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Document Fifty-Four A Dispute Relating To Tribal Boundaries, Oath And Tazkiya by Five Persons (1935)

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Chapter Summary

The document under review pertains to an agreement concerning a land dispute over rights of ownership between al-Taʿāmira and al-ʿUbaydiyya tribes. Since the parties have no tribal documents by means of which they can prove their allegations, they agree that a particular individual, Darwish, from al-ʿUbaydiyya tribe, probably a well-known figure respected for his moral standing and integrity, be given full discretion to resolve the land dispute. Darwish's decision must be backed up by an oath, the substance and wording of which are to be provided by representatives of al-Taʿāmira tribe. The truthfulness of the oath and the ʿadāla of the person under oath qualifying him for testimony must undergo a test of tazkiya by five specified individuals from al-ʿUbaydiyya tribe agreed upon by the parties. If these conditions are not met, the disputed lands shall be divided between the two parties, al-Taʿāmira being awarded twice as much as al-ʿUbaydiyya.

Keywords: ʿadāla; al-ʿUbaydiyya; al-Taʿāmira; Darwīsh; land dispute; oath; tazkiya; tribal boundaries



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