TARIQAH AND CONSTITUTION

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TARIQAH AND CONSTITUTION

• A presentation by
• Kamaluddin Ali Muhammad
• National Council Hall, Karachi
• 15-11-2008

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AKNOWLEDGEMENT

• I thank my following colleagues for their most
  valuable help in preparing this presentation
• Alwaiz madad Ali Karami, Itreb for Sindh,
  Hyderabad
• Alwaiz Zulfiqar Jessani, Itreb for Pakistan
• Alwaiz Akbar Abdul Majeed, Itreb for Karachi and
  Balochistan

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• UNDERSTANDING
• OUR
• TARIQAH

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SOME BASIC CHARACTERISTICS OF ISLAM-1

• Freedom of interpretation
• No compulsion in religion 2256
• Concept of ease in practice 2185, 2278
• Create easiness and not difficulty (Hadith)
• Use of intellect
• No responsibility to convince others

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SOME BASIC CHARACTERISTICS OF ISLAM-2

• Concept of majority and minority in religion
• A natural religion
• Different dimensions of Islam
• Relationship between Imam and Quran
• Understanding the context in which questions are
  asked.
• True nature of Islam Hazar Imams speech

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HAZAR IMAMS MESSAGE ON ESSENCE OF ISLAM

• This message is still potent in the Muslim
  world today, although it is sometimes clouded,
  distorted and deformed by political interests and
  by struggles for power over the minds and hearts
  of people. There are attempts at transforming
  what are meant to be fluid, progressive,
  open-ended, intellectually informed, and
  spiritually inspired traditions of thought, into
  hardened, monolithic, absolutist and obscurantist
  positions . (London 19-10-03)

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TRUE NATURE OF ISLAM (London, October 19, 2003)
Yes
No

• Fluid
• Progressive
• Open-ended
• Intellectually informed
• Spiritually inspired

• Hardened
• Monolithic
• Absolutist
• Obscurantist

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• UNDERSTANDING
• OUR
• CONSTITUTION

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DEFINITION OF CONSTITUTION

• A body of fundamental laws and principles
  according to which a state / organization is
  governed. A constitution determines the
  organization of a government, the function and
  power of the government in general, its
  subdivisions and officers and how these
  functions and powers are to be exercised.

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ISMAILI CONSTITUTIONS-1

• 1905, first constitution was given by Imam Sultan
  Muhammad Shah (s.a.) which was later revised in
  1926.
• 1962, Mawlana Hazar Imam gave constitution to
  the Jamats of Africa
• 12 August 1962, constitution was given to
  Pakistan Jamat.

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ISMAILI CONSTITUTIONS-2

• 1967, constitution was given to the Jamat of
  India.
• 13 December 1986, new constitution given by
  Mawlana Hazar Imam to Jamat worldwide .
• 11 July 1998, current constitution was revised by
  Mawlana Hazar Imam.

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TALIQA MUBARAK-1

• On the 13th of December, I will ordain a new
  Ismaili Constitution, which will be known as The
  Constitution of the Shia Imami Ismaili Muslims.
  The Ismaili constitution will be applicable
  throughout the world, linking all members of My
  Jamat wherever to the Imamat.
  
• (December 10, 1986)

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TALIQA MUBARAK-2

• I have also taken account of recent significant
  developments such as the increasingly
  international dimension of the Jamats
  settlement, and specially my aspiration for the
  Jamat to play an even more active part than in
  the past in the mainstream of life in the
  societies in which it lives. (December 10, 1986)

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TALIQA MUBARAK-3

• It is my belief that the Ismaili Constitution
  will provide a strong institutional and
  organizational framework through which My Jamat
  will be able to contribute to the harmonious
  development of the Ummah and of the societies in
  which the Jamat lives.
• (December 10, 1986)

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TALIQA MUBARAK-4

• I hope that the Ismaili Constitution will
  become an enabling document for all my spiritual
  children for an active role in institution
  building, for creative application of their
  abilities, for personal development and for
  intellectual and spiritual satisfaction.
• (December 10, 1986)

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TALIQA MUBARAK-5

• The Ismaili Constitution recognizes and
  addresses many of the Jamats present and future
  needs, but it is to be expected that some
  adjustment will need to be made in the practical
  application of the Constitution to meet local
  circumstances. These adjustments will be made on
  a case by case basis, in the Rules and
  Regulations, which will be provided in respect of
  each country.
• (December 10, 1986)

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TALIQA MUBARAK-6

• I am confident that the Ismaili Constitution
  will give stronger integrated identity to My
  Jamat worldwide, and that in abiding by it in
  letter and spirit, the Jamat will achieve greater
  peace, unity, happiness, security and wellbeing.
  
• (December 10, 1986)

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ACCESS TO THE CONSTITUTION

• Announcement made at the time of promulgating
  the constitution in 1986
• After the Rules and Regulations have been
  sanctioned and all parts of the constitution have
  come into force, copies of the constitution,
  incorporating the relevant Rules and Regulations
  for each country will be freely available to
  members of the Jamat.

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PREAMBLE - 1

• (A) The Shia Imami Ismaili Muslims affirm the
  shahadah la ilaha illa-llah, Muhammadur
  rasulu-llah, the Tawhid therein and that the Holy
  Prophet Muhammad (s.a.s.) is the last and final
  Prophet of Allah. Islam, as revealed in the Holy
  Quran, is the final message of Allah to mankind,
  and is universal and eternal. The Holy Prophet
  (s.a.s.) through the divine revelation from Allah
  prescribed rules governing spiritual and temporal
  matters.

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SALIENT POINTS

• Tawhid-unity of Allah, Suratul ikhlas
• He is beyond all attributes, and is
  Incomprehensible
• Finality of Prophethood-khatamun-nabiyyin
• Quran, final message of Allah to mankind,
  universal and eternal.
• The Prophet prescribed rules for spiritual and
  temporal matters (Shariah)

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PREAMBLE - 2

• (B) In accordance with Shia doctrine,
  tradition, and interpretation of history, the
  Holy Prophet (s.a.s.) designated and appointed
  his cousin and son-in-law Hazrat Mawlana Ali
  Amiru-l-Muminin (a.s), to be the first Imam to
  continue the Tawil and Talim of Allahs final
  message and to guide the murids, and proclaimed
  that the Imamat should continue by heredity
  through Hazrat Mawlana Ali (a.s) and his daughter
  Hazrat Bibi Fatimat-az-Zahra, Khatun-i-Jannat
  (a.s).

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SALIENT POINTS

• Prophet appointed Ali (a.s.) as successor
• To continue Tawil and Talim
• To guide the murids
• Imamat to continue by heredity in his progeny
• Spiritual and temporal authority of the Prophet.
  The spiritual continued with the Imamat.

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PREAMBLE - 3

• (C) Succession of Imamat is by way of Nass, it
  being the absolute prerogative of the Imam of the
  time to appoint his successor from amongst any of
  his male descendents whether they be sons or
  remoter issue.

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SALIENT POINTS

• Appointment of Imam
• Meaning of Nass
• (Verb to lay down, fix, stipulate, appoint,
  provide, determine etc.
• Noun text, wording, version, expression,
  provision etc.
• Direct male descendent

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PREAMBLE - 4

• (D) The authority of the Imam in the Ismaili
  Tariqah is testified by Bayah by the murid to
  the Imam which is the act of acceptance by the
  murid of the permanent spiritual bond between the
  Imam and the murid. This allegiance unites all
  Ismaili Muslims worldwide in their loyalty,
  devotion and obedience to the Imam within the
  Islamic concept of universal brotherhood. It is
  distinct from the allegiance of the individual
  murid to his land of abode.

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SALIENT POINTS

• Meaning of Bayah (contract, buying and selling,
  giving allegiance)
• An old tradition in Islam, based in the Quran
• Acceptance of the authority of Imam
• Meaning of murid (eager, hopeful, follower,
  disciple, devotee, obedient)

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PREAMBLE - 5

• (E) From the time of the Imamat of Hazrat
  Mawlana Ali (a.s), the Imams of the Ismaili
  Muslims have ruled over territories and peoples
  in various areas of the world at different
  periods of history and, in accordance with the
  needs of the time, have given rules of conduct
  and constitution in conformity with the Islamic
  concepts of unity, brotherhood, justice,
  tolerance and goodwill.

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PREAMBLE - 6

• (F) Historically and in accordance with Ismaili
  tradition, the Imam of the time is concerned with
  spiritual advancement as well as improvement of
  the quality of life of his murids. The imams
  talim lights the murids path to spiritual
  enlightenment and vision. In temporal matters,
  the Imam guides the murids, and motivates them to
  develop their potential.

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SALIENT POINTS

• Worldly and spiritual development of murids
• Imams talim lights the path to spiritual
  enlightenment
• Guidance in temporal matters and motivate to
  improve their potential.

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PREAMBLE - 7

• (G) Mawlana Hazar Imam Shah Karim al Hussaini,
  His Highness Prince Aga Khan, in direct lineal
  descent from the Holy Prophet (s.a.s.) through
  Hazrat Mawlana Ali (a.s.) and Hazrat Bibi Fatima
  (a.s), is the Forty-Ninth Imam of the Ismaili
  Muslims.

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PREAMBLE - 8

• (H) By virtue of his office and in accordance
  with the faith and belief of the Ismaili Muslims,
  the Imam enjoys full authority of governance over
  and in respect of all religious and Jamati
  matters of the Ismaili Muslims.

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PREAMBLE - 9

• (I) It is the desire and Hidayat of Mawlana
  Hazar Imam that the constitutions presently
  applicable to the Ismaili Muslims in different
  countries be superseded and that the Ismaili
  Muslims worldwide be given this constitution in
  order better to secure their peace and unity,

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PREAMBLE 9 CONTINUE

• religious and social welfare, to foster fruitful
  collaboration between different peoples, to
  optimise the use of resources, and to enable the
  Ismaili Muslims to make a valid and meaningful
  contribution to the improvement of the quality of
  life of the Ummah and the societies in which they
  live.

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ARTICLE-1

• 1.1 Power and authority of Mawlana Hazar Imam.
• Mawlana Hazar Imam has inherent right and
  absolute and unfettered power and authority over
  and in respect of all religious and Jamati
  matters of the Ismailis

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ARTICLE-1

• 1.2 Mawlana Hazar Imam has the sole authority
  to
• a. Determine all questions that may arise as
  regards the meaning and interpretation of any
  religious or Jamati tradition or custom of the
  Ismailis and amend or discontinue it at any time
• b. Confer a constitution on the Jamat and amend
  or discontinue any such constitution or any
  provision thereof

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ARTICLE-1

• c. Determine all questions that may arise as
  regards the meaning and interpretation of any
  such constitution and grant dispensation
  therefrom
• d. Constitute or discontinue any body or
  organisation under any such constitution and
  define or change its composition, functions,
  jurisdiction or powers

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ARTICLE-1

• e. Constitute or discontinue offices under any
  such constitution, make appointments to any such
  office and terminate such appointments which
  shall all be held at Mawlana Hazar Imams
  pleasure and
• f. Prescribe the rules and regulations to be made
  under this constitution.

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