AN EXAMINATION OF THE NATURE AND OPERATIONS OF ISLAMIC AND STATUTORY LAWS OF TESTATE SUCCESSION IN KADUNA STATE, NIGERIA

  • Ahmadu Seidu Maliki Department of Sociology, Ahmadu Bello University, Zaria, Nigeria

Abstract

This study investigates and analyzes the nature, content, character, scope of operation, and relationship, between Islamic and statutory Laws of testate succession with a view to demonstrating the implications for family and social stability in a Muslim society. It probes the awareness, perception, preferences and satisfaction of Muslim citizens in Zaria town (in Kaduna State of Nigeria) with the two laws. The research problem revolves around the relationship between the two bodies of law, what happens in case of conflict, and the citizen’s preferences in matters of succession. The study employs essentially doctrinal (review of statutory and case laws) methods supplemented by an empirical survey (interviews). Among the major findings is that the respondents prefer Islamic laws of succession and would prefer that it is given pre-eminence over statutory law. The paper recommends inter alia, that government should embark on a massive public awareness to sensitize citizens on rules of succession, even while retraining lower court judges for a better exercise of judicial discretion in succession matters.

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Published
2012-06-29
How to Cite
Maliki, A. S. (2012). AN EXAMINATION OF THE NATURE AND OPERATIONS OF ISLAMIC AND STATUTORY LAWS OF TESTATE SUCCESSION IN KADUNA STATE, NIGERIA. European Scientific Journal, ESJ, 8(13). https://doi.org/10.19044/esj.2012.v8n13p%p