'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎26v] (63/1904)

46
The aforesaid lease, being void of the pronunciation of the legal formula an.
being without the specification of a fixed period, is null and void and cannot be
acted upon.
Written by Muhammad bin Salman, servant of the Law, at Hasineh.
(Note .—Svmni Arab Kazi of Hasineli on the Persian Coast).
{xiii) r 0 God, Guide to the right in the answer !
Praise be to God alone, and peace and blessing be on him after whom there
is no prophet.
And afterwards, the aforesaid lease is null and void and cannot be acted
upon owing to the absence of the legal formula and the non-specification Oi. lub
period and owing to the ignoring of the period.
Written by the humblest of the members of the Clergy, and God knows
the right better.
(Signed and sealed,) A bpu H j AH bin M uhammad S aeed el- A issabi,
' Kelat,
(Note ,—Sunni Arals Karai of Kelat on the Persian Coast).
(xiv). The answer. The lease has conditions ; if a single condition thereof is
violated, the lease is spoiled. How is it now that (several) conditions are omitted .
The first is that a lease requires bond such as proposal and acceptance; and the
second of the conditions thereof is that it should be for a known period, bo, this,
which is written in the question, should be nullified for several reasons, anu it
cannot be valid in this condition which is stated. And God Knows more.
(Signed,) Abdul Kerim bin Ahmed,
servant of the
(xv), In the name of God, The Merciful, The Compassionate.
Praise be to God, ^ ho leads to the right.
The said lease is invalid and illegal in several respects and does not contain
all the conditions. The first of the reasons for its invalidity is that the period of
the lease is unspecified. The second reason is that the formula of the lease has
not been pronounced therein. The third reason is that, legally speaking, the
right to any ground rent, in the manner mentioned in the question, is unknown
{i t e. inadmissible) from all points of view. To take interest on unknown articles
for an unknown period and to compare it to rent is unlawful. In short, this lease,
as quoted in the question, according to " the following copy is aot compatible
with the precepts of the August Shera Law. And God knows best,
(Signed and sealed.) By this humblest and poor, A bdul R ahman bin A bdul
GH apoor, el M ufti.
(N ote .—Chief Kazi of the Sunni Arab community, who is highly respected by all the
inhabitants of Bunder Abbas, Lingah, the Shib Kuh Ports and all the^utlying ports).
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