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'File 2/5 II SHAIKH’S DATE GARDENS' [‎66r] (136/420)

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The record is made up of 1 volume (206 folios). It was created in 14 Jun 1915-27 Jul 1933. It was written in English and Arabic. 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. .

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(2)
f
Shaikh of Kuwai t.
You asked me to note on Mr. Hall’s letter below
(T5 600/308/93).
(1) Does the Iraq Constitution •provide a m e ans for
estop~ping the Yaddaghiyah suit ?
'"'he difficulty is that Sir Henry Dobbs’ registration
was not done in accordance v/ith the law which he himself
was administrating (i.e. the old Ottoman m apu Law) and on
his own admission (vide the terms of his letter to the
Shaikh of Kuwait dated the 14th June 1915) 0 As pointed out
7 I>in our despatch Ho. 43 of 19th January, had this registra
tion fcmra subsequently been validated by an Army CommanderJ
proclamation, all would have been well; for Article 114 of
&9Dtx the Constitution would apply and the validating
proclamation would be a part 6f the Iraqi corpus juris.
But if, as it seems, Sir Henry’s act was ultra vires at
the time, it remains ultra vires, since nothing has
been done to remove the taint and the Court would be bound
to upset the registration.
'The wording of the last sentence of Article 115 of
the Constitution quoted by Mr. Hall is certainly wide, but
to what acts do they refer?
The Hollowing:
(a) the suppression of hostilities;
(b) the establishment and consolidation of order
and public security;
(c) the carrying out of orders issued in accord
ance with martial law between 5th November
1914 and the date of the coming into force
of the Constitution.
Could ♦he above properly cover the establishment of a
psrivate proprietarv title? I think not.

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Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the court suit raised in Basra Court by members of al-Zuhair family complaining against the Ruler of Kuwait. The suit in question concerns a portion of the Shaikh’s Faddaghiya estate on Shatt al-Arab, and the Bashiya land to which members of al-Zuhair family lays claim to. According to the reports, the Faddaghiya estate was owned by Aisha, wife of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair. Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. sold the estate to Shaikh Mubarak of Kuwait although he did not hold a Power of Attorney from his wife at the time of the sale, in 1914.

The Iraqi Government had requested via the British Embassy, Baghdad, for the Shaikh of Kuwait to submit to the Basra Court certain documents related to the case including a copy of Power of Attorney to prove the right of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair to proceed with the selling.

The volume includes a sketch map of the Faddaghiya estate with explanatory notes (ff 94-97). It also includes minutes of a meeting which was held at the Foreign Office in London to discuss issues related to the date gardens and the court suits. The correspondence contains reports that the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. on the Faw estate have started refusing to pay rent and were committing acts of sabotage. The Shaikh in turn argued that the British Government’s procrastination had caused him further troubles. Among the correspondents in the volume are the 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. , Bushire, and the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kuwait.

The volume’s core correspondence covers the years 1932 and 1933. The earlier start date given to the volume is a result of correspondence between Sir Henry Dobbs, Revenue Commissioner, Basra, and Abdul Aziz al-Salim Al-Badr, Agent of the Shaikh of Kuwait in Basra (ff 23-25), which is dated 14 June 1915. The correspondence includes the details of the Tapu dead registration granted to the Shaikh of Kuwait.

Extent and format
1 volume (206 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear of the volume.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 208; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Two additional foliation sequences are also present in parallel between ff 6-203, and ff 139-203; these numbers are also written in pencil, but are not circled.

Written in
English and Arabic in Latin and Arabic script
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'File 2/5 II SHAIKH’S DATE GARDENS' [‎66r] (136/420), British Library: India Office Records and Private Papers, IOR/R/15/5/141, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044749187.0x000089> [accessed 29 March 2024]

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