Landmark Ruling Upholds Islamic Inheritance Rights
September 12th, 2024
Kano, Nigeria – September 12, 2024: In a significant legal victory for Muslim women, a Kano Shariah Court of Appeal has ruled in favor of Islamic inheritance rights, affirming the validity of Islamic marriages and the rights of wives married under Shariah law to inherit from their deceased husbands.
The ruling, delivered on August 23, 2024, in Appeal No. CA/IL/SH/1/2022, involved a case where a Muslim man, late Major Mohammed Arogun Adeniyi, had married both a Christian woman under the Marriage Act and two Muslim women under Islamic law. Upon his death, his Christian wife’s daughter, Nike Muhammed, inherited all of his properties, excluding the other wives and their children.
The Muslim wives challenged this decision, arguing that their Islamic marriages were valid and entitled them to a share of their husband’s inheritance. The case went through multiple court proceedings, with the Kwara Shariah Court of Appeal initially ruling in favor of the Christian wife. However, the Kano Shariah Court of Appeal reversed this decision, upholding the rights of the Muslim wives.
The court’s ruling emphasized the following key points:
Islamic Law’s Superiority: The court recognized the superior position of Islamic law in matters pertaining to Muslims, stating that it is a complete system of universal law that overrides customary or statutory laws in such cases.
Validity of Islamic Marriages: The court affirmed the validity of Islamic marriages, even when a Muslim man also marries a Christian woman under the Marriage Act.
Inheritance Rights of Muslim Wives: The ruling established that Muslim wives married under Shariah law are entitled to inherit from their deceased husbands, regardless of any other marriages they may have had.
The Muslim Rights Concern (MURIC) has commended legal luminary Tajudeen Oladoja (SAN) for his role in securing this landmark judgment, which has significant implications for the rights of Muslim women in Nigeria. The ruling is expected to have a far-reaching impact on future cases involving inheritance disputes in Islamic marriages.
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