WOMEN’S INHERITANCE RIGHTS UNDER ISLAMIC LAW IN NIGERIA: BETWEEN RELIGIOUS NORMS, CUSTOMARY PRACTICES, AND ADR REMEDIES
Loading...
Date
2025-09-03
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
KWASU LAW JOURNAL
Abstract
Despite the clear provisions of Islamic law guaranteeing women’s rights to inheritance, many
Muslim women in Nigeria are routinely denied their lawful entitlements. This denial is often
perpetuated by patriarchal customs, cultural misinterpretations of Islamic injunctions, and
institutional barriers that hinder access to formal justice. Traditional litigation processes are
frequently inaccessible or unsuitable for women seeking redress, while alternative dispute
resolution (ADR), particularly sulh (Islamic mediation), remains underutilized as a tool for
resolving inheritance disputes in a gender-sensitive manner. This paper interrogates the gap
between Islamic legal prescriptions and the lived realities of Muslim women in Nigeria regarding
inheritance. It aims to: (i) examine the normative framework governing female inheritance rights
under Islamic law; (ii) identify the socio-cultural and legal challenges inhibiting enforcement of
those rights; and (iii) assess the potential of ADR, especially faith-based mechanisms, in
promoting fair and equitable dispute resolution. The paper adopts a qualitative methodology,
drawing on doctrinal analysis of Islamic jurisprudence and Nigerian legal instruments, as well as
field-based insights from interviews with scholars, practitioners, affected women, and community
mediators. The paper contends that an inclusive and culturally grounded ADR framework can
serve as a viable pathway for actualising Muslim women’s inheritance rights in Nigeria, and calls
for reforms to integrate Islamic principles of justice with accessible, gender-responsive dispute
resolution mechanisms.
Description
Keywords
Citation
4(1)