2023 Journal VoL. 8 - Journal
11 Articles foundTHE ELIGIBILITY CODE OF SPECIAL HEIRS TO INHERIT IN ISLAMIC LAW OF INHERITANCE: THE CHALLENGE OF MODERN SCIENCE TECHNOLOGY AND THE 1999 NIGERIAN CONSTITUTION
Author(s): Professor Umar S. Abbo Jimeta (new)
Heirs' eligibility to inherit is based on set-out grounds andconditions by Islamic law. The law is categorical on theunacceptability of the use of modern science andtechnology in establishing the conditions. Among the setout impediments or constraints to inheritance, four appearto be in conflict with Sections 38 (1) and 42 (2) of the 1999Nigerian Constitution. Therefore, there is need to refashionthem to allow for proper and free application of theconstraints, including trial for homicide cases to establishthe guilt of heirs in the issues of inheritance in the ShariaCourt of Appeal rather than English Courts. This can beachieved by expanding the jurisdiction of Sharia Court ofAppeal to cover criminal cases in inheritance matters or toterminate all Islamic personal law in the Sharia Court ofAppeal.
Preliminary Pages Volume VIII, No. 1 December, 2023
Author(s): UNIMAID JICOL
Volume VIII, No. 1 December, 2023
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