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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎627r] (1258/1452)

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The record is made up of 1 volume (721 folios). It was created in 17 Aug 1932-31 Jan 1934. It was written in English and Turkish. 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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signed by Aislia* It was made out by Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. as Zuhair
who stated that he had executed it by virtue of a power
of attorney which he held frcm his wife (Aisha) and which
was attested by the Notary Public at Galata (Constantinople).
3 * Althou^i Shaikh Mubarak had bought
sundry other properties without tie Turks raising objection,
in the case of Fa&daghiyeh, they the Turks at the last
moment, and after the money had passed hands refused to
allow Shaikh Mubarak to take out Tapu papers or allow him to
take possession, unless he registered himself as a Turkish
national. Apparently the Turks angry with Shaikh Mubarak
for having entered into relations with His Majesty’s Govern
ment adopted this course out at revenge pure and simple.
A regular "Cause Celebre ? ' resulted.
Shaikh Mubarak appealed to His Majesty’s Government through
me 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. , Persiai Gulf in two letters written
on 26th Jamad Auwal 1528 and 61h Rajah 1328 (13th July 1910)
and the latter with the authority of His Majesty's Govern- 1
meat instructed the Shaikh not to taka out Turkish national
ity papers^ to have the sale deeds secretly registered in
the British Consulate, Basrah. This was done, Shaikh
Mubarak taking the precaution to get the principal natables
of Basrah to witness the sale deeds. The British Consul
who carried met through the transaction was Mr.Crow,
g On I6tb May 1915 application was made
by the Shaikh of Kuwait’s Agent to Mr.Bobbs, Bevenue
Commissioner, Basrah (later Sir Henry Dobbs, Hi^ Comission-
er for Iraq) for the "Faddaghiyeh" to be registered on the
Tapu Department. Mr.Dobbs after enquiring into the case
ordered on Hth June 1915 that Tapu papers be issued and the
property registered in the name of the Shaikh.
Today (1932) Abdullah Beg al Zuh&ir,
1 i» p— .■ »• * tt * ^ “•
original o.lo Mo*. »» *» tt '
at Basrah, claims that he is entitled to a third portion

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Content

The volume consists of extensive correspondence, memoranda and reports regarding the Faddaghiyeh Estates of the Shaikh of Kuwait, changes made to their tax-exempt status, and lawsuits regarding their ownership.

The records provide details of the lawsuits brought against the Shaikh of Kuwait in the Iraqi courts by the heirs of the previous owners of the Bashiyeh and Faddaghiyeh properties. These rested on claims that the original sales were not correctly registered with the Tapu Department under the old Ottoman Law, as the Shaikh had refused to take out Turkish nationality papers. The file also concerns changes to the tax-exempt status of the date gardens, following the instigation of the Istihlak tax by the Government of Iraq. Questions arose as to whether the Government of Iraq was obligated to guarantee the tax-exempt status originally granted by HM Government ( HMG Her or His Majesty’s Government in London. ), and whether HMG Her or His Majesty’s Government in London. was obligated to compensate the Shaikh for loss of revenue. The correspondence on file primarily concerns attempts by British Officials to defend the Shaikh's status as owner of the date gardens, and discussions about possible compensation.

The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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 (Harold Richard Patrick Dickson), 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (Hugh Vincent Biscoe), HM Ambassador to Iraq, HM Counsellor to HM Embassy, Iraq (Sir George Arthur Ogilvie-Forbes), and the Legal Secretary to the High Commissioner for Iraq (John Harry Barclay Nihill). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his Basra Agent (Abdul Aziz as Salim al-Badr), his lawyer (Jacob Gabriel), and the Government of Iraq.

The following reports and legal documents appear within the volume:

  • Memorandum prepared by the Judicial Advisor to the High Commissioner for Iraq (G Alexander), regarding attempts made to deprive the Shaikh of Kuwait of certain of his date gardens, ff 658-679.
  • Translation of judgement No. 77/930, issued on 30th December 1931 by the Court of First Instance, Basrah; and translation of decree No. 66/932 dated 9 May 1932, issued by the Court of Appeal, Baghdad, for service on the Shaikh of Kuwait, ff 634-644.
  • Short histories of the Shaikh of Kuwait's Bashiyeh and Faddighiyeh gardens on the Shatt al Arab from the time of their purchase to date, written by 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, ff 621-629.
  • List of persons to be served with legal documents from the Court of First Instance, Basrah, f 533.
  • 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Scope of Undertakings given by HM Government in 1914. Case for the Opinion of the Law Officers of the Crown, and Opinion Thereof', ff 458-476.
  • Explanatory notes with accompanying sketch map of the Faddaghiyeh Estate, ff 205-209.
  • English translations of the four Tapu deeds connected with the Faddaghiyeh Estate dispute (deeds originally dated August 1915), ff 90-99.
  • Copy power of attorney document, written in Turkish, issued by the TC Asliye Mahkemesi Altinci Hukuk Dairesi 6 [Turkish Republic Civil Court of First Instance, 6th Law Department] on the 15 Ramandan 1326 [1908] in favour of Ahmet Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Kazim Azzubair, ff 78-80.

The file continues with Collection 17/8 part 2, reference IOR/L/PS/12/2854.

The volume includes dividers which give lists of correspondence references found within the volume by year. These are placed at the end of the correspondence (folios 4-5).

Extent and format
1 volume (721 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front 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 723; 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 4-721, and ff 695-721; these numbers are also written in pencil, but are not circled.

Written in
English and Turkish in Latin script
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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎627r] (1258/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240766.0x00003b> [accessed 20 April 2024]

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