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As A Muslim, You Cannot Share Your Properties The Way You Like in Your Will - Here's The Reason Why

Generally in Nigeria, every person has a right to share his property in the manner and way he likes, and to whoever he chooses during his lifetime. However, when he dies, there are limits on that freedom by certain laws in some states in the country when such individual has made a will concerning how his estate should be shared.

By the principles of Islamic law, a testator (the owner of the will) cannot dispose of more than one third of his properties without the consent of his legal heirs. This restriction on the testamentary freedom of an individual is codified in certain laws.

They are: The Wills Law of Kaduna, The Wills Law of Oyo State, The Plateau State Wills Edict, The Bauchi State Wills Law, The Kwara State Wills Law, and The Jigawa State Wills Law.

Section 2 of the Wills Law of Kaduna provides that:

"It shall be lawful for every person to bequeath or dispose of by his will executed in accordance with the provisions of this law, all property to which he is entitled, either in law or equity at the time of his death. This provision shall however not apply to the will of a person who immediately before his death was subject to Islamic law".

A person who was well known as a Muslim and subject to Islamic law during his lifetime cannot dictate how all his estate and properties would be shared after his death. Under the Faraid Rules of distribution, there are certain Islamic restrictions. Some of them are:

1. Only legal heirs can inherit from the majority (two third portion) of the estate of the deceased.

2. The testator has no power to increase or reduce the share of each legal heir under fariad

3. A person who renounces Islam cannot benefit from a Muslim Will

4. An organisation or charity hostile to Islam cannot benefit from a Muslim Will

5. A non Muslim can only inherit from the one-third portion of a Muslim will

Content created and supplied by: Busayomi (via Opera News )

Islamic Kaduna Nigeria Oyo State Wills Law


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