The Legal History of 'a Sir (Al-Mikhlaf Al-Sulaymani)

Abstract

In March 1925, Imam Yahya of Santa' occupied Hodeidah and the coast up to Midi to the north. But the three major warring tribes of Yemen were at war with the Imam. Hashid and Bakil resented the Imam's attempt to dominate them, and in 1925 the Zaraniq of Bayt al-Faqih and Zabid petitioned the League of Nations for recognition as independent states. The grievances of the Zaraniq were sectarian. Crown Prince, Saif al-Islam Ahmad took a year to crush the revolt of the Zaraniq which he viewed as Shafi'i, i.e. Sunni. In 1926 the Saudis defeated the Idrisis in 'Asir and made them proteges of the King of Hijaz and Sultan of Naid under the Saudi-Idrisi Pact of Mecca concluded in October 1926. The Idrisis were Malikis from al-Qairawan who started as an ascetic Sufi sect (from which the Marghanis of Sudan claim descent).l In 1927, an Anglo-Saudi Pact in Jeddah aroused the fears of Imam Yahya who responded by concluding the 1st November 1928 Yemeni-Soviet Treaty of Santa'. Thus Yemeni Soviet relations have in fact cornmenced in Santa' not Aden, although this is often overlooked. In November 1930 Ibn Saud virtually annexed 'Asir leading to a revolt by the Idrisis who occupied the port of Jaizan (also called Jazan) on 4 November 1932 and arrested and imprisoned the Saudi Prince in charge of it, Fahd bin Zutayr, on 7 November, 1932. The Saudis pushed the Idrisis out of Jaizan and back into Sabya and then forced them out of Sabya in February 1933. The Idrisis sought political asylum in Santa'. In the summer of 1931 the Imam's forces occupied Mount al-'Arw on the 'Asir border taking hostages, a normal practice of Yahya when ensuring forced loyalty. Ibn Saud at that time saw in 'Asir a buffer zone except for green cool Abha, the forest of the Arabian Peninsula, and the port of Jaizan. He was still busy consolidating his new kingdom. Therefore, on l5th December 1931, he agreed a treaty recognising that Mount al-'Arw was Yemeni territory. The treaty was ratified in January 1932 and marks the first formal step of border demarcation between Yemen and Saudi Arabia.2 The Al-'Arw treaty stipulated for the extradition of refugees. Therefore, when Ibn Saud claimed the Idrisis in 1933, he was invoking an agreed procedure, but extradition in public international law applies to fugitives from justice and not to exiles. Naturally Yahya declined Ibn Saud's request, but guaranteed the peaceful behaviour of the Idrisi refugees. However, the Imam had in the process of subjugating the tribes