AN EXAMINATION OF THE APPLICATION OF ISLAMIC LAW OF SUCCESSION IN NORTHERN NIGERIA: THE EVOLUTION OF UNWANTED PRACTICES

This paper examines the challenges and new evolution in the implementation of Islamic law of succession in northern Nigeria. Proper implementation of Islamic law of succession is an obligatory ‘ act to all Muslims as an Ummah. This denotes that, this aspect of Islamic law must be looked after and protected by the whole Ummah. In any situation where there is abnormality evolving in the distribution of a Muslim estate, it is the duty of the Muslims to provide solutions to such problems and to make sure this aspect of Islamic law is properly implemented. With this background in mind, some recent practices evolving in most Muslim communities, including Northern Nigeria, constitutes a major challenge in giving women and children their rightful shares in the distribution of an estate. Notably, the habit of refusal to write a will (Wasiyyah) by the deceased generates a lot of dispute over the ownership of certain properties after the demise of the owner. Unnecessary delays in the distribution and practices of leaving properties for the common use of all the heirs are another unwanted evolution in the implementation of Islamic law of succession. Some cases, where the distribution is carryout, it is not properly done, as erected buildings and farm lands are exclusively distributed to the male heirs, with the women given monetary compensations, without any consultation. This is another way of denying them their rightful shares.