Shari’a court dissolves 2 years property transaction, grants co-owner right of first purchase
A Shari’a court ll sitting at Magajin Gari, Kaduna, on Monday dissolve a property transaction between one Mustapha Idris and Firdausi Adam based on Shuf’ah, the right of pre-emption.
The Judge, Malam Yakubu Abdullahi also ruled that the complainant, Hadiza Idris, should purchase the property that had earlier been sold out without her knowledge at the same amount paid earlier.
“The complainant had told the court that she wasn’t aware of the transaction for two years until recently, a claim not contested by the two defendants.
“Also the court has confirmed that there are some parts of the house that have not been divided which makes inheritance sharing incomplete “, he said.
According to Islamic law, Shuf’ah is the right of pre-emption. It allows a co-owner or , in some cases, a neighbouring property owner to purchase a property before it is sold to an outside party.
The purpose of Shuf’ah is to prevent harm, disputes, or inconvenience that may arise when a stranger acquires an interest in jointly owned property.
Earlier, the complainant had filed a suit against her brother, they inherited their late parent’s house together for selling a room belonging to him without her knowledge.
Idris told the court through her counsel Jamilu Sulaiman, that the inheritance was shared but they still share the same compound and toilet saying bringing a stranger to the house has caused her discomfort.
“I had shown interest in buying the room but he went behind my back and sold it to another woman”, she said.
On his part, the first defendant said he was not aware that his sister had wanted to buy the room located at house No AB8, Minna road, Tudun Nufawa Kaduna.
His counsel, Y.A Bulama, argued that inheritance had already been shared with everyone getting his or her own share, adding that the complainant had no right for Shuf’ah.
He cited a hadith of Prophet Muhammad (PBUH) which stated that “the right of pre-emption (Shuf’ah) applies to property that has not been divided”.
On her part, the second defendants who bought the room said that the transaction was legal and the property belonged to her.
She however, told the court through her lawyer H.M Bala, that she can sell the room to the complainant at the rate of N5 million.
The report states that the court had visited the property and confirmed that the two parties share same compound, fence and toilet and concluded that the inheritance division had not been concluded.