Application of Islamic Law of Inheritance in Kwara State Shari‘ah Court of Appeal: A General Survey

Abstract

Acquisition of wealth is one of natural phenomenon in human life. It is equally natural that at the point of death, one would leave some of its acquired properties which in turn become properties of other people. Tradition of sharing such estate differs from one culture to another. Islam as a system that determines the totality of Muslim life has distinct itself from other systems in its comprehensive provision for divine system of inheritance. Islamic law of inheritance is a commandment of Allah derived from the verses of the holy Qur’ān, which describes the rightful beneficiaries of inheritance and their portions in details. Among some contemporary Nigerian Muslims internecine scramble for the distribution of the property of a deceased person has become a serious societal problem that requires profound attention. In this regard the Kwara State Shari‘ah Court of Appeal has contributed positively on inheritance cases among the Muslims in Kwara State. Therefore, this paper aims to appraise the application of Islamic law of inheritance in Kwara State Shari‘ah Court of Appeal with a view to determining the level of impact on the Muslims. The study adopts historical and descriptive methods. Though the law remains accurate and standard, yet human imperfection allows some error of calculation and application of the law.