Aga Khan I - Khoja Reassumption/Dispute

Khoja Reassumption/Dispute

The vast majority of his Khoja Ismaili followers in India welcomed him warmly, but some dissident members, sensing their loss of prestige with the arrival of the Imam, wished to maintain control over communal properties. Because of this, Hasan Ali Shah decided to secure a pledge of loyalty from the members of the community to himself and to the Ismaili form of Islam. Although most of the members of the community signed a document issued by Hasan Ali Shah summarizing the practices of the Ismailis, a group of dissenting Khojas surprisingly asserted that the community had always been Sunni. This group was outcast by the unanimous vote of all the Khojas assembled in Bombay. In 1866, these dissenters filed a suit in the Bombay High Court against Hasan Ali Shah, claiming that the Khojas had been Sunni Muslims from the very beginning. The case, commonly referred to as the Aga Khan Case, was heard by Sir Joseph Arnould. The hearing lasted several weeks, and included testimony from Hasan Ali Shah himself. After reviewing the history of the community, Justice Arnould gave a definitive and detailed judgement against the plaintiffs and in favour of Hasan Ali Shah and other defendants. The judgement was significant in that it legally established the status of the Khojas as a community referred to as Shia Imami Ismailis, and of Hasan Ali Shah as the spiritual head of that community. Hasan Ali Shah's authority thereafter was not seriously challenged again.