The last Punic war, Vol. 1 (of 2) : $b Tunis, past and present : with a narrative of the French conquest of the regency.Broadley, Alexander Meyrick
History
The last Punic war, Vol. 1 (of 2) : $b Tunis, past and present : with a narrative of the French conquest of the regency.
Broadley, Alexander Meyrick
Tunisia -- History; Tunisia -- History -- French occupation, 1881-1956
A British subject, Mr. Levy, had possessed, and successfully cultivated
for many years, a large estate on the coast of the regency of Tunis,
called the Suyah. Europeans holding land in this country, as in all
others, are amenable in transactions concerning it to the _lex loci_,
which, in this particular instance, is the Muhammedan code. One of the
best known and most frequently practised principles of that law is
called _shoofâ_, or pre-emption, which may be shortly described as the
right of a partner or neighbour to acquire any property sold in which he
has a share, or which is contiguous to his own estate, on paying down
the purchase money agreed on by the original vendee. This right is as
frequently resorted to through the local courts at Tunis by European
settlers as by Arab proprietors. General Kheir-ed-Din was the owner of a
very important domain bordering on Mr. Levy’s estates, and even
surrounding a portion of his lands, which property is known as the
Enfida. During the autumn of 1880 Mr. Levy entered into negotiations for
its purchase, and obtained promises of support from his friends to raise
the required capital. Suddenly the news reached Tunis that Kheir-ed-Din
had sold his estate to the Société Marseillaise, the French financial
company which had already succeeded M. De Sancy at Sidi Tabet for a
large sum, but on the express condition that the sale was to be effected
according to Muhammedan law. Mr. Levy then determined to invoke his
right of _shoofâ_, and no sooner had the Société Marseillaise completed
the formalities of purchase (which they did in the manner prescribed by
the law and immemorial custom of Tunis) than he made the requisite
declarations, and was, with the sanction of the cadi, placed in
possession of the Enfida. The original purchasers were next obliged by
the requirements of Muhammedan law to sue Mr. Levy before the cadi to
test the validity of his right, and so conscious were they of this, that
they had actually left a zone of land, one mètre in width, all round the
estate still the property of Kheir-ed-Din, in order to place Mr. Levy
out of the category of contiguous neighbours. It, however, transpired
that this fiction must ignominiously fail on account of Mr. Levy
possessing gardens within the Enfida, and a _coup d’état_ was hastily
resolved on by M. Roustan.
Public-domain text, read in full here on John Shaqi.
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