Governing property, making the modern state - PSI424
Governing property, making the modern state - PSI424
Governing property, making the modern state - PSI424
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Part three | 10<br />
proved childless she married Ahmad Muhammad Muflih of family-20 (interview<br />
with Ni‘ma Muhammad Mahmud al-‘Abid, 25 October 1991). In <strong>the</strong> final 1939<br />
register Labiba shared holding 3–46 with her husband Ahmad and his sons (we do<br />
not know if <strong>the</strong>y are her sons) (DLS.CR Kufr ‘Awan, jadwal al-huquq 16 March<br />
1939, no. 242, and jadwal al-tasjil, 3–46). In 1910 Ahmad had recently married<br />
his fa<strong>the</strong>r’s half-sister’s daughter Khadra (shown in Figure 12.6 but not in Figure<br />
10.6) and <strong>the</strong>y were living in his fa<strong>the</strong>r’s household M55, as yet without children<br />
(ANR Kufr ‘Awan). Labiba’s marriage to Ahmad is connected with two o<strong>the</strong>r<br />
landholding women in 1939, Ahmad’s sister Hana and his daughter Khashfa.<br />
Ahmad’s sister Hana was married first to Labiba’s bro<strong>the</strong>r Mahmud and <strong>the</strong>n,<br />
after his death, to his bro<strong>the</strong>r ‘Ali with whom in <strong>the</strong> final register of 1939 she<br />
shared holding 5–55. Hana’s ¾q parallels Labiba’s ¾q. Hana had been named as<br />
one of <strong>the</strong> heirs of <strong>the</strong> sons of Muflih in ano<strong>the</strong>r large retrospective inheritance<br />
mutation of 1932 (corresponding to a shar‘i inheritance case of 1930) (ACR.SC<br />
sijill 12, hasr al-irth 1929–31, p. 163, case 83/177/4, 12 November 1930, and DLS.<br />
AT.Dabt 1931–32, p. 65, nos 44–7 [March 1932]). At <strong>the</strong> 1939 cadastre Hana<br />
claimed ¾q as her share of this inheritance, and she won ½q. Like Labiba she<br />
too filed a suit in court claiming that her bro<strong>the</strong>r Ahmad had registered ½q of<br />
her 1q inheritance in his name; and like Labiba Hana won ano<strong>the</strong>r ¼q (DLS.CR<br />
Kufr ‘Awan, Report 25, 6 March 1939, and Court Case 6, 9 May 1939).<br />
Ahmad’s daughter Khashfa held a full qirat in a joint holding with her<br />
husband ‘Abdul-Qadir of family-19. Khashfa’s share equals those of her bro<strong>the</strong>rs,<br />
perhaps <strong>the</strong> result of a marriage settlement paralleling a pre mortem gift by her<br />
fa<strong>the</strong>r of one qirat to each of his sons. We do not know if she had o<strong>the</strong>r sisters.<br />
It is possible that she and her bro<strong>the</strong>rs had inherited land through her mo<strong>the</strong>r<br />
Khadra – if Khadra, not Labiba, was indeed <strong>the</strong>ir mo<strong>the</strong>r – but <strong>the</strong> inheritance<br />
case relating to Muflih’s sons stopped at Khadra’s mo<strong>the</strong>r Tamam, a daughter<br />
of Muflih and half-sister of Khashfa’s fa<strong>the</strong>r’s fa<strong>the</strong>r, who had inherited land<br />
from her full bro<strong>the</strong>r ‘Abdullah when he died without issue (see fur<strong>the</strong>r Figure<br />
12.6 concerning Ahmad’s bro<strong>the</strong>r’s wife Yumna Mustafa Nimr al-Muflih). In any<br />
case Khashfa did not file a claim for land in 1939. Her fa<strong>the</strong>r Ahmad still held<br />
4¼q in his own name even after initial settlements of 4q on his children and after<br />
relinquishing ¾q to his sister Hana.<br />
Labiba’s case should also be considered with that of her sister Hamda. Hamda<br />
had already inherited land from both her husbands (Mahmud and ‘Ali) through<br />
<strong>the</strong>ir mo<strong>the</strong>r Hamda, daughter of Sulaiman ‘Abdul-Latif. Her share was 112<br />
where 11200 represented 24 qirat, i.e. roughly ¼q (see Figure 10.4). At <strong>the</strong> 1939<br />
cadastre Hamda claimed 3q from her bro<strong>the</strong>r ‘Abdullah as her mahr, resulting<br />
in ¼q being settled on her daughter Zarifa (DLS.CR Kufr ‘Awan, Report 18, 5<br />
March 1939). She also claimed in court that her bro<strong>the</strong>r had registered ½q in his<br />
name that was properly her mahr given by her husband ‘Ali al-‘Abdul-‘Aziz, as a<br />
result of which she was awarded ano<strong>the</strong>r ¼q (ibid., Court Case 5, 9 May 1939).<br />
It seems that this ¼q she immediately sold to her son-in-law Nayif with whom<br />
Zarifa, in <strong>the</strong> final 1939 register, shared a holding (ibid., Sale 10, 16 January<br />
174