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Document Fifty-Seven Sale “According To The Custom Relating To Horses” (1947)

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Chapter Summary

Contrary to the usual contracts of sale that are based almost entirely on the sharīʿa as codified in the Mejelle, this contract of sale of horses is based purely on customary law. This chapter needs some reorganization to facilitate orientation. The essence of the joint ownership between the parties to the sale of the mare is explained in the detailed conditions presented in the second part of the document. The contract of sale relating to horses does not seem to derive any inspiration from the sharīʿa, though the latter recognizes the principle anchored in partnership in property to the effect that for the matter of ownership, the offspring of a pregnant mare (or any other animal) belong with the mare, that is, are due to the mare's owner.

Keywords: customary sale; horses; mare; partner; sharīʿa



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