THE ELIGIBILITY CODE OF SPECIAL HEIRS TO INHERIT IN ISLAMIC LAW OF INHERITANCE: THE CHALLENGE OF MODERN SCIENCE TECHNOLOGY AND THE 1999 NIGERIAN CONSTITUTION

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. 

Heirs' eligibility to inherit is based on set-out grounds and
conditions by Islamic law. The law is categorical on the
unacceptability of the use of modern science and
technology in establishing the conditions. Among the setout impediments or constraints to inheritance, four appear
to be in conflict with Sections 38 (1) and 42 (2) of the 1999
Nigerian Constitution. Therefore, there is need to refashion
them to allow for proper and free application of the
constraints, including trial for homicide cases to establish
the guilt of heirs in the issues of inheritance in the Sharia
Court of Appeal rather than English Courts. This can be
achieved by expanding the jurisdiction of Sharia Court of
Appeal to cover criminal cases in inheritance matters or to
terminate all Islamic personal law in the Sharia Court of
Appeal.

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