Department: Religions, History and Heritage Studies
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1
AN EXAMINATION OF THE APPLICATION OF ISLAMIC LAW OF INHERITANCE IN KWARA STATE SHARĪCAH JURIDICAL COURTS,1994-2015
Abstract
Inheritance also known as succession or estate distribution is common to virtually all tribal cultures and all revealed religions. While it is a tradition in tribal cultures and a system in other religions, it is a law in Islam with profound bases in the Qur’an and the hadīth. Muslims are under obligation to follow the Islamic injunctions when distributing the estate of the deceased. Apart from individual Muslim scholars and certain organizations in Nigeria that embark on estate distribution, Sharīcah juridical courts equally embark on estate distribution. TheSharīcah juridical courts in Kwara State are apt examples. The Kwara State Sharīcah Court of Appeal even has a department solely established for estate distribution. This study is an examination of the Application of the Islamic of Islamic Law of inheritance in Kwara State Sharīcahjuridical courts from 1994 to 2015. The main objective of the study is to examineand review cases of inheritance decided by the Area Courts and the Sharīcah Court of Appeal as contained in their records of proceedings and Annual Reports respectively. This is with the aim of ascertaining the correctness or otherwise of the courts’ decisions and the level of competence of the presiding judges. Historical, exegetical and analytical research methods with interpretative approach are utilised in carrying out the study. The study reveals that while some distributions are accurate and carried out meticulously, there are many others that are laden with calculation errors and wrong distribution. The study also reveals that the Area Court judges show lower competence compared to their counterparts in the Sharīcah Court of Appeal. The study therefore concluded and suggested that there is the need for the Sharīcah juridical court judges especially those at the Area Courts to update their knowledge of estate distribution; and that those at the Sharīcah Court of Appeal should be more meticulous when distributing estates.
