Disciplinary Action Article 14 of Ismaili Constitution

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swamidada_2
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Disciplinary Action Article 14 of Ismaili Constitution

Post by swamidada_2 »

Article Fourteen DISCIPLINARY ACTION
14.1 Any Ismaili shall be liable to disciplinary action who:

(a) subjects to contempt or ridicule the Holy Quran, the Holy Prophet, the Ahl-al-Bayt, Mawlana Hazar Imam, this Constitution, any Rules and Regulations, any Farman, or any Ismaili religious literature or any rite or practice;

(b) engages in activity aimed at creating unnecessary conflict between any of the tariqahs of Islam or between Islam and other religions;

(c) without the permission in writing of the National Council obtained through the Regional Council within whose jurisdiction he resides, prints, publishes, or circulates any material or makes any statement or convenes a meeting or assembly purporting to be on behalf of or in the name of or relating to Mawlana Hazar Imam, the Ismaili Tariqah, the jamat, any Council or any other Ismaili institution;

(d) conducts himself in a manner likely to offend the religious sentiments of the jamat, or to cause disaffection in the jamat, or to create disturbance or nuisance in any jamatkhana or any assembly of the jamat, or acts in any other manner prejudicial to the dignity or prestige of the jamat;

(e) disregards any order made by a Council in accordance with this Constitution or any Rules and Regulations or fails to appear without just cause when requested to appear before a Council or Board; and

(f) commits a breach of this Constitution or any Rules and Regulations or aids or abets any person to contravene any provision of this Constitution or any Rules and Regulations.

14.2 Proceedings for disciplinary action against any Ismaili shall be commenced upon a complaint lodged by:

(a) any member of a Council authorized in that behalf by the Council; or

(b) any Ismaili.

A complaint shall be lodged with such Regional Conciliation and Arbitration Board or, if none, then such National Conciliation and Arbitration Board within whose jurisdiction the respondent is resident at the time of the alleged contravention.

14.3 If the matters alleged in the complaint are established, the Regional Conciliation and Arbitration Board or the National Conciliation and Arbitration Board may make one or more of the following orders:

(a) order the offender to be conditionally or absolutely discharged;

(b) order the offender to observe or perform any religious rites;

(c) order the offender to pay compensation to any aggrieved party;

(d) order temporary exclusion of the offender from jamatkhana for such period as the Conciliation and Arbitration Board may deter-mine;

(e) order that any Order made by it under this Article be announced by the National Council in the jamatkhanas under its jurisdiction; and

(f) recommend to the National Council to order the offender to be expelled from the jamat.

14.4 Before pronouncing an order of expulsion, the National Council shall cause to be served upon the offender a notice requiring him to appear before the Council, if he wishes to make any representations in mitigation.

14.5 The National Council shall hear the offender if he appears, and shall

thereafter:

(a) pronounce the order of expulsion;

(b) discharge the offender absolutely or conditionally; or

(c) substitute one or more of the other orders set out in Article 14.3.

14.6 The order of expulsion shall have binding effect worldwide and shall be announced in all jamatkhanas under the jurisdiction of the National Council, provided however, the National Council may for good and sufficient reason decide that it would be useful or desirable also to announce the said order in jamatkhanas in other parts of the world.

14.7 The order of expulsion shall be announced:

(a) immediately after the time limited for giving of notice of intention to present an appeal has expired; or

(b) if such a notice has been presented, immediately after the decision on appeal, if rejected.

14.8 If a person who has been expelled dies without having embraced any other religion, his burial and funeral rites may be performed in accordance with the Ismaili Tariqah.

14.9 If a person who has been expelled wishes to be re-admitted to the jamat, he shall make a written application to the National Council within whose jurisdiction he resides. The Council may require him to appear before it, and may refuse or grant the application subject to such terms and conditions as it may deem necessary
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Post by Admin »

There is no need to repeat and create one section for each article of the constitution.

If you have a specific point whch has not been covered in the Forum, you can open a new thread.
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