Islamic law of succession in Misau, Bauchi State, Northern Nigeria : implementation and challenges

Abstract

This dissertation examines the challenges for the proper implementation of Islamic law of succession in Misau, a local government in Bauchi State of 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 Misau and the rest of 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 to carry out the distribution of a deceased estate, ends up depriving some heirs their legal shares. The practices of leaving properties for the common use of all the heirs, is another challenge to the proper implementation of Islamic law of succession in Misau. In some instances the estate will remain undistributed, with some of the heirs making use of it, to the exclusion of others, mostly, married women (who are away in their husband’s houses). In 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.