Law of Succession: Towards a Single System of Law in Western Nigerian
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Date
2022
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Publisher
European Journal of Law and Political Sciences
Abstract
The law of succession basically deals with methods of distributing property left behind by the deceased person. When a man dies, the devolution of his self-acquired property depends upon whether he has a will or not. If he has made a will, the property devolves according to the dictate of his mind through the will. If no Will exists, that is, under the condition of intestacy, his property devolves according to the customary law applicable to the deceased. The situation becomes complex where deceased who during his life time was a religious person and practice Islamic religion. Islamic law of succession is not a law made by legislators hence, its operation is not regulated by any human endeavor. Islamic law of succession is a divine law and it has to be applied as contained in Holy Quran and Sunnah of Prophet Muhammad (SAW). Problem about the applicable choice of law is more pronounced and common under intestacy. Conflict and choice of law thus, exist in the methods of distribution under various customary laws. Uncertainties associated with applicable choice of law allow some to inherit while others do not. These practices in respect of property inheritance under customary law particularly in the six states of the Western Nigeria manifest in different forms and shapes but eliminating these conflicts between succession laws in Western Nigeria shall be the focus of this research