"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [ظ‎‎٢‎٥] (١٩٠٤/٦١)

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Annex (20).
Opinions of C
In re fly to que
(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.)
\ [Note .—Chief Sunni Mullah of BuBhire.]
(w) In the name of God the Merciful, the Compassionate.
According to the question, this lease is null and void.
"Written by Muhammad Ali Ali-i-Osfoor.
(L. S.) Confident in God the bounteous. His
slave Muhammad Ali bin Muhammad TaqL
[Note .—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 per mensem," such a lease is le^gally null and f
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 Ali el Moosevi ed Dehdashty en NejafL
(L. S.) The hopeful Muhammad Ali-el-Moosevu
[Note .—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 or the measure or weight or number.
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.]
(u) 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 so is
anything in 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 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 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 said two rulings, it is
recorded that the majority set store by the last. And God is aware of His
commands.