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Haji Bibi case information


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.[1] 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.[2][3] 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.[4]

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.[1] Furthering the 1866 decision in the Aga Khan case, this tradition was differentiated from both Sunnis and Ithnā‘asharis.[5]

  1. ^ a b Russell, Justice (1908). "Haji Bibi v. H.H. Sir Sultan Mohamed Shah, The Aga Khan". The Bombay Law Reporter – via First Ismaili Electronic Library and Database.
  2. ^ Mukherjee, Soumen (2017). Ismailism and Islam in Modern South Asia. Cambridge, UK: Cambridge University Press. p. 114. ISBN 978-1-107-15408-7.
  3. ^ Kassam, Tazim R. (1995). Songs of wisdom and circles of dance : hymns of the Satpanth Ismāì̄lī Muslim saint, Pīr Shams. Albany: State University of New York Press. ISBN 0585045925. OCLC 44961093.
  4. ^ "Chapter two. Sectarian Showdown in the Aga Khan Case of 1866", The Aga Khan Case, Harvard University Press, 2012, pp. 35–56, doi:10.4159/harvard.9780674067707.c4, ISBN 9780674067707
  5. ^ Ali S. Asani, ”From Satpanthi to Ismaili Muslim: The Articulation of Ismaili Khoja Identity in South Asia," in Modern History of the Ismailis, ed. Farhad Daftary (London, New York: IB Tauris in association with the Institute of Ismaili studies, 2010), 95-128.

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