THE ISLAMIC PRINCIPLES OF INHERITANCE AND RESISTANCE ATTITUDE OF MUSLIMS IN THE APPLICATION OF THE LAW: HYPOTHESIS OF SOME JUDICIAL RULINGS

Abstract

The subject of inheritance remains a vital tool in the redistribution of wealth from a deceased to a living person(s). From the time immemorial succession or inheritance is known to create grudges and hostilities among siblings and family relations as a result of either greed from one person or group of persons or that the rules most especially among the indigenous customary practices creates vacuum for injustice, domination and over concentration of wealth in a single hand or a very few hands of people at the expense of the others. The Islamic Law established the most defined, elaborate and equitable principles of inheritance, attention were clearly and cleverly paid to all classes of persons who mature places in the affection of the deceased either on ground of blood or affinity. Notwithstanding the long time settled position of the Islamic Law whose subject are Muslims, seems either not understanding the embodiment of the Islamic Law of Inheritance or that many Muslims take pride in the resistance to the application of the Islamic Law of Inheritance in the circumstances of the distribution of the estate of the deceased Muslim. This paper discussed cardinals of Islamic principles of inheritance and the resistance attitude of the Muslims with reference to some judicial rulings. If you found that many people are found in these identifies problems as a result of lack of adequate knowledge and enlightenment on this subject among the Muslims. It therefore makes it imperative that there should be an organized mass campaign to educate and enlighten Muslims at various fore as lectures, Friday sermons and other public gatherings. This research adopted library literatures examination and oral interactions with a number of people among the youth Muslims.