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Document Fifty-Nine Shar'ī Sale Of Small Stock By Husband To Wife (1929)

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Chapter Summary

Two transactions pertaining to the same woman are included in the document under review. In the first transaction, dating back to 1929, the husband sold to his wife some fifteen head of small cattle. The contract was concluded as a sharʿī sale par excellence, using purely legal terms such as offer and acceptance, absolute, final, irrevocable and effective sale, and free from deception and corruption. Twenty years later, in 1948, the wife sold some sheep out of her cattle and bought a cow and reminded her husband that the cow was her private property. The two transactions demonstrate the application of the doctrine of separation of property between the spouses and attest to the woman's capacity to own and dispose of property. The two transactions took place in the presence of witnesses; in the first one, they also performed the procedure of identification (taʿrīf) of the parties to the contract.

Keywords: cattle; dispose; husband; private property; sale; sharʿī; taʿrīf; wife; witnesses

10.1163/ej.9789004201323.i-582.197
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