EFFECT AND VALIDITY OF  A SALE UNDER ISLAMIC LAW BY A PERSON NOT BEING THE OWNER

EFFECT AND VALIDITY OF  A SALE UNDER ISLAMIC LAW BY A PERSON NOT BEING THE OWNER

“I entirely agree however that the law is very clear that a person in Islamic Law, has no power, unless where such power is expressly conferred on him, to sell the property, chattels etc. of another. Where he has done so, the sale can be avoided at any time provided the owner of the thing does not ratify the transaction. The Prophet (PBUB) is reported to have warned Halim bn. Hizam that:    
“You should not sell anything that does not belong to you”.
Reported by Ibn. Majah and Tirmidhi. 

Thus, unless there was ratification by the Respondent of the Appellant’s sale the question of compensation could not have arisen – as it has no basis. There is no doubt that, the Respondent is entitled to recover his two houses in addition to other things claimed to have been entrusted to the Appellant and which trust the appellant admitted.”

The above was held in the case of
BULAMA & ANOR v. BULAMA (2000) LPELR-10370(CA)

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