From the Pages of the Defter (ص 194)

غرض

عنوان

From the Pages of the Defter (ص 194)

المحتوى

Other reform-derived linguistic phrases pop up here and there in the court records in these
years, such as the term hujjat sened ‘adi (a document of a “regular” title deed).°** Although
the word sanad with the meaning of “deed” or “document” is also found in Arabic, the word
is not used in early archived Hebron court records. It found its way into societal lingo
following the advent of requirements (in Turkish) to acquire tapu seneds for properties.
Likewise worthy of note in this phrase is the qualifying adjective “regular”. Its use reveals an
implicit juxtaposition of two different documents of ownership, one issued in the traditional
manner, usually in the sharia court, and the new type, the tapu. The phrase indicates that
ownership affirmed by the sharia court continued to be valid in the post-reform period. First,
it should be noted, the sened referred to here was issued in 1297 H (1880), a period when
tapu registration had become easily accessible in Hebron. Secondly, had court-issued
documents of ownership become invalid, one would expect not to see them described as
“regular” —the complement of which is “special” — but, rather, as gadim (old, former), as
opposed to the “new” sened tapu.
Isma‘tl claimed he and the individuals he represented had rights to the lands in
question by right of inheritance from relatives who either possessed or had themselves
inherited rights to the land tenure from among a group of twenty-four people to whom tapu
kushans had been granted. These title-deeds, he said, had been issued on 24 August 1875
324 HR 18 / 91 / 93 (12 Shawwal 1316 / 23 February 1899).
177

هو جزء من

From the Pages of the Defter

تاريخ

٢٠١٦

المنشئ

Susynne McElrone

مجموعات العناصر

Generated Pages Set

Theses رسائل ماجستير ودكتوراه