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Case file s1619 · Islamic and Persian empires · 1866
1866
Aga Khan I: l'Imam degli Ismailiti Aga Khan I (1817-81)
Aga Khan I. David Pitney. Public domain, Wikimedia Commons.
Died
12 November 1866 (judgment); Aga Khan I died April 1881
Place
Bombay (Mumbai), India
Field
Nizari Ismaili imamate; community property · Religion on the timeline
Legal tradition
English law in the Bombay High Court; caste custom against Islamic inheritance law · Common law · Islamic law
Historical event
British India after the Government of India Act 1858

Bombay Khoja dissidents sued the first Aga Khan for control of the community's funds, and a British judge ruled in 1866 that he was their hereditary imam

Hasan Ali Shah received the title Aga Khan from the Shah of Persia in 1818 and governed Kerman. He revolted in 1838, lost, fled to India, helped the British in the First Afghan War and the conquest of Sindh, and was given a pension. He settled in Bombay, where the Khoja community followed him. In 1847 an inheritance dispute between two Khoja brothers reached the court: the Khoja leaders argued caste custom, the other side Quranic law, and Sir Erskine Perry ruled for the leaders†. By 1851 the community had split. In 1861 the Aga Khan asked Khojas to sign a document affirming Nizari beliefs and loyalty to him. In 1866 dissidents sued. They argued the Khojas were Sunni Muslims and asked the court to take an accounting of the community's property, put it under court supervision, hold elections, and bar the Aga Khan from demanding payments or excommunicating members. After a 25-day trial in which the Aga Khan testified, Justice Sir Joseph Arnould ruled on 12 November 1866 that the Khojas were Shia Ismailis, that the Aga Khan was their rightful leader, and that they had long made payments to him and his ancestors†. Britannica records that he won his case on control of the community's funds. Aga Khan I died in April 1881.

What the law took from it

Whether a community's money belongs to its members or its leader can turn on a court's finding about what the community believes.

Sources
  1. Encyclopaedia BritannicaScholarship
  2. Wikipedia (English)Encyclopedia

Cite as: celebrity.estate, “Bombay Khoja dissidents sued the first Aga Khan for control of the community's funds, and a British judge ruled in 1866 that he was their hereditary imam,” story s1619, https://www.celebrity.estate/aga-khan-case-1866-1866, updated 30 October 2026.

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