Feb 28, 2015

Aga Khan 3.5: How Aly S. Khan Became The Spiritual Child of His Own Son

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For many years, Ismailis have devised and followed a certain criteria for designating the living Imam (or Hazar Imam). These criteria have not only been followed throughout their history, but are also taught to all Ismailis.
In this article we will look at the principles of Nizari Ismaili Imamate over the centuries, birth and background Aly S. Khan as described by his father Aga Khan III, appointment of Aly S. Khan as successor by Aga Khan III, contradiction in Aga Khan III’s will, rejection of Karim Aga Khan by the Ismaili community, and the question which looms Ismaili leadership to this day: “Was Aly S. Khan planning to come out clean?”.
1. Principles of Nizari Ismaili Imamate
2. Birth of Prince Aly S. Khan
3. Aly S. Khan’s Offcial Appointment as wali ahad
4. Contradicion in Aga Khan III’s Will
5. Ismailis’ Rejection of, and Revolt Against Karim Aga Khan
6. Was Aly S. Khan Planning to Come Out Clean?
Let’s examine all of the above:
1. Principles of Nizari Ismaili Imamate
The established criteria for the nizari Ismaili Imamate are as follows:
a.     The world cannot exist without an Imam and that there has to be an Imam on the face of this Earth;
b.     There can be only one true Imam at any given period of time;
c.     This person leads as true Imam as long as he lives;
d.     This living Imam has the sole authority to designate his successor;
e.     Under normal circumstances, this successor should be from one of his sons, which is usually the eldest son;
f.      The person designated as the next Imam can only be enthroned to the seat of Imamat, after the death of the previous Imam.
Here are the historical records to substantiate the above:
In 1817, Khalilullah Ali – the 45th Imam of the Ismailis and the father of the Aga Khan I, was murdered in Iran. After Khalilullah Ali, his son Hasan Ali became the 46th Imam. Hasan Ali died on 12th April 1881 in Bombay, India.
After Hasan Ali, his son Ali Shah became Aga Khan II and the 47th Imam of the Ismailis. Aga Khan II died on 17th August 1885 in Pune, India serving only four years as a Nizari Ismaili Imam.
After Ali Shah, his son Sultan Muhammad became Aga Khan III and the 48th Imam of the Ismailis. Sultan Muhammad died on 11th July 1957 in Geneva, Switzerland. After him, his grandson Kariminstead of his son Aly S. Khan, became Aga Khan IV and the 49th Imam of the Ismailis.
Karim Aga Khan’s appointment was unexpected as Sultan Muhammad Shah, Aga Khan III in the late years of his life had sent his son Aly S. Khan on various visits to Jamaats around the world and had clearly pronounced him as his successor.
2. Birth of Prince Aly S. Khan
Prince Aly S. Khan, referred in western media as Aly Solomone Khan or Prince Aly Salomone Shah, and in Ismaili literature as Prince Aly Salman Khan, was born 13 Jun 1911, Torino, Piemonte in Italy. Interestingly, his father, Aga Khan III himself admitted in public documents that Aly S. Khan was born out of wedlock.
The Aga Khan was married first in 1898 to the daughter of his uncle, Aga Jangishah. In 1908, Aga Khan III lost his heart to a pubescent teenage ballerina “Ginetta” (real name Theresa Magliano), during his visit to France. In his Memoirs published in 1954, Aga Khan III writes (p. 104):
From 1907 onwards I visited Europe every year. I had lost my heart to the French Riviera. Now in my maturity my affection for it had deepened and ripened, and I found myself returning to it again and again. In 1908 this affection found a personal focus. I made the acquaintance of Mlle. Theresa Magliano, one of the most promising young dancers of the Ballet Opera of Monte Carlo, a ballerina… She was then just nineteen… In the spring of that year she accompanied me to Egypt and we were married in Cairo in accordance with Muslim law.
Three years after the publication of his Memoirs, Aga Khan signed his will. We find an interesting version of “the muta form of marriage” in that document (p. 4):
In the year One thousand nine hundred and eight I was married to CLEOPE TERESA MAGLIANO according to the Muta form of marriage. On the twenty-third day of January One thousand nine hundred and twenty-three I went through the permanent form of marriage with my said wife CLEOPE TERESA MAGLIANO in Bombay observing the ceremonials which are customary among Shia Moslems.
Having insisted in his Memoirs published just before his death, that he had married Mlle. Magliano “in accordance with the Muslim law” the Aga Khan shortly afterwards in his Will admitted that in fact he was married to her “according to the muta form of marriage” and that fifteen years later he “went through the permanent form of marriage,” in Bombay.
Aly S. Khan was born in 1911, which is between 1908 – the year of the muta marriage and 1923 – the year when Aga Khan III was actually married.
Biographer Willi Frischauer writes in The Aga Khans (p. 75):
Although some Muslim writers (among them Mr. Asaf A. A. Fyzee, writing in the Aga Khan Diamond Jubilee Souvenir Book, 1945) have claimed that “mut’a (temporary marriage) is, according to Ismaili Law, altogether unlawful…” the Aga Khan himself, supreme arbiter of Ismaili religious practices, obviously did not concur because he mentioned in his will that he had married his second wife “by mut’a marriage”.
The Concise Encyclopedia of Islam (Harper and Row, 1989) describes “Mut’ah” (p. 291) as follows:
A marriage stipulated to be temporary, sometimes called a “marriage of pleasure.” The marriage is automatically terminated at the end of the agreed period.
Out of this temporary marriage, two sons were born within a period of three years. The first son was named Giussepe Mahdi Khan, who died in February 1911. The second son, named Aly S. Khan, was born in Turin, Italy, on 13 June 1911. Aly Khan’s birth certificate describes his mother as “Teresa Magliano, unmarried 22 years old, living on independent means,” and his father as “His Highness The Aga Khan, son of the late Aga Ali Shah.”
3. Aly S. Khan’s Offcial Appointment as wali ahad
In August 1930, Aga Khan III sent Prince Aly Khan to visit Syrian Ismailis. He also dispatched a special Farman to his Syrian Jama’at. This Farman was recorded by A. J. Chunara, the author of Noorum-Mubin. (p. 531), which reads:
“We are sending our son to you. Consider his arrival as my arrival. We are appointing our Prince as our wali ahad, meaning the successor to our throne.”
To commemorate this occasion, a darbar (royal pageant) was held in Salamiyya. The governor of Salamiyya read Aga Khan’s Holy Farman. Thereafter, members of the Syrian Jama`at took the bay’ ah (oath of allegiance) at the hand of the future Imam and offered him nazrana (or gifts). During this visit to Syria, Aly Khan rode an Arabian horse and wore an Arab dress. A photograph of this appears in Noorum-Mubin (p. 530) with the following caption in English:
H.S.H. Prince Aly S. Khan heir apparent to Mowlana Hazar Imam, in the Arab costumes of his forefathers, during his visit to Syria.
Ismailis of India, Africa, and Burma celebrated this appointment of Prince Aly with special majalis and melawadas. A deputation of Ismaili leaders presented Peramini (special gifts) to Lady Ali Shah at her bungalow in Valkesh’war, Bombay, records Noorum-Mubin, p. 532.
In our Mission Class, we were told by the senior missionaries that Prince Aly the future forty-ninth Imam would, during the period of his Imamate, manifest himself before the world as Hazrat Ali, the first Imam. On the day of his zahurat (manifestation), Aly Khan would wear an all-white Arab dress and ride the legendary white horse Duldul. In his right hand would be Zulfiqar, the undefeated sword of Mawla Ali (ra). To support their speculation, our teachers would quote a Ginan in Gujrati:
Duldul gode Ali chadseh Shah….
Aly S. Khan continued such trips until even March 1957 to Lourenço Marques, Mozambique and the other one around the same time when he visited Nagpur, India. There too, Aly S. Khan was accepted and honored as the next Imam by the entire Ismaili community worldwide as he substituted for his father as the Imam in many ceremonies. Little did Aly S. Khan, or anyone else know that his father had signed his official will on 25th May 1955 in which he would unprecedentedly skip his son in favor of his grandson as the next Imam of the Nizari Ismailis. This heart-breaking news for Aly S. Khan would only be revealed upon Sultan Muhammad Aga Khan’s death, when his will was read by his solicitor. The next imam was not yet designated at the time the will was being read and it was expected that Sultan Muhammad, Aga Khan III, would designate his son Aly S. Khan  as the next Imam. However, to the surprise of many, the last will of Aga Khan III appointed his grandson, instead of his son as Imam.
4. Contradiction in Aga Khan III’s Will
Interestingly, there were obvious contradictions in the will which the Aga Khan III signed off on. In this document (p. 6), Aga Khan stated:
…notwithstanding that under the Shia Moslem Law the issue of a son is not an heir if there be a son alive….
In other words under Shi’ah law, Karim, the grandson, could not be designated as an heir to the throne of Imamate as long as Karim’s father or uncle was alive. However, on 12 July 1957, the above-mentioned will of Aga Khan III was read in his villa in Geneva. It stated (p. 6):
I APPOINT my grandson KARIM, the son of my son ALY SALOMONE KHAN to succeed the title of AGA KHAN and to be the Imam and Pir of all my Shia Ismailian followers….
By his signature on the will document, the “all comprehensible” Imam had reversed his pronounced decree of wali-ahad, broken the admitted Shi’iah law of designation and shattered the dreams of Ismailis who were expecting Aly Khan to manifest as Hazrat Ali riding on Duldul with the sword zulfiqarin his hand. Consequently, Aly S. Khan became the spiritual child of his own son, Karim al-Husayni, Aga Khan IV (commonly known as Karim Aga Khan). Biographer Willi Frischauer records in The Aga Khans (p. 210):
Bettina …wrote: ‘To Aly it seemed that his father’s preference for his son was a kind of public humiliation for him… He was never quite the same from that day on. His deep sadness took cover beneath a life of still more inhuman activity.’
 …In Bettina’s words — which might well reflect Aly’s feelings at the time — Karim was now the spiritual father of his own father.
5. Ismailis’ Rejection of, and Revolt Against Karim Aga Khan
A majority of the Syrian Ismailis and a few Khojah Ismailis of Punjab revolted at this unprecedented designation. They refused to recognize the appointment of a grandson as their Imam. The group acknowledged Aly Khan as their forty-ninth Imam.
To avoid a possible split in the community, Aly Khan went to Syria, met the leaders of the revolting Ismailis, and explained that his father had chosen his son Karim as the next Imam. In Karachi, the leaders of the group gathered outside the residence of Amir Ali Fancy, President of the Federal Council for Pakistan, and began shouting “Shah Aly Khan Hazar Imam Zindabad“, meaning “Long live the majestic Aly Khan, the present Imam.”
Aly Khan met the leaders of the group and assured them that he too had accepted his son Karim as the rightful Imam. The revolting Ismailis were left with no other choice but to accept Karim Aga Khan as their forty-ninth Imam. In Ismaili history, Prince Aly will be remembered for his generosity by accepting his humiliation without protest.
6. Was Aly S. Khan Planning to Come Out Clean?
Later on, a story began to circulate among his close associates that the Prince had been talking to few of his trusted friends about making a clean breast and testifying before the Jama’at about “divinity and the divine power of the Ismaili Imams” after his initiation. The news may have reached the ears of the late Aga Khan III, who might have changed his decision about his son.
Aly Khan’s prenuptial affair during April 1935 at the Hotel Ritz in Paris with Mrs. Thomas Loel Guinness, the mother of Karim Aga Khan; his marriage to actress Rita Hayworth; and his friendship with Lise Bourdin Bettina, Juliette Greco, Gene Tierney, Kim Novak and other Hollywood personalities might be some of the social reasons for the change of heart of his father, Aga Khan III.
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Feb 8, 2015

Ismailism on Fasting: Saum or Shukravari Beej?

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Ismailis, the followers of Karim al-Husaini or the “Aga Khan”, govern their religious practices in accordance with the ginans (religious hymns) of their pirs and the farmans of their Imams. As with all other doctrines of Ismailism, some Ismailis today might claim that they fast throughout the month of Ramadhan, or otherwise depending on who is asking the question and who is answering.

The Resurrection – Abrogation of Saum in 1164 C.E.

Historically, it is recorded that on the 17th day of Ramadan, 559 A.H. (8 August 1164) – the anniversary of the murder of Hazrat Ali (ra) – Hasan II, a representative of the Ismaili Imam made the following historical declaration at Alamut:

“The Imam of our time has sent you his blessing and his compassion, and has called you his special chosen servants. He has freed you from the burden of the rules of Holy Law (Shari’a), and has brought you to the Resurrection (Qiyama).”
(Source: ‘The Assassins’ page 72 Al Saqi Book – 1985)

Hasan II then called for his followers to join him in a banquet, contravening the strictures of Ramadhan. This event is termed as ‘The Resurrection’ in Ismaili history. It is believed that ever since this event for the past 900 years, Ismailis have abandoned fasting in the month of Ramadhan.

Evidence from Ismaili Texts on the “True Spirit of Fasting”

However, we will have a look at the more recent religious texts of the Ismailis themselves to find out what exactly has been prescribed for them according to their holy scriptures, including ginans and farmans.
Ismailis believe that abstaining from eating and drinking is not the true spirit of fasting. The following was mentioned by Sultan Mohamed Shah, Aga Khan III:

“The life in this world is of two days (meaning a short time). So you should think of getting purified through worship of God. A true momin does not fast only during the month of Ramadan but all 365 days of the year. He does not commit any sin during all these 365 days of the year. This is the true spirit of fasting. It is not (the spirit) of fasting not to eat anything and indulge in evil acts at the same time. It is an illusion.”
(Source: Kalame Imame Mobin Volume 1, page 168)

Therefore today, if you were to catch a Ismaili red-handed eating during Ramadhan, the Ismaili would still claim that he is fasting and that he fasts 365 days of the year because the true spirit of fasting is to not commit sin and not to abstain from eating and drinking. This is in direct contradiction of al-Baqara 2:185 quoted later here.

Inception of Shukravari Beej

One of the major pirs, who Ismailis claim to be theirs, has been Pir Shams Sabzwari (d. 675 AH/1276 CE) whose writings, or ginans, govern many of the Ismaili practices. Saloko Moto is one such ginan recited regularly in the Ismaili Jamatkhanas. Here is a paragraph from this ginan which encompasses the commandment on Shukravari Beej – the Ismaili version of fasting:

Satgur Kahe re,
Satnu vrat shukr-vaari beej chhe
Ane baar pahor pura jaan
Ardho aahaar kari je raakhshe
Te paamshe amar thaam re
(Source: Saloko Moto (178) by Pir Shamsuddin Sabzwari)
Translation:
The true guide says,
The vow of Truth is to observe shukr-vaari beej
The fast is for 12 pahor, [Ed., i.e., 36 hours]
Start your fast with a half filled stomach
For this vow of Truth, you will gain the Eternal Abode

Pir Shams of the Ismailis mandates fasting for Ismailis for 12 pahor. A pahor is a unit of time which consists of three hours and 12 pahor would thereby equate to 36 hours. The ginan above is in clear contradiction of the Quran, which prescribes fasting from dawn to dusk:

“…and eat and drink, until the white thread of dawn appears to you distinct from its black thread; then complete your fast Till the night appears…”
(Holy Quran, Surah al-Baqara, 2:187)

Recent modifications to the practice of Shukravari Beej

The religious pronouncement by Pir Shamsuddin Sabzwari has however been ‘patched’ in a recent publication by one of the leading Ismaili missionaries, Alwaez Abualy, who writes the following in his book, ‘Ismaili Tariqah’:

“Beej means the second (day) and Shukrawar means Friday. In the past, the momins started the fast after the morning prayer on Thursday and broke it on Friday after evening prayer. Friday being the second day of the fast, was known as Beej. Hence Beej-Shukarwari. This is observed when there is a new-moon on Friday.

The fasting lasted twelve pahor, thirty six hours, during which the whole night should pass in prayer. No work, sleep or other worldly affairs are allowed.


Our Holy Pir Aga Ali Shah, during the Imamat of our Holy Imam Aga Hassan Ali Shah, reduced the duration of the fast to twelve hours, from dawn to dusk on the Friday, if it was the new moon.”
(Ismaili Tariqah by Alwaez Abualy)

Therefore, Ismailis maintain dual standards on fasting: on one hand in Ramadhan, they portray the belief that the “true spirit of fasting” is not to abstain from eating and drinking. On the other hand, they observe Shukravari Beej, during which they abstain from eating and drinking.

Inconsistencies in Shukravari Beej

Another interesting aspect of Shukravari Beej is that the current practice breaking the fast in Jamatkhanas (aka Community Centers or worship halls) of the Ismailis is done at the fixed time of evening prayers, regardless of the time of sunset. This is specially evident in the months of summer in North America where the sunset can go well beyond 9pm whereas Ismailis convene at their Jamatkhanas at a fixed time of usually 7:30pm in those countries. Therefore, even the patched version of ‘dawn to dusk’ given by Alwaez Abualy does not hold true in all cases. Muslims on the contrary, observe Saum as prescribed by the Quran and as practiced by Muslims over the past 1400 years.

It is clear that the Ismaili Imams and pirs, over the generations have been ignoring the violating the commandments pertaining to fasting in the Holy Quran and have been giving their own judgments on fasting. Unfortunately, Ismailis of today do not inspect the Holy Quran themselves to see that Allah has made fasting from dawn to dusk in Ramadhan mandatory:

“Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting, but if any one is ill, or on a journey, the prescribed period (Should be made up) by days later. Allah intends every facility for you; He does not want to put to difficulties. (He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful.”
(Holy Quran, Surah al-Baqara, 2:185)

And Allah knows best.
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Hazar Imam’s Status as “Ulil Amr” in the Light of Quran and Hadith

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Aga Khani Ismaili missionaries drill into the mind of average Ismaili from childhood that “Ulil Amr” is Aga Khan himself, including his predecessors and successors. The basis of this claim is Chapter 4:Verse 59 of the Qur’an:

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا

Transliteration:
Yā ‘Ayyuhā Al-Ladhīna ‘Āmanū ‘Aţī`ū Allāha Wa ‘Aţī`ū Ar-Rasūla Wa ‘Ūlī Al-‘Amri Minkum Fa’in Tanāza`tum Fī Shay’in Faruddūhu ‘Ilá Allāhi Wa Ar-Rasūli ‘In Kuntum Tu’uminūna Billāhi Wa Al-Yawmi Al-‘Ākhiri Dhālika Khayrun Wa ‘Aĥsanu Ta’wīlāan

Translation:
O you who believe! obey Allah and obey the Messenger and those in authority from among you; then if you quarrel about anything, refer it to Allah and the Messenger, if you believe in Allah and the last day; this is better and very good in the end. 

Aga Khanis usually quote the initial part of the verse to support their false belief  due to the fear that their false interpretations will be exposed from the remaining part of the verse itself. They just quote:

Transliteration:
Yā ‘Ayyuhā Al-Ladhīna ‘Āmanū ‘Aţī`ū Allāha Wa ‘Aţī`ū Ar-Rasūla Wa ‘Ūlī Al-‘Amri Minkum

Translation:
“O you who believe! Obey Allah and obey the Messenger and those in authority (Ulil Amr) from among you (min kum).” (Qur’an 4:59).
…they deliberately leave the remaining portion of the same verse, which is:

Transliteration:
Fa’in Tanāza`tum Fī Shay’in Faruddūhu ‘Ilá Allāhi Wa Ar-Rasūli ‘In Kuntum Tu’uminūna Billāhi Wa Al-Yawmi Al-‘Ākhiri Dhālika Khayrun Wa ‘Aĥsanu Ta’wīlāan

Translation:
“…
then if you quarrel about anything, refer it to Allah and the Messenger, if you believe in Allah and the last day; this is better and very good in the end”.

As we can clearly see in the second part of the verse which Aga Khanis avoid quoting,  that Allah (swt) commands believers, that when there arises a dispute between believers and Ulil Amir,  at that time they need to refer back to Allah and the Messenger. We shall analyze verse 4:59 in the sections which follow.
1. Unconditional Obedience is only for Allah and his Prophet
2. Proof from Quran that Obedience to Ulil Amr is Conditional
3. Proof from Hadith that Obidience to Ulil Amr is Conditional
4. Proof from Circumstances of Revelation for Verse of Ulil Amr
5. Conditions for Disobeying Ulil Amr According to Hadith
6. Imam Ali’s (ra) Understanding of Ulil Amr as in Nahjul Balagah
7. Proof from Quran that Ulil Amr Has Nothing to do with Imamat
8. Conclusion

1. Unconditional Obedience is only for Allah and his Prophet

This verse 59 of Surah An-Nisaa is precisely teaching the criteria for evaluating deen of a person. i.e., he or she should believe that: “Other than the Prophet himself, there is absolutely no other human who is perfect enough to be right all the time and whose words or actions could be followed on his own authority, without strong support from the Quran and Sunnah. Several verses of glorious Quran over and over clarify that absolute obedience is for Allah and his Prophet(pbuh) only:

Say, “Obey Allah and the Messenger.” But if they turn away – then indeed, Allah does not like the disbelievers. (3:32)
And obey Allah and the Messenger that you may obtain mercy. (3:132)

All who obey Allah and the messenger are in the company of those on whom is the Grace of Allah,- of the prophets (who teach), the sincere (lovers of Truth), the witnesses (who testify), and the Righteous (who do good): Ah! what a beautiful fellowship.(4:69)

And obey Allah and obey the Messenger and beware. And if you turn away – then know that upon Our Messenger is only [the responsibility for] clear notification. (5:92)

So fear Allah and amend that which is between you and obey Allah and His Messenger, if you should be believers. (8:1)

O you who have believed, obey Allah and His Messenger and do not turn from him while you hear [his order]. (8:20)

And obey Allah and His Messenger, and do not dispute and [thus] lose courage and [then] your strength would depart; and be patient. (8:46)

Allah says: “…Obey Allah and His Messenger…” (33:33)

One who disobeys God and His Messenger is in plain error.(33:36)

O you who have believed, obey Allah and obey the Messenger and do not invalidate your deeds. (47:33)

As it can be noticed from the above verses of Quran, that the absolute obedience is always for Allah and his Messenger(pbuh) only. However, the verse 4:59 adds a new element, it tells us to obey Allah and obey the messenger and those in authority (Ulil Amr).

 

2. Proof from Quran that Obidience to Ulil Amr is Conditional

Observe that the word “obey” (أَطِيعُوا) is placed in front of the words Allah and Messenger (pbuh) BUT NOT in front of the word “Those in authority (Ulil Amr)”. Allah did not say “wa atiu Ulil Amri minkoom” (and obey those charged with authority), rather Allah kept it merely at “and those in authority over you” (without adding the word “OBEY” before it) as a sign to indicate a conditional obedience. This is because their obedience is tied with the obedience of Allah and his messenger, if the ones in authority (Ulil Amr) obey Allah and Prophet (pbuh), then and only then do we obey them.

Since this verse is an exception, it is also accompanied by a condition, and the condition is that if we differ with the ones in Authority(Ulil Amr) we should return the matter to Allah and his Messenger (pbuh), WHY? Because only they are divine and infallible and their obedience is absolute. We CAN differ with the ones in authority (Ulil Amr) but we CANNOT differ with Allah and his Messenger (pbuh).

Let us look at the verse  59  of Surah An-Nisaa  carefully and reflect on its contents. The verse commands believers to obey Allah (أَطِيعُوا اللهَ), who must be obeyed in His own right because He is the Creator, Owner, and Master. Then the verse repeats the command and says, “Obey the Messenger”  (أَطِيعُوا الرَّسُولَ), who should also be obeyed in his own right as the Messenger of Allah, because Allah sent him and ordered us to obey him. He also told us in 4:80:  “Whoever obeys Messenger, he in fact obeys Allah.”

In both of these segments the command “obey” (أَطِيعُوا) was repeated, because obedience to both was on their own authority and in their own right: One as the Creator and the second as His Messenger. Then the verse continues: “and those charged with authority” (وَأُولِي الْأَمْرِ مِنكُمْ). For this segment the command ‘Obey’ has not been repeated, indicating that the obedience to Ulil Amr (those charged with authority), although necessary for the existence of an organized community, is subservient to the obedience to Allah and His Messenger. The obedience to Ulil Amr must only be in matters and orders that are in line with and supported by clear injunctions from Allah and His Messenger. The Ulil Amr cannot demand obedience in their own right or on their own authority, but only in compliance of the teachings of the Quran and Sunnah with clear support from them. That is why the word ‘obey’ (أَطِيعُوا) has not been repeated for them. Had obedience to Ulil Amr not to be constrained within the provisions of the Quran and Sunnah, the style would have been different: Either It would have only one ‘obey’, i.e., “Obey, Allah, the Messenger and Ulil Amr” ; or, obey for all three parties, “obey Allah, obey the Messenger and obey Ulil Amr”. However, the contruct used was different than both of these formats.

The constraint upon the obedience to Ulil Amr is further clarified and emphasized by the next segment of the verse, “If  you differ in anything among yourselves, refer it to Allah and His Messenger”. That is: if there is a difference of opinion between rulers (Ulil Amr) and ruled (common people) or any segment of the Ummah, then the matter must be referred only to Allah and His Messenger (Quran and Sunnah). In other words, it must be decided and settled according to the Quran and Sunnah that are the basis of religion. There is no mention of Ulil Amr this time because their opinion or order is not on the basis of their own authority but rather it is acceptable only when it is clearly supported by the provisions of the Quran and Sunnah.

 

3. Proof from Hadith that Obedience to Ulil Amr is Conditional


3.1 Narrated `Imam Ali that the Prophet sent for a skirmish (sariya) under the command of a man from the Ansar and ordered the soldiers to obey him. He (i.e. the commander) became angry and said “Didn’t the Prophet order you to obey me!” They replied, “Yes.” He said, “Collect firewood for me.” So they collected it. He said, “Make a fire.” When they made it, he said, “Enter it (i.e. the fire).” So they intended to do that and started holding each other and saying, “We run towards (i.e. take refuge with) the Prophet from the fire.” They kept on saying that till the fire was extinguished and the anger of the commander abated. When that news reached the Prophet he said, “If they had entered it (i.e. the fire), they would not have come out of it till the Day of Resurrection. Obedience (to somebody) is required when he enjoins what is good.”(Sahih al-Bukhari 5.629)

Comment: From this narration we found that obedience to the one in authority was necessary but when there rose a dispute, the result was given in the favor of the ones who sided with the teachings of Prophet (pbuh), it was not said that the one in authority should have been obeyed, because what the one in authority commanded was against Allah and his Messenger (pbuh).

3.2 Sayyiduna Abd Allah (Allah be pleased with him) narrates that the Messenger (pbuh) of Allah  said: A Muslim must listen to  and obey (the order of his ruler) in things that he likes or dislikes, as long as he is not ordered to commit a sin. If he is ordered to disobey Allah, then there is no listening and no obedience. (Sahih al-Bukhari  6725 & Sahih Muslim 1839)

Comment: We find that obedience to ruler is compulsory in general case, as the first part of the verse(4:59) says us, but if the ruler orders to disobey Allah then there is no obedience to him. Thus proving that obedience to rulers is conditional.

 

 4. Proof from Circumstances of Revelation for the Verse of Ulil Amr

Let us look at the ‘Sabab Al-Nuzool’ (“occasion/circumstances of revelation”) of the Ayah to further strengthen the fact that (4:59) was not revealed for the obedience of some future Ulil Amr Imams but those Ulil Amr who were appointed by the Prophet (pbuh).

4.1 Narrated Ibn `Abbas: The verse “Obey Allah and Obey the Apostle and those of you (Muslims) who are in authority.” (4:59) was revealed in connection with `Abdullah bin Hudhafa bin Qais bin `Adi’ when the Prophet appointed him as the commander of a Sariyya (army detachment).This was narrated by Bukhari from Sadaqah ibn al-Fadl and also by Muslim from Zuhayr ibn Harb and both transmitter related it from Hajjaj. (Sahih al-Bukhari 6.108)

4.2 Said Ibn ‘Abbas, according to the narration of Badhan: “The Messenger (pbuh) of Allah (swt) sent Khalid ibn al-Walid in a military expedition to one of the Arab clans. He was accompanied in this expedition by ‘Ammar ibn Yasir. When he drew closer to them at night, he stopped to camp in order to try to conquer them the following morning. Meanwhile this clan was warned about the approaching military expedition which made them flee the area, except for one man who was a Muslim. This man asked his family to get ready to move and then he went to the camp of Khalid and entered in on ‘Ammar. He said to him: ‘O Abu’l-Yaqzan! I am one of you. But my people ran away when they heard you were coming. I stayed because I am Muslim. Is this of any benefit to me, or shall I flee as my people did?’ ‘Ammar said: ‘Stay, for it is beneficial to you’.The man returned to his family and told them to stay. The following morning, Khalid invaded the clan but found no one except this man, and so he imprisoned him and seized his property.‘Ammar went to him and said: ‘Let the man go, for he is a Muslim and I have already given him amnesty and told him to stay’. Khalid said: ‘You give protection from me to others while I am the leader!’ Ammar said: ‘Yes, I give protection from you to others while you are the leader’. And they exchanged angry words.Then they both went to the Prophet, Allah bless him and give him peace, and informed him about the man. The Prophet, Allah bless him and give him peace, gave the man amnesty, sanctioned the amnesty that ‘Ammar had given to the man and then forbade him from giving amnesty to anyone in the future without the express permission of his leader. ‘Ammar and Khalid insulted each other in the presence of Allah’s Messenger, Allah bless him and give him peace, and when ‘Ammar spoke very rudely to Khalid, the latter became very angry and said: ‘O Messenger of Allah, will you allow this slave to insult me? By Allah, if it were not for you, he would not insult me’. ‘Ammar, by the way, was a client of Hashim ibn al-Mughirah. The Messenger of Allah, Allah bless him and give him peace, said: ‘O Khalid, leave ‘Ammar alone, for whoever insults ‘Ammar, Allah will insult him, and whoever hates ‘Ammar, Allah will hate him’. Upon which ‘Ammar left. Khalid followed him, and held him by his cloak and asked him to forgive him, which he did. Allah, exalted is He, then revealed this verse, enjoining obedience to those who are in authority”. (Asbaab Al-Nuzool’ for 4:59 by Abu Al-Hassan Ali Ibn Ahmad Ibn Muhammad Ibn Ali Al-Wahidi)

 

5. Conditions for Disobeying Ulil Amr According to Hadith


5.1 It has been narrated on the authority of ‘Auf b. Malik that the Messenger of Allah (may peace be upon him) said: The best of your rulers are those whom you love and who love you, who invoke God’s blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you. It was asked (by those present): Shouldn’t we overthrow them with the help of the sword? He said: No, as long as they establish prayer among you. If you then find anything detestable in them. You should hate their administration, but do not withdraw yourselves from their obedience. (Sahih Muslim Book 20, Number 4573)

5.2 It has been narrated (through a different chain of transmitters) on the authority of Umm Salama (wife of the Holy Prophet) that he said: Amirs will be appointed over you, and you will find them doing good as well as bad deeds. One who hates their bad deeds is absolved from blame. One who disapproves of their bad deeds is (also) safe (so far as Divine wrath is concerned). But one who approves of their bad deeds and imitates them (is doomed). People asked: Messenger of Allah, shouldn’t we fight against them? He replied: No, as long as they say their prayer. (” Hating and disapproving” refers to liking and disliking from the heart.)

Comment: From the above  narrations we find that Prophet (pbuh) himself declared that there would be Ameers (rulers) who would be doing bad as well as good deeds, yet Prophet (pbuh) commanded that they need to be obeyed. (Sahih Muslim Book 20, Number 4570)

5.3 Narrated Ma’qil:  Allah’s Apostle said, “If any ruler having the authority to rule Muslim subjects dies while he is deceiving them, Allah will forbid Paradise for him.” (Sahih al-Bukhari Volume 9, Book 89, Number 265)Comment: This hadith also proves that Ulil Amr could be ones who can be deceivers and therefore might command something which is not in line with Quranic commandments and Prophetic traditions.

5.4 Al-Nauman ibn Basheer told us: The Prophet (pbuh) said: ‘Prophethood will remain in you for as long as God decides for it to remain and then God will remove it when He decides to remove it. After Prophet hood, there will be a Caliphate on the style of prophethood and it will exist for as long as God decides for it to exist, then He will remove it when He decides to remove it. Then there will be a kingdom in which people will face trials and tribulations and it will continue to exist for as long as God decides for it to exist. Then He will remove it, when He decides to remove it. After this, there will be an oppressive kingdom and it will continue to exist for as long as God decides for it to exist. Then He will remove it, when He decides to remove it. Then there will once again be a rule on the style of prophethood. After saying this, the Prophet (pbuh) was silent.’ (Takhreej Mishat al Masabih #5306)

Comment: This shows that there would be a time when the ones in rule will be Tyrants and Oppressors. Aga Khan too, has been referred to as having an ‘earthly kingdom’ (Vanity Fair, February 2013)

 

6. Imam Ali’s (ra) Understanding of Ulil Amr as in Nahjul Balagah

Let us see Ali’s (ra) understanding and interpretation in his book “Nahjul Balagha (Peak of Eloquence)”. In the Letter #53 to al-Ashtar al-Nakha’ee whom He (ra) had appointed as the ruler of Egypt, he writes:

“Maalik, You must never forget that if you are a ruler over them than the caliph is the ruler over you and Allah is the Supreme Lord over the caliph. And the reality is that He has appointed you as the governor and tested you through the responsibility of this rulership over them.”

And then He says:

وَارْدُدْ إِلَى الله وَرَسُولِهِ مَا يُضْلِعُكَ مِنَ الْخُطُوبِ (1)، وَيَشْتَبِهُ عَلَيْكَ مِنَ الاْمُورِ، فَقَدْ قَالَ اللهُ سبحانه لِقَوْم أَحَبَّ إِرْشَادَهُمْ: (يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الاْمْرِ مِنْكُمْ فَإنْ تَنَازَعْتُمْ فِي شَيْء فَرُدُّوهُ إِلَى اللهِ وَالرَّسُولِ)، فَالرَّدُّ إِلَى اللهِ: الاْخْذُ بِمُحْكَمِ كِتَابِهِ (2)، وَالرَّدُّ إِلَى الرَّسُولِ: الاْخْذُ بِسُنَّتِهِ الْجَامِعةِ غَيْرِ الْمُفَرِّقَةِ

“When you are faced with problems which you cannot solve or with a difficult situation from which you cannot escape or when uncertain and doubtful circumstances confuse and perplex you, then turn to Allah and the Holy Prophet (s) because Allah has thus ordered those whom He wants to guide: “Obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger” The way to turn to Allah is to act diligently according to the clear and explicit orders given in His Holy Book and to the turn to the Holy Prophet (s) means to follow those of his Sunnah about which there is no doubt and ambiguity and which have been generally accepted to be correctly recorded.” (Nahjul Balagha, Letter #53)

Therefore, Ali (ra) advised to Maalik, who was appointed in authority over Egypt, that if he faced any problem or difficulty then he needed to turn to Allah (swt) and Prophet (pbuh), because Allah mentioned in Quran the verse 4:59, and its later part commands to refer Allah and his Prophet during disagreement.
It is obvious from this letter of Ali (ra) that that Ali (ra) considered Maalik who was appointed in authority over Egypt as Ulil Amr (the one who is in authority) which is why He (ra) directed Maalik to the verse 4:59  which is about, what is to be done when their appears a dispute between Ulil Amr and Believers. Ali could have said if you face any problem refer to me, but He (ra) didn’t say anything as such. It is surprising that even Ali (ra) who is considered by Aga Khani Ismailis as Aga Khan’s predecessor never considered himself as Ulil Amr, but Aga Khan himself does consider himself one and has even gone to the extent of modifying or abolishing all pillars of faith.

 

7. Proof from Quran that Ulil Amr Has Nothing to do With Imamat

One final proof for those who would like to debate on the authenticity of Hadith and Nahjul Balagha and on the different interpretations of 4:59 is to examine the Quran itself and see where else does Ulil Amr appear in the Quran. Interestingly, in the same Chapter 4 of the Qur’an, Allah (swt) again mentions Ulil Amr as follows in Verse 83:

وَإِذَا جَاءَهُمْ أَمْرٌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ ۖ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَىٰ أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ ۗ وَلَوْلَا فَضْلُ اللَّهِ عَلَيْكُمْ وَرَحْمَتُهُ لَاتَّبَعْتُمُ الشَّيْطَانَ إِلَّا قَلِيلًا


Transliteration:
Wa ‘Idhā Jā’ahum ‘Amrun Mina Al-‘Amni ‘Awi Al-Khawfi ‘Adhā`ū Bihi Wa Law Raddūhu ‘Ilá Ar-Rasūli Wa ‘Ilá ‘Ūlī Al-‘Amri Minhum La`alimahu Al-Ladhīna Yastanbiţūnahu Minhum Wa Lawlā Fađlu Allāhi `Alaykum Wa Raĥmatuhu Lāttaba`tumu Ash-Shayţāna ‘Illā Qalīlāan

Translation:
And when there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority among them, then the ones who [can] draw correct conclusions from it would have known about it. And if not for the favor of Allah upon you and His mercy, you would have followed Satan, except for a few.

Here, Allah asks the believers to confer to the Prophet or Ulil Amr, i.e., the appointed one in authority by the Messenger (pbuh) – which can be anyone high enough in rank and authority to have the knowledge, wisdom and resources of verifying news and drawing correct conclusions from it. The use of the term Ulil Amr here is the final clear evidence that Ulil Amr are general Muslim leaders and governors who were charged with authority during different times.

 

8. Conclusion

It is evident from the above article that:
(a) Obedience to Allah and His messenger is unconditional;
(b) Obedience to Ulil Amr is conditional;
(c) Ulil Amr (those in authority) were general Muslim authorities in the context of revelation of this verse; and
(d) It is our duty to reject the commands of Ulil Amr if it contradicts with Quranic commandments and the Prophetic traditions.

Credit:
Extracted and summarized for Nizari Ismaili readers from ‘A multi-angular refutation of Shiite views on Ulil Amir’ at:
http://youpuncturedtheark.wordpress.com/2014/01/25/part-1-a-multi-angular-refutation-of-shiite-views-on-Ulil Amr459/
Please visit the above link for reading the complete article.
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Hazar Imam’s Alcohol Business

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The complete prohibition of intoxicants was established through the following verse of the Quran:
O you who believe! intoxicants and games of chance and (sacrificing to) stones set up and (dividing by) arrows are only an uncleanness, the Shaitan’s work; shun it therefore that you may be successful. The Shaitan only desires to cause enmity and hatred to spring in your midst by means of intoxicants and games of chance, and to keep you off from the remembrance of Allah and from prayer. Will you then desist?
The Holy Quran, Surah al-Maida, Chapter 5: 90-91)
The above verse was revealed after initial verses discouraging the Muslim from praying while intoxicated (4:43) and before that stating that intoxicants do more harm than good (2:219).

The Prophet (pbuh) further instructed Muslims to refrain from selling of alcohol. It was narrated from Jabir bin `Abdullah that he heard Allah’s Messenger (ﷺ) saying in the year of the Conquest (of Mecca) while he was in Mecca:
“Allah and His Apostle have made the selling of wine unlawful.”
Sahih al-Bukhari, Book of Military Expeditions led by the Prophet (pbuh) (Al-Maghaazi), Vol. 5, Book 59, Hadith 590
Furthermore, it was narrated from Ibn ‘Umar that the Messenger of Allah (ﷺ) said:
“Wine is cursed from ten angles: The wine itself, the one who squeezes, the one for whom it is squeezed, the one who sells it, the one who buys it, the one who carries it, the one to whom it is carried, the one who consumes its price, the one who drinks it and the one who pours it.”
Sunan Ibn Majah, Chapters on Drinks, Vol. 4, Book 30, Hadith 3380
Aga Khan, who claims to be a Muslim leader and a self-proclaimed direct descendant of Prophet Muhammad (pbuh), openly disobeys the Quran. He owns a chain of luxury 5-star hotels known as Serena Hotels (www.serenahotels.com). Alcohol is openly sold in the bars of these hotels. The following is a list of locations where Aga Khan sells alcohol:
Champagne offerings pictured in the homepage of Serena Lake Manyara.
Source: http://www.serenahotels.com/serenalakemanyara/default-en.html

1. Afghanistan
1.1 Pool Bar in Kabul Serena Hotel http://www.serenahotels.com/serenakabul/dining-en.html

2. Pakistan
2.1 Pool Bar at Faisalabad Serena Hotel http://www.serenahotels.com/serenafaisalabad/default-en.html
2.2 Pool Bar at Islamabad Serena Hotel  http://www.serenahotels.com/serenaislamabad/dining-en.html
2.3 Pool Bar at Quetta Serena Hotel http://www.serenahotels.com/serenaquetta/dining-en.html
2.4 Pool Bar at Swat Serena Hotel http://www.serenahotels.com/serenaswat/dining-en.html

3. Kenya
3.1 Pool Terrace and Bar  at Nairobi Serena Hotel  http://www.serenahotels.com/serenanairobi/poolterraceandbar-en.html
3.2 Aksum Bar at Nairobi Serena Hotel http://www.serenahotels.com/serenanairobi/aksumbar-en.html
3.3 Wines, beers, spirits  at Mara Serena Safari Lodge http://www.serenahotels.com/serenamara/dining-en.html
3.4 Wines, beers, spirits at Amboseli Serena Safari Lodge http://www.serenahotels.com/serenaamboseli/dining-en.html
3.5 Wines, beers, spirits at Sweetwaters Tented Camp http://www.serenahotels.com/serenasweetwaters/dining-en.html
3.6 Wines, beers, spirits at Kilaguni Serena Safari Lodge http://www.serenahotels.com/serenakilaguni/dining-en.html
3.7 Wines, beers, spirits at Serena Mountain Lodge http://www.serenahotels.com/serenamountainlodge/dining-en.html
3.8 Wines, beers, spirits at Ol Pejeta House http://www.serenahotels.com/serenaolpejeta/dining-en.html
Champagne offerings pictured at the homepage of Serena Lake Manyara.
(Source: http://www.serenahotels.com/serenalakemanyara/default-en.html)

4. Mozambique
4.1 Aquarius Restaurant and Bar Polana Serena Hotel) http://www.serenahotels.com/serenapolana/dining-en.html
4.2 The Polana Bar(Polana Serena Hotel) http://www.serenahotels.com/serenapolana/dining-en.html

5. Rwanda
5.1 Lake View Bar and Terrace (Lake Kivu Serena Hotel) http://www.serenahotels.com/serenalakekivu/default-en.html
5.2 Ziwani beach café and bar (Lake Kivu Serena Hotel) http://www.serenahotels.com/serenalakekivu/default-en.html

6. Tanzania
6.1 Masahani Bar at Zanzibar Serena Inn http://www.serenahotels.com/serenazanzibar/dining-en.html
6.2 Wines, beers, spirits at Arusha Mountain Village http://www.serenahotels.com/serenaarusha/dining-en.html
6.3 Wines, beers, spirits at Ngorongoro Serena Safari Lodge http://www.serenahotels.com/serenangorongoro/dining-en.html
6.4 Wines, beers, spirits at Serengeti Serena Safari Lodge http://www.serenahotels.com/serenaserengeti/dining-en.html
6.5 Wines, beers, spirits at Lake Manyara Safari Lodge http://www.serenahotels.com/serenalakemanyara/dining-en.html
6.6 Wines, beers, spirits at Selous Wildlife Lodge http://www.serenahotels.com/serenaselous/dining-en.html
6.7 Wines, beers, spirits at Mivumo River Lodge http://www.serenahotels.com/serenamivumo/dining-en.html

7. Uganda
7.1 Mist Bar at Kampala Serena Hotel  http://www.serenahotels.com/serenakampala/dining5-en.html
7.2 The Kigo Bar  at Lake Victoria Serena Resort http://www.serenahotels.com/serenalakevictoria/dining3-en.html
For more information and an audio narrative, please watch the video below:
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Ruling on Aga Khan Foundation by Scholars

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The following important document compiled by Shaykh Faiz Ullah Chitrali contains ruling by noteworthy scholars not only on the Aga Khan Foundation, but also on Ismailism. Featured are the rulings from:
  • Mufti-e-Azam Pakistan Mowlana Mufti Wali Hasan Tonki
  • Mowlana Muhammad Yusuf Ludhiyanvi
  • Darul Uloom Karachi-14
  • Darul Ifta Nazimabad











Download all of the above as a single PDF booklet by clicking here.
Content made available courtesy of The Reality of Ismailis on Facebook.
http://www.facebook.com/TheRealityOfIsmailis

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