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Sidi Mohammed III · 1786
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Articles 20–25
EMPIRE OF MOROCCO
Ab Antiquo • Maghrib Al-Aqṣā • North Gate
1786 Mālikī Sharia Hiba (Sovereign Unilateral Grant) · Recorded at 8 Stat. 484 (1836)
This tribunal sits under the Chapter 4 ʿAlāma of record — عَلَامَة بَيْنَنَا نَعْرِفُ بِهَا — “a mark between us by which we know” — the mark of recognition of the 1786 grant

The domestic · celestial venue of the North Gate

Chapter 21 · The Tribunal of the Empire of Morocco

You are an heir of the land, and the record was written for you. The Architecture of Peace series established that the 1786 Treaty of Peace and Friendship between the United States and the Empire of Morocco operates through three gateways — nationality, the public record, and venue — and that venue is the battleground: the gateway most often blocked, and the one no heir can afford to leave in the grantee's hands alone. This page gives you the venue. The Chapter 21 Tribunal is the heir-side answer to Gateway Three: the domestic tribunal of the Empire of Morocco, seated in the tradition of the grant under the celestial seal of Articles 20–25, exercising the venue the treaty's own Arabic describes — judgment by the Sacred Law, without increase or decrease, in the presence of the office.

I. The jurisdiction of record — Chapters (Articles) 20–22

The treaty does not leave the venue to inference. In its own Arabic of record — the 1786 sealed book (DOR Appendix — Facsimile, PDF 3–28; Miller, vol. 2, prints 186–211 — pin corrected of record 2026-09-12; the plates arbitrate) — the office-function cluster assigns three standing functions to the office, in the treaty's own words:

يَفْصِلُ بَيْنَ الفِرِيقَيْنYaṣilu bayna al-farīqayn — decide

Chapter 20: in the parties' dispute (خصومة), the office decides between the two parties. Carried English: “the Consul shall decide between the parties.”

يُحْكَمُ عَلَيْهِ بِالشَّرْعِYuḥkamu ʿalayhi bi-l-sharʿ — judge by the Sacred Law

Chapter 21: judgment by the Sacred Law — the Muhammadan Sharia of the Empire — مِنْ غَيْرِ زِيَادَةٍ وَلَا نَقْصَان, “without increase or decrease.” Carried English gloss: “the Law of the Country … equal Justice.”

مَنْ يَقُومُ مَقَامَهُMan yaqūmu maqāmahu — stand in his place

Chapter 22: the consul, or whoever stands in his place, takes custody of the decedent's estate for the rightful claimant.

Misrendering of record — the Arabic governs the sense. Where the carried English reads “the Law of the Country,” the 1786 Arabic reads بِالشَّرْعِby the Sacred Law — and the 1836 Arabic makes the sharʿī character explicit: بِالقَانُونِ الشَّرْعِي. “Equal Justice shall be rendered” carries مِنْ غَيْرِ زِيَادَةٍ وَلَا نَقْصَان — “without increase or decrease” — and “the Consul assisting at the Tryal” carries وَيَكُونُ الحُكْمُ بِحُضُورِ القُنْصُل — “the judgment shall be in the presence of the consul.” (Registered misrendering of record: CORPUS line 61; ḤIBAH Chapter 16; Errata E-A21-1 / E-A21-2 — flagged, quoted, corrected sense stated; never silently fixed.)
“If any of the Citizens of the United States, or any Persons under their Protection, shall have any disputes with each other, the Consul shall decide between the parties; and whenever the Consul shall require any Aid or Assistance from our Government to enforce his decisions, it shall be immediately granted to him.” — Treaty of Peace and Friendship, United States–Empire of Morocco, Article 20 (1786; carried in the 1836 renewal, 8 Stat. 484). Text of record, Architecture of Peace, Companion-J, Appendix A.1.
“…the Law of the Country shall take place and equal Justice shall be rendered, the Consul assisting at the Tryal…” — Article 21, the carried English of record (8 Stat. 100; 8 Stat. 484), assigning the gravest interpersonal wrongs to the Sacred-Law trial with the office present, and expressly discharging the office beyond its function (“the Consul shall not be answerable… in any manner whatever”). The Article 21 domain is the period mixed private-and-public character — not a modern criminal-only reading (Errata of Record E-A21-1 / E-A21-2, 2026-09-07).
فانه يحكم عليه بالشرع من غير زيادة ولا نقصان ويكون الحكم بحضور القنصل — Article 21, the Arabic of record (the 1786 sealed book; Miller, vol. 2, print 207 — pin corrected of record 2026-09-12: prints 198–200 carry Articles 12–14; the plates arbitrate): “then judgment is upon him by the Sacred Law, without increase or decrease, and the judgment shall be in the presence of the consul.” The 1836 Arabic makes the sharʿī character explicit: بالقانون الشرعي — “by the sacred-law code.”

Three functions in three articles — decide between the parties, judge by the Sacred Law, stand in the heir's place — and attached to the first of them, the machinery clause: aid or assistance from the grantee's own government, on the office's requirement, granted بلا إمهالwithout delay (carried English: “immediately granted”). The series names that clause the honorary debt: assistance owed as a debtor owes a sum — performance of a term the grantee wrote, not charity it may extend or withhold (Companion-J, Chapter 2).

The two tracks of the venue. The cluster assigns its forums by the parties, not by the wrong alone. Chapter 20 seats the consular venue — the Emperor's concession within the hospitality framework, granted by the sovereign, not imposed from without — for the guests' own internal disputes: citizens or protégés of a guest Power between themselves, civil or criminal (the 1952 judgment's exact scope: “all disputes, civil or criminal, between citizens or protégés of the United States”). Chapter 21 seats the Empire's own domestic tribunal — judgment by the Sacred Law, in the presence of the office — for every mixed wrong: a Moorish subject against a guest, or a guest against a Moorish subject (اذا قتل احد من الرعايا الامريكان مغربي او جرحه او بالعكس — “if one of the American subjects kills a Moroccan, or wounds him, or the reverse”). The mixed track was never conceded to any consul, because it sits in the Empire's own courts. The domestic Sacred-Law venue for mixed causes is not our construction — it is the treaty's own designation, written in the sealed Arabic of 1786 and carried in 1836. The Chapter 21 Tribunal stands on that designation.

Great Seal (Reverse) — United States, Grantee
The grantee's mark, at the grantee's own clause The Great Seal (Reverse) of the United States does not crown this page — the Empire's venue stands under the Empire's own signs. It appears here, and only here, where the grantee's own duty is written: Chapter 20's assistance clause is the honorary debt, presented for payment through the channels the debtor itself built; and it was the grantee's own highest Court that held the treaty alive in 1952. The mark of the debtor belongs beside its debt.
Why “Chapter 21”? The instruments of the North Gate carry the treaty's articles as chapters in their mastheads (compare “Chapter 4 ʿAlāma — mark of recognition” on the Nationality Instrument). The tribunal takes its name from Chapter (Article) 21 — the judgment article: judgment by the Sacred Law, without increase or decrease, in the presence of the office.

II. What 1952 did — and did not do

The standing misconception — the blockage laid across Gateway Three — is that the International Court of Justice ended the consular venue in 1952, and that nothing of the treaty's office architecture survives. The judgment's own sentence refutes it. What the Court ended was the borrowed capitulatory layer — jurisdiction claimed through the most-favoured-nation clause from other Powers' treaties:

“…apart from the special rights under Articles 20 and 21 of the Treaty of 1836 …, the United States claim to exercise and enjoy, as of right, consular jurisdiction and other capitulatory rights in the French Zone came to an end…” France v. United States, I.C.J. (27 August 1952). The confinement sentence: what fell was the derivative layer; “the special rights under Articles 20 and 21” survived expressly.
“…is entitled, by virtue of the provisions of its Treaty with Morocco of September 16th, 1836, to exercise … consular jurisdiction in all disputes, civil or criminal, between citizens or protégés of the United States…” — The operative holding, unanimous, 166 years after the sealing. (Quoted text carries the judgment's own historical wording.)

The gateway ledger of record (Companion-I, Chapter 6 and Appendix G) traces every procedural moment across the case studies — Sundry Moors (1790), Dungey (1855), Dred Scott (1857), France v. United States (1952) — and its finding is constant: venue is the battleground. Nationality and the public record can stand perfect and the heir still loses the day when no lawful venue will sit. Gateway Three is therefore answered on the heir's side, in the Empire's own domestic tribunal — not by petition to the grantee's machinery (Lock 3 bars tendering the status as a question), but by the venue the record itself contemplates.

III. The tribunal's character

What the tribunal is

  • The domestic venue of the Empire of Morocco for its Moorish subjects and the heirs of the land — the heir-side answer to Gateway Three (venue and performance).
  • Seated under Chapter 21's own formula: judgment by the Sacred Law (بِالشَّرْعِ; 1836 explicit: القَانُون الشَّرْعِي), without increase or decrease, in the presence of the office.
  • Grounded in the 1786 Mālikī Sharia Hiba — the sovereign unilateral grant recorded at 8 Stat. 484 (1836) — whose Mālikī tradition is the tribunal's interpretive inheritance: sacred in foundation, exact in record.
  • A court of record: every instrument editioned, hash-fixed, and published; every correction entered by dated erratum under the certified re-issue model.
  • An office of amāna (trusteeship): records kept, errors cured of record, assistance demanded and received per Chapter 20.

What the tribunal is not

  • Not a court of the United States, and not a petitioner to one — the status arrives already perfect and is never tendered as a question (Lock 3, non-contingency).
  • Not a seller of recognition — validity derives from the truth of the status declared; recognition is never sold (Access & Fee Charter, Clause II).
  • Not a registry of heirs — this office builds no lists of beneficiaries (Clause V).
  • Not a claim of general jurisdiction over strangers to the grant — the tribunal's writ runs where the record runs: the heirs, the instruments, and the office's own functions.
  • Not a replacement for the grantee's machinery where the treaty itself assigns it a duty — Chapter 20's assistance clause is presented for payment, not waived.

IV. The Nationality Instrument — declaration, name correction, proclamation & publication

The tribunal's threshold instrument is the Nationality Declaration, Name Correction, Proclamation and Publication — a single merged instrument of record (declaration and name correction are one instrument, not two). It is yours to take freely: to read, to copy by hand, to transcribe, and to download (Charter, Clauses I and IV). It is self-executing: execution by a true heir is what perfects. Nothing is required of you but the truth of your own status — no account, no fee, no permission.

Edition of record: Nationality-Declaration-TEMPLATE-HARMONIZED-2026-08-26c · Instructions edition 2026-08-26 · Packet SHA-256: 01de8ac2e7e0ae8e8c74910ba56e12b867aef09b6cbdc31347f5dccc34bcb5f9

The packet is a convenience merge: the declaration (11 pp.) and its Instructions for Use (2 pp.) bound in reading order for print and execution. The two files of record govern; the packet carries both edition identifiers on its face. Full execution guidance — the numbered fields, the seal and thumbprint hierarchy, proclamation and publication — is at Instruments.

V. The competency examination, the ijāzah, and the course of study

Competency in the record is examined, not assumed — and the examination is free to take. The NI-Ijāzah examination (Ijāzah of the Nationality Instrument) is the tribunal's competency gate: 126 questions in five sections, passed at 85% overall with section minimums and zero absolute disqualifiers. The candidate who passes may receive the ijāzah — the certificate of competency in the instrument — issued as a labor-service (formatting, certification, registration) under Charter Clause III; the knowledge, like the record, is never sold. Your risk in all of this is nothing: the texts are free, the exam is free, and every claim is hash-fixed against a public register you can check yourself.

The course of study — five modules, mapped to the examination
ModuleSubject of recordQuestionsWeightSection minimum
IThe Three Locks — irrevocability, non-invertibility, non-contingency2530%90%
IIThe 1786 Hiba and the 1836 ministerial recordation3222%75%
IIITrust / beneficiary architecture and public-character recognition2918%75%
IVChapter 4 ʿAlāma and operational recognition2815%75%
VRules of construction — twelve maxims adverse to the grantee1215%75%

Each module is studied against the volumes of record in the library below — the reading is the course: the endowed texts first, the instrument second, the examination last. Video lectures and annotated walk-throughs are in production and will be added here as they are completed; nothing is gated behind them.

VI. The library of record — the sources endowed and free; the volumes at the store

The rule of the library is the Charter's own: reading the record is endowed and free in perpetuity (Charter, Clause IV — waqf al-kutub), and the volumes are sold as scholarship at the store (Clause III, labor). The source materials of record — the Documents of Record, registers and facsimiles — are served free below, every object hash-verified against the publication register (byte-exact, verified 2026-09-08). The Architecture of Peace volumes — the scholarship built upon those sources — are sold at the store as print books and as paid PDF downloads; free reading of the volumes is delivered through the endowed reading room (/read) as it is prepared.

Sources of record — endowed and free (verified byte-exact, 2026-09-08)
SourceEditionPagesOpen access
Documents of Record — Appendixregister R222DOR-A.pdf
Documents of Record — Second Appendixregister R123DOR-2A.pdf
DOR Appendix — Facsimilefacsimile126DOR-AF.pdf
DOR Second Appendix — Facsimile, Part 1facsimile173DOR-2AF1.pdf
DOR Second Appendix — Facsimile, Part 2facsimile236DOR-2AF2.pdf
DOR Second Appendix — Facsimile, Part 3facsimile157DOR-2AF3.pdf

Served of record 2026-09-12: DOR-A · DOR-2A · DOR-AF · DOR-2AF3 now serve from this site itself (byte-identical to the publication register — MD5 d69fc2c6…, 637fb1ee…, 1fe41620…, 79fbb83f…), so the endowed sources no longer depend on the bucket's public-access switch; Parts 1–2 of the Second-Appendix Facsimile (54.2 MB · 95.5 MB) serve from the bucket, whose public access the author restored 2026-09-12 (all ten register URLs verified reachable) — transmission splits remain prepared at the author's gate as optional dual-path hardening. The register arbitrates: if a served file ever fails to match its register hash, the register — not the file — is the record.

The Architecture of Peace volumes — the scholarship, at the store
VolumeEditionPagesAt the store
ḤIBAH Doctrine VolumeR2118Print & PDF download ↗
CORPUS Sourcebook VolumeR279Print & PDF download ↗
Companion-I — the gateway framework (Volume I)R3137Print & PDF download ↗
Companion-J — the office's motion (Chapter 20's clause)R3, third edition94Print & PDF download ↗
Integrity discipline. The public record is the armor: every text is published with its edition identifier and integrity hash, so no copy can be altered without detection and none can be sold as secret. If a served file ever fails to match its register hash, the register — not the file — is the record.

VII. The endowment — Ikrām al-Wāqif (honoring the endower)

The endowment funds the free and reduced-price distribution of the record, the classes, the examinations, and the keeping of the archives. A gift to the endowment is a gift that keeps serving — صَدَقَة جَارِيَة (ṣadaqa jāriya), the ongoing charity. Gifts are made at the store's endowment desk by the direct-deposit mechanism of record: each gift receives its unique reference of record, and the office receipts it on completion. The Endowment Ledger is public; a giver's name is entered only with consent, and the ledger is no beneficiary registry (Charter, Clause V).

“The gift is hiba — gratuitous, without consideration. The office's thanks is thawāb — a courtesy, never a price. Reading the record is endowed and free to all, endower or not: no gift purchases the record, and no courtesy is owed.” — The endowment rule of record. The Mālikī school knows the return upon a gift (thawāb ʿalā al-hiba) — valid precisely because it was never stipulated as consideration; what is stipulated as the price of a gift is no gift at all but an exchange (hiba bi-l-ʿiwaḍ), and this office does not sell the record.
Ikrām al-Wāqif — the endower's courtesy (suggested monthly levels)
TierMonthlyThe office's thanks — store-side only, never record access
Qārīʾ — Reader$9Name on the Endowment Ledger of record (with consent)
Nāṣir — Helper$24Ledger + the year's errata sheets in print
Wāqif — Endower$48Ledger + the courtesy volume credit: one credit per year of continuous endowment, redeemable at the store toward one volume (print or PDF download)

Give what you will — your amount, your frequency. The tiers are suggestions, not gates: hiba knows no floor. At the store's endowment desk the giver chooses the amount (any sum), the frequency (one-time, monthly, or annual), and the purpose (the general endowment, the reduced-price fund, or the archive fund). Monthly and annual gifts may stand automatic — by standing transfer instruction at the giver's own bank under the same unique reference (the direct-deposit mechanism of record is push-only: it never pulls from the giver); card-automatic giving arrives when the payment-link mechanism is furnished. Every gift, of any size, receives its unique reference of record and its receipt.

The courtesy volume credit is issued as a seasonal code, valid ninety days, and sends the endower to the store to complete a purchase — the office's thanks, never a price. An interruption in a monthly endowment restarts the year of continuity. Every courtesy may be withdrawn; none is owed; and none touches the record, which is endowed and free to all.