Intestate Succesion Under Islamic Law: An Analytical Perspective

Intestate Succesion Under Islamic Law: An Analytical Perspective

Author by Mr. Adetayo Ademola Taiwo

Journal/Publisher: Babcock University Socio- Legal Journal

Volume/Edition: 10

Language: English

Pages: 208 - 228

Abstract

Distribution of the deceased estate is one of the common and fundamental roles played by the family, religious body and designated trustees or administrators. Under the Law of Intestate succession, the administrators of deceased intestate have the responsibility of determining the formula to be applied in distribution of the estate to the beneficiaries particularly under customary or Islamic law.  Islamic mode of distribution of deceased asset is the main focus of this paper. This modus operandi for distribution of the deceased Muslim estate is determined strictly by the Holy Quran and must be followed strictly by the believers. The paper uncovers how Quran relieves female child and wives from discrimination and denial from inheriting their fathers and husbands estates. This Quranic stance against discrimination is in consonance with Sections 42 (1) and (2) of 1999 Constitution of Federal Republic of Nigeria (as amended). This is contrary to the practice of the pre-Islamic period and against what was obtainable in the pre-Colonial era among uneducated masses in Africa and particularly in South-west Nigeria. While acknowledging the equitability and uniqueness of the Sharia mode of distribution of property, the paper recommends its general adoption among the Muslims in South-west Nigeria. This is possible through enlightment and establishment of Sharia Courts and Sharia Court of Appeal to adjudicate and enforce the decisions in respect of distribution of estate in accordance with Quranic injunction.

 

                                                           


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