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Document Forty-Eight Right Of Redemption For Ten Years And Conversion To Pledge (1867)

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Chapter Summary

This is a case of sale with the right of redemption of a plot of land for a limited period of time, the parties to the contract being Bedouin of ʿArab al-Taʿāmira. At the termination of that period, the plot is to be returned to the seller provided he manages to repay the price of the plot to the purchaser. If he does not, the sale is to become a pledge without limitation of time and the purchaser becomes a pledgee. The practice of sale with the right of redemption in the case under review is inspired by the sharīʿa. Thus the legal document is referred to as sharʿī and the sale is coupled with an attempt to circumvent the sharʿī prohibition of interest. The conversion of sale with the right of redemption into a pledge suggests that the borderline between the two institutions was blurred in daily practice.

Keywords: conversion; legal document; pledge; purchaser; right of redemption; seller; sharīʿa; sharʿī



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