An Appraisal of the Application of the Concept of Pre-Emption (Shuf’ah) under the Nigerian Laws
DOI:
https://doi.org/10.31436/iiumlj.v26i1.358Keywords:
Pre-emption (Al-Shuf'ah), Common Law, Islamic Law in Northern Nigeria, Pre-emptor, Islamic Law of SuccessionAbstract
This article discusses the applicability of the Islamic concept of pre-emption (shuf’ah) under the Nigerian laws. Pre-emption is the first right of a neighbour to purchase an immovable property. This right is available so that a stranger is not introduced as a neighbour,which may cause a hindrance to their privacy. The aim of this article is to examine the significance of pre-emption, which includes: maintenance of a peaceful co-existence in a society; realization and protection of neighbours right; and ensuring the consent of new neighbour over the new owner. In this article, the concept of pre-emption is analysed in the context when it is applied to the Islamic law of succession. Aside from that, the article also looks into the intricacies of its application in Northern Nigeria.
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