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'File 2/5 V SHAIKH’S DATE GARDENS.' [‎21r] (46/626)

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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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translation of a letter No.--1/103, dated the
12th Rajah 1353, corresponding to the 21st October 1934,
from Mr.Agooh Gabriel, Lawyer, Basra, to His Excellency the
Ruler of Kuwait.
After Compliments,
I beg to enclose, herewith, the Power of Attorney,
lissued by you) together with a copy of the letter received
by me frcm the Lawyer Kamal Beg as Sanawi (of Baghdad)
stating that the Minister of Justice refused to confirm
the said Power of Attorney on the ground that it lacks
the necessary authority for the Attorney to accept service
of documents. The non-confirmation of this power of ^
attorney means that my hands will be restrained by the
shackles of the Law, and that X shall in no way be able
to defend your Excellency's rights. This will of course
lead to the loss of your rights continuously and
irretrievably.
I would, therefore, ask that your excellency
kindly take necessary steps to (a) obtain the confirmation j||
Of lire Ministry of Justice to the said power of attorney,
and (b) get the said Ministry, by an order of the Ministry
for Foreign Affairs, to agree to the administration of the
oath on your Excellency indirectly, and to notify this
to the Court of Abul Khasib, before Monday the 29th October
1934 . Failing the above your Excellency’s rights will
no doubt be lost, with the still worse consequence that . i
our opponents will be encouraged to further outrage, ana
will refuse to hand over the just rl^its of your Excellency.
But Your Excellency is of course the best judge in weighing
the pros and cons of the matter.
Finally I repeat my request with importunity that
try
your Excellency should/and find a remedy for the problem,
before the 29th October 19S4, otherwise "all efforts will
be useless after Basra is destroyed" (old Arab proverb).
Usual Ending #

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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.' [‎21r] (46/626), British Library: India Office Records and Private Papers, IOR/R/15/5/144, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100049274794.0x00002f> [accessed 6 April 2025]

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