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'File 2/5 V SHAIKH’S DATE GARDENS.' [‎268r] (540/626)

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The record is made up of 1 volume (309 folios). It was created in 30 Aug 1933-30 Apr 1935. 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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xn the light of the further information, we now know
that on Sharifa’s death
(a) i became the property of the husband
(b) i went back to the family of Mubarak.
This was however xollowed by a family arrangement whereby the
husband married Sharif a 1 s sister Mariam.- and was allowed to
enjoy the whole of the income of the property. And since his
death the income of the whole continues to be enjoyed by
Mariam and the issue of the marriage.
In these circumstances no question arises as to (b)
above, so far as the pledge is concerned. /
As regards (a) the position still seems to be that
since the property vested in the husband under Islamic law,
the chain was broken, and that his widow and children enjoy
it at present not as descendants of Mubarak but as transferees
or successors of the husband. It comes very near to the
situation suggested in para. 3(2) of my previous note, and it
might well be considered reasonable, so long as the present
circumstances continue, to maintain the pledge in their
favour.
(Sgd.) H. G. PEARSON
25/2/35.

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Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Ahmad Al-Jabir Al-Sabah, in southern Iraq. The correspondence concerns the Iraqi Ministry of Justice’s refusal to recognise the Power of Attorney presented to them by the Shaikh of Kuwait’s lawyer in Basra, Jacob Gabriel. It also concerns the following: the Shaikh of Kuwait's ownership of the gardens, the Tapu papers (land deeds) which prove his rights to the date gardens, smuggling, 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. riots at Faw, and tax payments. In the papers, the Iraqi Ministry of Foreign Affairs raised their concerns to the British Government that unless the Shaikh accepts the service of judicial documents emanating from the Iraqi Government all cases instituted against him would remain pending.

In the volume, British Officials circulate full lists of the Shaikh’s garden properties in Iraq. They also discuss the Iraqi Government’s request for the Shaikh to appear at the Court in Iraq, and how this could compromise his position as an independent ruler.

The volume also includes correspondence related to the ‘Ujairawiyeh Estate, which had been purchased by Shaikh Mubarak in 1912, and was registered in the name of his daughter Sharifa. The estate later became a shared property between the heirs. Such shared properties raised questions among British officials regarding the Arab custom of holding property in common.

The volume’s core correspondence covers October 1934- April 1935. The earlier start date given to the volume is a result of correspondence by 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. Trenchard Craven William Fowle (f 303), which is dated 30 August 1933. The correspondence is a drawing of a plan showing lands adjacent to Faw depot.

The main correspondence in the volume is between 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, 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 British Ambassador, Baghdad, the Ministry of Foreign Affairs, Iraq, the Ruler of Kuwait and his Basra lawyer Jacob Gabriel.

Extent and format
1 volume (309 folios)
Arrangement

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

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 311; 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 previous foliation sequences, one circled and one uncircled, have been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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'File 2/5 V SHAIKH’S DATE GARDENS.' [‎268r] (540/626), British Library: India Office Records and Private Papers, IOR/R/15/5/144, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100049274796.0x00008d> [accessed 28 March 2024]

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