Preface

113
Issue No. (3) Which reads: whether or not the sharing formula adopted by
the learned trial Cadi in distributing the estate conforms with Islamic principles of
inheritance.
Having dealt with issues numbers 1 & 2, I have in the process of doing that
dealt with many part of this issue. It suffices, however, to say that the sharing
formula adopted by the lower court came under attack by ground of appeal number
3. In this ground the appellant said:
3. The Cadi was wrong in law when he gave the second respondent a compound
without taking into consideration the second respondent is only a half sister of
the first respondent and has no right to inherit any property of her late husband
Adamu Aliu Ceesay.
In his judgment the trial Cadi on page 6 has made this pronouncement:
''.... No 25 Allen Street property value at D1,3000,000= we therefore
calculated and concluded that the that the said property to be
allocated to the widows to be their share. No 25 Allen Street is now
given to Rohey Ceesay and Fatou Ceesay respectively the rest of the
properties at Fajara and Old Yundum to the two sisters Amie Nije
and Ramatoulie Nje Ndow respectively as their share as there are no
other other inheritors beneficiaries.''
It should be appreciated that in Islam, administration of the deceased
person’s estate and sharing formula of the estate among his heirs and determination
of who among his relations will inherit him and many other related issues were
divinely resolved by Almighty Allah in the holy Qur'an and detailed explanation of
that came from the prophetic traditions. It is on the basis of textual authorities of