addition to enumerating his followers in Iran, Russia, Afghanistan, Central Asia, Syria and other places, he also noted that “In Hindustan and Africa there are many Guptis who believe in me…I consider them Shi’i Imami Ismailis; by caste they are Hindus”. This serves as an important example where the Imam recognizes the Gupti community, who were  practicing pious circumspection ("taqiyya") at the time, as his Ismaili followers. During the Imamate of Aga Khan III, the Nizaris would grow in prominence and followers. The Imam would play a significant role in the independence movement from Britain as well as the formation of Pakistan.