'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎184v] (379/1904)

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15. In the name oi God, the Merciful, the Compassionate.
Praise be to God, Who leads to the right.
, The said lease is invalid arid illegal in several respects and does not contain all
toe conditions. ^ Ihe first of the reasons for its invalidity is that the period of the
ease is unspecified. The second reason is that the formula of the lease has not been
pronounced therein. Ihe third reason is that, legally speaking, the right to any ground
rent,-in t i.j manner mentioned in the question, is unknown inadmissible) from all
pom sot view, -^o take interest on_unknown articles for an unknown period, and to
couipaie u to rent is unlawful. In short, this lease, as quoted in the question, according
owing copy,'' is not compatible with the precepts of the august Shera law.
And God knows best. ^
(Signed and sealed) By this humblest and poor.
ABDUL RAHMAN-BIN-ABDUL GHAFOOR, EL MUFTI.
Appendix 13.
Question (B) (i).
As put to the Members
in the name of God, the Merciful, the Compassionate.
10 %^T nedulema ' s and distinguished lawyers. May God multiply the like oi
As regards a deed oi lease which has been given by a certain party to another,
and m which owing to the absence of the specification of the time and the non-pronun
ciation ox the legai formula, the learned lawyers and Islamic divines have, in
accordance with the rules of the Sacred Shera of Islam, issued and recorded a judgment
i. iymg .he ..ease, can the lessor, who is the owner of the property, cancel it and turn
the lessee out oi his property? r r
rrpofit ^o/!?. ae Q ed you x . w 1 il ! record the true position in accordance with the
L" P : the bacred Law of Islam and adorn and seal it with your august seal.
1 lease explain and be rewarded ? your reward being with God.
Here follows copy ox the said kase (an imaginary one) as under :—
in the name of God, the Merciful, the Compassionate,
1 knG y wll( ? may_ see this. I, Mohammad-bin-Abdullah-bin-Hassan ^have
leased all the mines situated m tne island of Kaem to the following nersons ■ Hp li
p a^oob-bin- M ohamed-bin- Saleh, Abdul Kerim Mohammad, and Seyyid Sadek-bin AH
from this date for so long as they have a disposition (to work) ^ S afo^d ^
They are to pay us 150 i renen dollars for every year. I have likewise agreed with
them tnat if they wish to ship dried and fresh dates for trading purposes at the place
mentioned, they are to pay us 150 French dollars as warehouse ffifaS we have aSh^
nsed them to nig well tor drinking-water for their employes working in the aforesaid
minj, and friendly assistance is to be given by us to their employee who work on +he
mme. It is possible that 1 may have concluded agreements before this present one but
A^y are not to be acted upon, and this agreement, which is written in ^at^hdds
Dated 18th Zilkadeh. 1315.
Witnesses • MOHAMMAD-BIN-ABDULLAH-BIN-HASSAN.
S ALEH-BIN- H AM DAN.
Abdullah-bin-Mohamed.