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Document Fifty-One Pledge With Right Of Cultivation Granted by a Woman For Interest-Free Loan (1927)

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Chapter Summary

In the case under review, a woman receives a loan from someone of the same ʿashīra. In return she undertakes to pay it back to him on demand. Actually, we have to do here with a case of a pledge, in return for a loan, for an unspecified period. The woman, on her own behalf and that of her minor children who share with her a plot of land, pledges this plot to the lender. The woman instructs the pledgee to sow the plot with crops and derive the sharʿī benefit thereof until the loan is repaid and the plot is returned to its owner. It is stipulated in the contract that the money is given as a interest-free loan. The manifestation of the influence of the sharīʿa can be derived from the fact that the widow seems to have initiated a sharʿī order of succession in the sharīʿa court.

Keywords: ʿashīra; interest-free loan; pledge; right of cultivation; sharīʿa court; sharʿī; woman

10.1163/ej.9789004201323.i-582.173
/content/books/10.1163/ej.9789004201323.i-582.173
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