توزيع إرث شرعي في حضرموت و عمان على ضوء وثيقتين تاريخيتين : دراسة تحليلية أرشيفية

Abstract EN

This paper is a study of two documents that mainly address the heritage division in Hadhramaut (Yemen) and in Al-Awabi (Oman).

The period between the issuance of the first document and the second is over 66 years.

However, the main problem is that legally and diplomatically, the two documents deal with the issue of the heritage differently.

Moreover, each document has its own set of problems.

One document has trouble with the division of heritage and handling familial matters mentioned in the will.

The legacy in the second document contains a problem in regards to a matter of miscalculation.

The paper sheds light on: the types of bequests, legacies and life necessities, their prices and reasons behind them.

The paper also illustrates the general rules followed when writing these types of documents in the studied geographic area of the Arab World.

It explains the method of documenting, the terminology and phrases used that are connected to the Arabic Islamic Heritage and that are inspired and derived from the environment, names, geographical places, countries and villages that were in Yemen and Oman in the periods Muharram 1290 AH - March 1873 m and 4 First Jumada 1358 AH - 22 June 1939 m.

The paper adopts an analytical, historical approach.

It looks at primary and secondary sources and critiques them thoroughly while also providing a critical analysis of them.

The paper also contains a personal interview with the owner of the second document and it adopts a diplomatic approach to examine the legal parts and forms in the two documents.