Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution

In 1986, the Aga Khan IV promulgated a global Ismāʿīlī Constitution, which brought the social governance of the Ismāʿīlī community under one umbrella. It was envisioned as a document that could harness the best in individual creativity while creating an ethos of group responsibility. The Ismāʿīlī Constitution provides an example of the way in which … Continue reading Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution

The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation

The Khoja Case, also known as the Aga Khan Case, is one of the rare cases profiling the ShīʿĪ Imāmī Nizārī Ismāʿīlī community (henceforth “Ismāʿīlīs”). Decided in the High Court of Bombay in 1866 by the Honorable Sir Joseph Arnould, this case was brought by a series of Ismāʿīlī plaintiffs who argued that the Ismāʿīlī … Continue reading The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation

The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan

The Asia Bibi case is one of the recent manifestations of the blasphemy laws in Pakistan. The Applicant, Asia Bibi, a Christian woman, was sentenced to death by the trial court after allegedly uttering blasphemous statements against the Prophet Mohamed to fellow Muslim field workers. Despite serious questions regarding the quality of her defense and … Continue reading The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan

The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya

The two cases, Nurani v. Nurani, and TSJ v. SJSR, exemplify the way in which the efficacy of the Ismāʿīlī community’s dispute resolution system is subservient to, and reliant upon its relationship with the modern nation-state. The relationship between the Ismāʿīlī community and the state is especially evident when community members, who initially submit themselves to the jurisdiction of … Continue reading The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya