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'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [183r] (376/1904)
The record is made up of Four volumes. It was created in 1871-1911. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
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46
Appendix 12,
Question (A).
As put to the Members of
In the name of God, the Merciful, the Compassionate.
To the illustrious presence oi the distinguished ulemas (priests) and venerable lawyers.
May God multiply the like of them !
What do you say in regard to and of a lease, which has been given, according to
the following copy, by certain party to another, and in which no specification of the
period has been made and also no legal formula lias been pronounced ? Can such a lease
be considered proved and binding and accepted according to Shera law ?
It is requested that you will write the true position in accordance with the
precepts of the holy law of Islam, and adorn it and seal it with your august seal.
Please explain and be rewarded, your reward being with God.
[Here follows imaginary deed of lease in similar terms to that of which a translation
is given in Annex 29 to Second German Memorandum.]
Opinions of Clergy in (a).
1. In the name of God, the Merciful and Compassionate.
Reply. —And God is the guide to what is right. The lease will not be valid
without proposal and acceptance by legal formula and without the specification of a
fixed period. And God knows more.
Written by Ibrahim-bin-Abdullah.
( L - s -)
{Note. —Chief Sunni Mullah of Bushire.)
2. In the name of God, the Merciful, the Compassionate.
According to the question, this lease is null and void.
Written by Mohamed Ali Al-i-Osfoor.
(L.S.) Confident in God the Bounteous. His slave, Mohamed
Ali-bin-Muhammad Taki.
{Note. —Imam Juma, the official High Priest of Bushire.)
3. In the name of God, the Merciful, the Compassionate.
Amongst the conditions for the validity of a lease are the specifications and record
of the period of the lease. Supposing, for instance, he were to say, " I have let the
house at the rate of 1
toman
10,000 Persian dinars, or a gold coin of that value.
per mensem," such a lease is legally null and void, and if
the lessee says a prayer in such a house the prayer will be futile. And as to this
question there is no difference of opinion between the distinguished ulemas, and God is
aware of His precepts.
Written by the humble Mohamed Ali-el-Moosevi-ed -Dehdasty-en-Nejafi.
(L.S.) The hopeful Mohamed Ali-el-Moosevi.
(Note. —The most venerable Shia Mullah in Bushire.)
4. It should be understood that the conditions for the validity of ^ a lease are six,
oy the absence of any of which six conditions the lease is null and void. The first [is]
the compact, i.e., the proposal and acceptance, intended to indicate the fact of the
assumption of the profit for a fixed period in return for something specific. Secondly,
the legality of the possession. Thirdly, the taking cognizance of the rent or the
measure or weight or number. Fourthly, the specification of the profit by time or by
About this item
- Content
Correspondence includes the originals and annexes of the Abu Musa report of May 1911; Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. material for first British reply; printed copy of 2nd British reply; Hassan Samiyah's complaint. It also includes the printed arguments of the Foreign Office case. Correspondence discusses arguments based on various translations of Persian and Arabic words.
Correspondents include Percy Zachariah Cox, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; Hassan Samaiyah; Robert Wonckhaus; Mr Tigranes Joseph Malcolm; Bahadur Abdul Latif [Abd’al Latif] , Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. Agent, Sharjah.
- Extent and format
- Four volumes
- Arrangement
The file is arranged in four volumes.
- Physical characteristics
Foliation: This file has been split into four parts. The complete foliation sequence, which should be used for referencing, runs across all four parts and consists of a pencil number, enclosed in a circle in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. In each volume the foliation commences on the first folio of writing and concludes on the last. Volume 1 contains folios 1-251, Volume 2 contains folios 252-479. Volume 3 contains folios 480-727. Volume 4 contains folios 728-910.
Foliation anomalies: 478, 478A, 512, 512A, 512B, 512C, 584, 584A, 606, 606A, 640, 640A, 821, 821A, 821B, 821C, 821D, 860, 860A, 865, 865A. Foliation omission: 646.
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Copyright: How to use this content
- Reference
- IOR/R/15/1/259
- Title
- 'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case'
- Pages
- front-a, back-a, spine-a, edge-a, head-a, tail-a, front-a-i, i-r:ii-v, 1r:28v, 32v:33v, 34v:35r, 39r:42v, 49v:51v, 54r:54v, 58r:62v, 64r:66v, 77r, 124r:135r, 136r:143r, 144r:148v, 151v:152r, 154v:155r, 159r:179v, 181v, 182v:185v, 189r, 192r:251v, iii-r:iv-v, back-a-i, front-b, back-b, spine-b, edge-b, head-b, tail-b, front-b-i, v-r:vi-v, 252r:478v, 478ar:478av, 479r:479v, vii-r:viii-v, back-b-i, front-c, back-c, spine-c, edge-c, head-c, tail-c, front-c-i, ix-r:x-v, 480r:484v, 485v, 486v, 487v:499v, 514r:514v, 517r:517v, 520r:523v, 560r:562v, 564r:565v, 567r:569v, 571v:576v, 580r:583v, 584ar:584av, 595r:604r, 604ar:604av, 606ar:606bv, 620r:620v, 630r:635v, 636v, 639r:639v, 640ar:640bv, 642v:643v, 644v:645v, 647v:649v, 650v:674v, 675v, 677v:678v, 679v, 681v:692v, 694v:707v, 709v:710v, 711v, 713v:724v, 726v:727v, xi-r:xii-v, back-c-i, front-d, back-d, spine-d, edge-d, head-d, tail-d, front-d-i, xiii-r:xiv-v, 728v, 730v:735v, 736v:749v, 750v:754v, 755v:772v, 773v, 775v:781v, 782v, 783v:784v, 785v:806v, 808r:808v, 812v, 813v, 816r:818r, 819v:820v, 821ar:821bv, 822r:823v, 825v, 826v:828v, 829v:831v, 832v, 834v, 835v, 836v:838v, 839v:843v, 844v:847v, 850r:850v, 852v:855v, 859r:859v, 860ar:860av, 860r:860v, 865ar:865av, 865r:865v, 866v, 868v:895v, 896v:897v, 899r:899v, 901v:910v, xv-r:xvi-v, back-d-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence