'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎145v] (301/1904)

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Annex (20). ' 1
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Opinions of
In reply to q
(i) 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 )
• [N ote .—Chief Sunni Mullah of Busbire.]
(ii) In the name of God the Merciful, the Compassionate.
According to the question, this lease is null and void.
Written by Muhammad Air Ali-i-Osfoor.
(L. S.) Confident in God the bounteous. His
slave Muhammad Ali bin Muhammad Taqi.
[N ote .—Imam Juma, the official High Priest of Bushire.]
(Hi) 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 one Toman 10,000 Persian dinars, or a gold coin of that value. per mensem," such a lease is leEgaUy 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 Muhammad Afi el Moosevi ed Dehdashty en Nejafi,.
(L. S.) The hopeful Muhammad Ali-el-MoosevL
[N ote .—The most venerable Shia Mullah in Bushire.]
(iv) It should be understood that the conditions for the validity of a lease-
are six; by 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 ot the measure or weight or Dumber!
Fourthly, the specification of the profit by time or by the job. Fifthly, the
retention of the pro it in possession or its coming under that category (of
possession). Sixthly, the defining of the period of the lease in such a manner that
it shall become neither less nor more. The subject-matter of the question (under
reply) being void of certain of the conditions, namely, the compact, and the period
and the cognizance of the amount of the profit, is not valid, and God is aware of
the truth of affairs.
Written by the humble Abdullah el Moosevi el Baladi (L. S.).
[N ote .—The Chief Mullah of the Ussuli sect of Shias in Bushire, His opinions are greatly
respected.] ~ v
(v) In the name of God the Merciful, the Compassionate.
The distinguished Ulemas—may their blessings amongst the people endure
have defined " lease " to be the taking possession of an ascertained profit in return
for something specific. So whatever is like giving possession of original property
for instance by selling it, is a thing extraneous to a compact of lease, and X so is
anything m which the profit is not defined, either in itself—such as by the fact of
sewing of a certain garment or the riding of a certain animal to a certain plac e
or by the fixing of a period such as a full year. And thus, as regards the subiect
of the question, whereas, it is not a case of taking possession of a profit, but of
the original property, and whereas the profit is not fixed by either of the two
methods aforesaid, the lease is accordingly null and void, on both counts and it
is obvious that while there is no contradiction in the sa- : d two rulings it is
recorded that the majority set store by the last. And God is aware of His
commands.