Preface

34
estate among his heirs, this property will be sold. In the same manner, if he leaves
more than a thousand compounds and 17 children for example, then an inheritor
can receive more than one compound on that and this, he argued, is in line with
Islamic teaching. The attorney also submitted that distribution in line with the
appellant’s attorney’s submission is only possible where the inheritors were limited
only to the families of Hauwa Sillah and Fanta Drammeh but since there are other
inheritors that procedure of each inheritor getting his or her share from each
compound is not possible. He maintained that the lower Islamic Court was right in
applying this method which will relieve and satisfy all.
On the final reply by the appellant, her attorney reacted to the issue of a
deceased who left inheritors and a thousand compounds by submitting that, that
situation is different from the case at hand. That the similitude of the instant
situation is as where a deceased died leaving copies of the Holy Quran and copies
of a book of jurisprudence called Al-Risala of Abi Zaid Al-Qairawani to be
inherited among his heirs.
There was allegation of forgery of the report of valuation by the appellant
and the Panel decided to invite the valuer by name Mr. Wally Ndure to appear in
court on 27/2/2008 for purposes of confirming or rejecting the report. The valuer
on perusing the documents told the court that there was forgery in the figures and
signature and the panel instantly decided to set aside the report of the valuation
which is attached to the record of proceedings of the lower court on the grounds of
doubts over its authenticity on the principle that “evidence is invalidated if
shrouded in doubt” and the Panel instructed that another valuation of the two
compounds be conducted in accordance with the Appellant’s request. See Alwajiz
Fi Idahil Qawaidil Fiqhiyyal Kulliya by Dr. Muhammad Sidqi Page 216. See Also
Alfatawal Kubrah by Ibn Taymiyyah Vol. 2 Page 121.