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'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎183v] (377/1904)

The record is made up of Four volumes. It was created in 1871-1911. It was written in English. 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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46
the job. Fifthly, the retention of the profit in'possession or its' coming tinder 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 nrofit, is not valid, and God is aware of
the truth of affairs.
Written by the humble Abdullah-el-Moosevi-el-Baladi.
(L.S.)
{Note. —The chief mullah of the Ussuli sect of Shias in Bushire.)
5. In the name of God, the Merciful, the Compassionate.
i he distinguished ulemas—may their blessings amongst the people endure—
have defined "lease J 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 so is anything in
which the profit is not defined, either in itself—such as by the act of sewing of a certain
garment or the riding of a certain animal to a certain place—or by the fixing of a period
such as a full year. And thus, as regards the subject 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 ol 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
said two rulings, it is recorded that the majority set store by the last. And God is
aware of His Commands.
Written by this humble servant of the Shera, Murteza-d-Moosevi, Sadr-el-Islam.
(L.S.)
(Note. —Seyyid Murtcza-el-Moosevi is the stipendiary Sadr-el-Islam," of Bushire,
much respected for his piety.)
6. Praise be to God.
Ihis lease as it is written is null and void and is not valid. The conditions for the
lease, viz., the formula of proposal and acceptance and the stipulation of the time are
not (made) therein. Further, if the mines are open they cannot be turned into property
and the lease is not proper.
This, and God the Highest knows more.
Written by the humblest Muhammad Mehdi-bin-Abdullah.
(Note, Identical with the priest mentioned in Annex 26 to Second German
M emorandum.)
7. In the case of the omission of the formula of the lease and the non-stipulation
Of the time, the lease is null and void and is not valid. And God knows more.
Written by Yusuf-bin-Mohamed-bin-Abdullah, servant of the law, at Lingah.
(l .S.) The dependent on God, Yusuf-bin-Muhammad-bin-Abdullah.
(Note.—Identical with the priest mentioned in Annex 28 to Second German
Memorandum.)
8. Praise be to God, the Leader to the right (path).
_ Thesaid lease, apart from being null and void, is not a lease originally, because a
lease without formula and a fixed period is not a lease.
Written by Abdurrahman-ibn-Yusuf. May God forgive both of them.
In Rahi-el-Mowlid, 1329.
(L-S.) SULTAN-UL-ULEMA.
M.m™W ( ! entlCal With the priest % urill g ia Annex to Second German

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Content

Correspondence includes the originals and annexes of the Abu Musa report of May 1911; Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. material for first British reply; printed copy of 2nd British reply; Hassan Samiyah's complaint. It also includes the printed arguments of the Foreign Office case. Correspondence discusses arguments based on various translations of Persian and Arabic words.

Correspondents include Percy Zachariah Cox, 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. ; Hassan Samaiyah; Robert Wonckhaus; Mr Tigranes Joseph Malcolm; Bahadur Abdul Latif [Abd’al Latif] , Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. Agent, Sharjah.

Extent and format
Four volumes
Arrangement

The file is arranged in four volumes.

Physical characteristics

Foliation: This file has been split into four parts. The complete foliation sequence, which should be used for referencing, runs across all four parts and consists of a pencil number, enclosed in a circle in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. In each volume the foliation commences on the first folio of writing and concludes on the last. Volume 1 contains folios 1-251, Volume 2 contains folios 252-479. Volume 3 contains folios 480-727. Volume 4 contains folios 728-910.

Foliation anomalies: 478, 478A, 512, 512A, 512B, 512C, 584, 584A, 606, 606A, 640, 640A, 821, 821A, 821B, 821C, 821D, 860, 860A, 865, 865A. Foliation omission: 646.

Written in
English in Latin script
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'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎183v] (377/1904), British Library: India Office Records and Private Papers, IOR/R/15/1/259, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023617295.0x0000b2> [accessed 28 March 2025]

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