| The word constitution is derived from the Latin | | | | directed the affairs of four Regional Council for |
| constituere means an action of decreeing or ordaining. | | | | Maharashtra, Gujrat, southern India and eastern India. |
| According to The Oxford English Dictionary (London, | | | | At the bottom of the hierarchy, there were 28 Local |
| 1933, 2:876), "It is a decree, ordinance, law, regulation | | | | Councils in India, for south Bombay, north Bombay, |
| usually one made by a superior authority, civil or | | | | Jamnagar, Kutchh, Surat, Hyderabad, and so forth. |
| ecclesiastical." In the broad sense, a Constitution is a | | | | On March 21, 1968, a third Constitution was |
| body of rules governing the affairs of an organized | | | | promulgated in India. During his visit to India, the |
| group. | | | | Imam said on February 23, 1969 in Bombay that, |
| It is within the core of the Ismaili doctrine that the | | | | "Last year a new Constitution was introduced for my |
| Imam guides his followers according to the | | | | jamat of India. Many of you may not know that the |
| developing conditions of time and society. This | | | | earlier Constitution was dated 1946, that is for 22 |
| outlook is what made Ismailism fluid. Earlier, the | | | | years, our jamat implemented the same Constitution. |
| traditional council, known as justi dealt the community | | | | It was my view, and it is my view, that |
| affairs on good faith. Imam Sultan Muhammad Shah | | | | circumstances have changed sufficiently so that a |
| formed The First Ismailia Committee in 1900 in | | | | new Constitution should be introduced. If I have seen |
| Karachi with a set of rules and abolished the working | | | | fit to introduce a new Constitution in 1968, this |
| of the justi. The founder members of the Committee | | | | means that I may see fit to introduce a new |
| were Varas Ibrahim, Varas Basaria, Mukhi Muhammad | | | | Constitution in 1970, or 72, or 74. This means that no |
| Ali, Ali Ghulmani, Kamadia Rahmatullah Lutf Ali, | | | | Constitution for our jamat is a firm, solid, immovable |
| Kamadia Talab, Mukhi Hashuani, Mukhi Ramzan, Ali | | | | document. It is a document, which is created to |
| Muhammad, Asani, Fakir Muhammad, Wali Muhammad | | | | assist the jamat to administer its affairs satisfactorily |
| and Mukhi Muhammad Ladha Sajan. Finally, the first | | | | and in keeping with the times. Thus, I wish my |
| Ismaili Council in Bombay, comprised of 20 members, | | | | spiritual children to understand that if through the |
| came into existence on April 9, 1906 with Varas | | | | implementation of this Constitution, it is found that |
| Ibrahim Muhammad Rawjee (1862-1911) as its first | | | | certain matters could be better pharsed, could be |
| President and Alijah Ahmed Devji (1859-1925) as a | | | | amended, could be improved, the Constitution will be |
| Hon. Secretary. Varas Ibrahim Muhammad Rawjee | | | | continuously amended. The Constitution of our jamat |
| ordained the Constitution of the Ismaili Council on | | | | here in India, like in East Africa, like in Pakistan, is a |
| March 4, 1910, whose draft was a splendid testimonial | | | | living document and where it is not in keeping with |
| to his scholarly mind. Thus, the Constitutions for | | | | the tradition of the jamat, or in keeping with what |
| different areas of India with certain variations were | | | | the times require, amendment will be introduced." |
| prepared. It was confined to the workings of the | | | | The Constitutions of East Africa, Pakistan and India |
| Ismaili Councils in different areas, but was a | | | | were alike in spirit, but differed in several points |
| milestone, which sought to lay the foundation of the | | | | according to the different circumstances prevalent in |
| progress of the community. The Ismaili Council was a | | | | these countries. This was explained by the Present |
| peculiar mixture of a semi-judicial and semi-arbitration | | | | Imam upon his sanctioning The Constitution of the |
| body. It was a judicial forum because its aim was to | | | | Councils and Jamats of Shi'a Imami Ismaili Muslims of |
| do justice. It was a arbitration board in the sense | | | | Pakistan that, "Look to the spirit and not the letter |
| that it tried to give quick justice without stress of | | | | of the Constitution." |
| techanicalities and formalities. | | | | On July 11, 1977, a Syrian delegation led by President |
| In Africa, it would appears from a Civil Case no, 89 | | | | al-Haek of the Syrian Council visited France. The |
| of 1894 in Zanzibar, vide Zanzibar Protectorate Law | | | | Imam gave them a special message for the Syrian |
| Reports (London, 1919, p. 46) by William Murison and | | | | jamat, in which the Imam said, "On the occasion of |
| S.S. Abrahams that adjudication of communual | | | | Imamate Day, I will be introducing for formal |
| disputes rested in the hands of a traditional council | | | | application from now onwards, a new Constitution for |
| (justi) of elders, who were considered authoritative | | | | my jamat in Syria. I believe this Constitution will assist |
| as to the Ismaili customs. Imam Sultan Muhammad | | | | in improving the administration of my jamat." |
| Shah was reported the need of the community rules | | | | The New Constitution of 1986 |
| during his first East African visit in 1899. On his | | | | The Ismailis are spread in all over the world in |
| second visit to East Africa, the Imam issued the first | | | | different culture and society, and a need arose to |
| Ismaili Constitution on September 9, 1905 - a set of | | | | ordain one universal Constitution applicable in common |
| written rules and regulations, known as The Rules of | | | | for all the Ismailis to improve the organizational |
| the Shi'a Imamia Councils of the Continent of Africa. | | | | structure of the institutions. In March, 1964, the |
| The Imam said, "I have framed rules and regulations | | | | Imam formed a Constitution Review Committee |
| for you, which are the token of my memory. If you | | | | (CRC) under Wazir Anil Ishani (Convenor) with the |
| follow it, you will acquire great benefit. I entrusted | | | | members, Wazir Mohammad Jaffar, Wazir Ashiqali |
| you these rules and regulations behind me as if my | | | | Hussain, Wazir Abdul Mohammad Furniturewala, Wazir |
| tongue, so follow it. If you violate the rules, it will | | | | Amirali Rahimtoola, Wazir Zaher Ahmed, Wazir Amir |
| mean you have cut my tongue" (Zanzibar, 17/9 | | | | Bhatia, Wazir Zool Nimji and Huzur Mukhi Mahmood |
| 1905). This Constitution foresaw a new administrative | | | | Ahmed. The CRC started its working in April, 1984 |
| organization in the form of a hierarchy of councils; it | | | | with a number of field visits in different countries. It |
| also established rules for governing the personal | | | | submitted reports of its working regularly to the |
| relation in the community, especially with respect to | | | | Imam after firs discussing them with the jamati |
| marriage, divorce and inheritance. With the | | | | leaders and group of the Imam's secretariat at |
| Constitution of 1905, the Ismaili community had | | | | Aiglemont. CRC had ten meetings with the Imam, |
| proved itself capable of providing stability in the midst | | | | culminating on December 13, 1986, the 50th Salgirah |
| of an ever-changing and progressive community. | | | | of the Imam with the ordaining ceremony at |
| Around the same time, the first Ismaili Council was | | | | Merimont, Imam's secretariat in Geneva. The |
| founded in Zanzibar. This Constitution was not | | | | members of the Imam's family, including Begum |
| published in printed form until 1922 when it appeared | | | | Salimah, Princess Tajudawla, Mata Salamat, Prince |
| in English and Gujrati, then in Germany. By the early | | | | Amyn Muhammad and Princess Zahra were present |
| 1920s, new centers of economic activity had | | | | in Geneva during this historical ceremony. The |
| appeared on mainland East Africa, where the Ismailis | | | | members of CRC and those members from the |
| had gradually moved. Having lost its importance as | | | | secretariat at Aiglemont also participated. At 11.00 |
| the main commercial center of the region, Zanzibar | | | | a.m., the Imam ordained, signed and sealed The |
| had also ceased to be the seat of the Ismaili | | | | Constitution of the Shi'a Imami Ismaili Muslims. |
| community. It was in recognition of these changes, | | | | Before the ceremony, the Imam sent his message to |
| the Imam revised the first Constitution in 1914, 1925 | | | | the jamat on December 10, 1986, and said, "On the |
| and 1937, instituting separate central councils in the | | | | 13th December, I will ordain a new Ismaili |
| three territories of Tanganyika, Kenya and Uganda. | | | | Constitution, which will be known as The Constitution |
| The original council in Zanzibar continued for some | | | | of the Shi'a Imami Ismaili Muslims. The Ismaili |
| time to co-ordinate the activities of the Territorial | | | | Constitution will be applicable throughout the world, |
| Councils in matters of common interest. These | | | | linking all members of my jamat wherever they are |
| central functions were later delegated to a Supreme | | | | to the Imamate. Islam is a community of faith and |
| Council, separate from the council in Zanzibar. During | | | | throughout the 1400 years of our history, our jamat |
| the final three decades of the Imam's Imamate, the | | | | has lived by the rules and practice of our tariqah as a |
| hierarchical system of councils, with its subsidiary | | | | frontierless brotherhood of men and women. The |
| bodies, was further developed on the basis of | | | | permanent bond, linking the murid to the Imam and |
| periodical revisions of the Constitution for the East | | | | subsisting irrespective of the geographical location of |
| African jamats; the revision occurring in 1937 with the | | | | the individual murid, has been and will continue to |
| formation of the Executive Council for Africa, Ismailia | | | | remain the cornerstone of our jamat's identity. In our |
| Supreme Council for Africa, Provincial and Local | | | | tariqah, the Imam of the Time has always concerned |
| Councils. It was further revised in 1946 under the title | | | | himself with the spiritual advancement as well as with |
| of Constitution, Rules and Regulations of His Highness | | | | the improvement of the quality of life of the jamat. |
| the Aga Khan Ismailia Councils for Africa. The | | | | In this century, in accordance with the needs of the |
| Constitution was again revised in 1954 after the | | | | time, my grandfather gave during his Imamate, and I |
| Imam had called a special conference of the East | | | | have given in the past 30 years, Constitutions to the |
| African councilors at Evian in July, 1952 for making | | | | jamat in different areas of the world. The ordaining |
| necessary amendments in the existing Constitution of | | | | of this Constitution has been preceded by detailed |
| the councils. It however remained in force until 1962 | | | | examination of the existing separate Constitutions of |
| when they all were revoked and replaced by The | | | | the jamat, all of which will be superseded, when the |
| Constitution of the Shi'a Imami Ismailis in Africa. This | | | | Rules and Regulations applicable to the respective |
| Constitution was ordained on the 26th of June, 1962 | | | | countries come into force. I have recognized that in |
| and came into operation on the 11th of July of the | | | | view of the change in the demography of the jamat, |
| same year. It remained operative for 25 years. | | | | it is necessary to establish new councils and for the |
| Accordingly, the administrative hierarchy was headed, | | | | same reason to discontinue others. This has been |
| after the Imam, by a Supreme Council for Africa, an | | | | done. In providing the new Constitutional structure, I |
| international body that directed, supervised and | | | | have also taken account of recent significant |
| co-ordinated the activities of the three Territorial | | | | developments, such as the increasingly international |
| Councils. The Supreme Council, with its changing | | | | dimension of the jamat's settlement and especially |
| headquarters in Nairobi and other major cities of East | | | | my aspiration for the jamat to play an even more |
| Africa, was also empowered to act as judicial tribunal | | | | active part than in the past in the mainstream of life |
| of the second degree, the highest judicial authority | | | | in the societies in which it lives." The Imam also said, |
| being the Imam himself. The 1962 Constitution also | | | | "It is my belief that the Ismaili Constitution will |
| established an Executive Council for Africa with the | | | | provide a strong institutional and organizational |
| main function of allocating funds to various | | | | framework through which my jamat will be able to |
| organizations. It was once again amended in 1974 to | | | | contribute to the harmonies development of the |
| meet the new demands in the society. The | | | | ummah and of the societies in which the jamat lives." |
| constitutional revision was more than anything else an | | | | Besides, the Imam said, "The Ismaili Constitution |
| attempt to coordinate local interests as the Ismaili | | | | recognizes and addresses many of the jamat's |
| society became more complex. | | | | present and future needs, but it is to be expected |
| When India was partitioned in 1947, a separate but | | | | that some adjustment will need to be made in the |
| still similar Constitution and council system was | | | | practical application of the Constitution to meet local |
| developed for Pakistan. On March 21, 1961, the | | | | circumstances. These adjustment will be made on a |
| Ismailia Federal Council for Pakistan came into | | | | case by case basis, in the rules and regulations which |
| existence. Another Constitution was put into effect | | | | will be provided in respect of each country. I am |
| for the Ismailis of Pakistan on July 11, 1962.. On the | | | | confident that the Ismaili Constitution will give |
| basis of the Constitution of 1962 for Pakistan, each | | | | stronger integrated identity to my jamat worldwide, |
| Supreme Council was responsible for supervising the | | | | and that in abiding by it in letter and spirit, the jamat |
| activities of some of the 23 Divisional. District and | | | | will achieve greater peace, unity, happiness, security |
| Local Councils throughout the country. | | | | and well-being. |
| In India, the Federal Council, located at Bombay | | | | |