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Document Sixty-Eight Partnership In A Production Of Minerals (1964)

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Chapter Summary

The case under review deals with an enterprise for the production of minerals. The First Party, the leader of the Taʿāmira tribes, contributes to the joint venture a private parcel of land that contains a deposit of barium sulfate. The Second Party contributes the technical facilities and know-how for producing and utilizing the minerals as well as the monetary means to carry out the entire project. Tribal custom does not seem to play any role in this joint venture, although there is an attempt to accommodate the sharʿī partnership to local practice; the contract is phrased with a view to seeking the support of the civil court in the event that any of the parties deviates from obligations under the contract; no tribal sureties have been nominated to back up the contract.

Keywords: civil court; partnership contract; production of minerals; sharʿī partnership

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