1 1My thanks go to Professor Azim Nanji and Dr Farhad Daftary for reviewing earlier drafts of this paper, and to Dr Karim Janmohamed for his advice and help with sources. Naturally, any errors that remain are my responsibility alone.
There is, however, a very good study by Sir Norman Anderson of Ismaili law in the East African context of the 1960s. See J.N.D. Anderson, "The Ismaili Khojas of East Africa: a new Constitution and Personal Law for the Community", MiddleEasternStudies, vol. 1, no. 1, 1964, pp. 21-39. For studies on medieval Ismaili law see, for example: Ismail Poonawala, "Al-Qadi al Nu'man and Ismaili jurisprudence", in E Daftary, MediaevalIsma'iliHistoryandThought, Cambridge, Cambridge University Press, 1996; Bayard Dodge, "The Fatimid Legal Code" MuslimWorld, vol. 50, 1960, pp. 30-38; Wilferd Madelung, "The Sources of Isma'ili Law", Journalof NearEasternStudies, vol. 35, 1976, pp. 29-39.
2 Farhad Daftary, AShortHistoryof theIsmailis, Edinburgh, Edinburgh University Press, 1998, p. 64. 3 Farhad Daftary, TheIsmailis:Their HistoryandTraditions, Cambridge, Cambridge University Press, 1990, p. 249. Daftary gives the Qadi's full name as Abu Hanifa al- Nu'man b. Muhammad b. Mansur b. Ahmad b. Hayyun al-Tamimi aI-Maghribi, but see A.A.A. Fyzee "Qadi Nu'man: the Fatimid jurist and author", Journalof theRoyalAsiaticSociety, 1934, pp. 1-32, notes 4 and 5, on the nisba of the Qadi. 4 See Fyzee, op.ctt., p. 22, and Poonawala, op.cit., p. 119.
5 See Madelung, op.cit., p. 32; Poonawala, op.cit., and Ismail Poonawala, "A Reconsideration of Qadi Nu'man's madhab",BSOAS, vol. 37, 1974, pp. 572-579. 6 Cited in Dodge, op.cit., p. 32. 7 Daftary, TheIsmailis,op.cit., p. 253. 8 There is some scholarly debate on what the Fatimids added to the "Pillars". Vatikiosis argues that the Fatimids added only one principle to the Sunni formulation, that of walaya, for a total of six. (Incidentally, Vatikiosis counts jihad as the fifth pillar, rather than the more generally and widely accepted shahada. ) However, Dodge, argues that two principles were added -malalya and tahara (purification). Daftary includes jihad as well but also adds malalya and tahara. See P.J. Vatikiosis, TheFatimidTheoryofState, Lahore, Orietalia Publishers, 1957, p. 70, Dodge op.cit., p. 31 and Daftary, TheIsmailis,op.cit.,p. 250. 9 Vatikiosis, ibid., p. 70. Vatikiosis gives a very good account of the development of Fatimid law and its link to Fatimid doctrine more generally.
10 See Al-Mawardi, TheOrdinancesofGovernment(Al-Akhamal-Sultaniyyaw'al-Wilayat al-Diniyya), trans. Wafaa H. Wahba, Reading, UK, Garnet, 1996.
�1 M.G.S. Hodgson, "The Isma'ili State", in TheCambridgeHistoryoflran, Cambridge, Cambridge University Press, 1968, vol. 5, pp. 422-482.
13 Shirin R. Walji, AHistoryof theIsmailisCommunityinTanzania (unpublished Ph.D. thesis) (University of Wisconsin, Madison, 1974). Walji states that the 1905 constitution was revised in 1925, 1937, 1946 and 1962. There was also a revision in 1977, after the
cont. completion of her work. It also seems there was a revision in 1954, at least for the community in Africa (viz., the article of J.N.D Anderson cited above). In addition, certain further, albeit minor, amendments were made in 1964, although these did not occasion the promulgation of a new revised constitution. See TheConstitution,RulesandRegulationsof HisHighntsstheAgaKhanShiaImamIrmailiaCouncilsaf Africa, His Highness the Aga Khan Shia Imam Ismailia Federal Council for Africa: Mombasa, December 1954, and TheConstitutionof theShiaImamiIsmailisinEurope,CanadaandtheUnitedStatesofAmerica, His Highness the Aga Khan Shia Imami Ismaili Supreme Council for Europe, Canada and the USA: Nairobi, 1977. 14 TheConstitutionof theShiaImamiIsmailisinEurope,CanadaandtheUnitedStatesofAmerica,op.cit., Part I.
ls For this and the above quotation see TheConstitutionof theShiaImamiIsmailiMuslims (1998).
16 Anderson, op.cit., p. 23. 17 This is an obvious point to anyone familiar with Islamic history, but one can see generally on this the recent study of Wilferd Madelung, TheSucesriantoMuhammad:AStudyoftheEarlyCaliphatt, Cambridge University Press, Cambridge, 1997.