From the Pages of the Defter (ص 195)

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عنوان

From the Pages of the Defter (ص 195)

المحتوى

(22 Rajab 1292), six months before the maliyye year of 1292 began and the Esas-: Emlak
register was recorded.
This case was framed as a lawsuit, but it was not actually conflictual. The twenty-four
claims of ownership dating back to 1875 were not challenged in court by Husayn, the
defendant. It was not mentioned in the court record that tapu certificates had been
requested or presented in court. Actually, the ownership of the original group was not in
question. Husayn acknowledged the ownership rights of the twenty-four individuals, whose
names were read aloud and duly recorded in the court record.*~ Husayn asked only for
proof that Isma‘il and those he represented were indeed entitled according to Islamic law to
inherit the rights of the now-deceased tapu holders. The burden of proof was satisfied
through witness testimony, in accordance with traditionally accepted rules of substantiation
in the sharia court. This is undoubtedly why the case was held in the village square. The
group of sixteen was comprised of first- and second-generation inheritors, since some direct
descendants of the twenty-four had already died. As one can imagine, between the numbers
of individuals invested in the outcome of the case and those called to witness right to
inheritance, the crowd gathered must have been sizable.
328 They were: Muslim al-Saida, Salame Suliman, Husayn Muhammad, Ibrahim al-Hajj, Ibrahim Salame,
Mahmud Qasim, Salht Abu Sneine, Khalil al-Mutaliga, Muhammad ‘Isa al-Qawma, Salah al-Sawayreh,
Badawi b. Muhammad Badawt, Muslim al-Khmeise, Jabir ‘Uthman, Jibrin Mustafa, al-Hajj Sultman,
Sultman Hamidan, Salame Shihada, Hassan al-‘Atiyat, Isma‘ll Jibrin, Muhammad Nasrallah, Anitm(?) al-
Sawair, Husayn Khalil, S‘atd Badran, and Muslim Abu Zreig [Zreiqat].
178

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From the Pages of the Defter

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المنشئ

Susynne McElrone

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