An Heir Or Executors Of A Deceased Muslim’s Estates Does Not Have To Obtain A Letter Of Administration From A High Court Probate Registry

By Hameed Ajibola Jimoh Esq.

• BACKGROUND OF THE ARTICLE:

There have been occasions where a Muslim subject to the Islamic Personal Law would die (whether having written his Will before his death or did not write a Will) and his heir or his executors or next-of-kin would require to acquire or trace all his estates with the intention of gathering same for the purpose of distribution according to his Will and or the Islamic Law of Inheritance as already being Divinely distributed by Almighty Allaah in the Holy Quran or according to Islamic Law of Inheritance. In this instance, these heir(s) or executors encounter issues of; for instance; in the case of money in commercial bank account; recovery of real or immovable estates such as land rented out to tenants; shares to which the deceased Muslim was prior to his death entitled to and which are still his entitlement(s) upon his death; moneys or entitlement at his place of work(s); insurance packages; etc; in this instance, such heir or executors are directed by the debtor or commercial bank or persons holding the estates to approach a High Court Probate Registry to obtain a letter of administration before such estates could be released to the heir(s) or executors, as regards movable items or estates and the High Court Probate Registry has always taken this action. Also, in regard to immovable estates i.e. land, there are some controversies that it is the High Court Probate Registry that must issue a letter of administration before any heir or executors could take control of such estates. This article analyses and assesses the question asked by this paper that ‘DOES AN HEIR OR DO EXECUTORS OF A DECEASED MUSLIM’S ESTATES HAVE TO OBTAIN A LETTER OF ADMINISTRATION FROM A HIGH COURT PROBATE REGISTRY TO ADMINISTER THE DECEASED’S ESTATES HAVING REGARD TO THE ISLAMIC PERSONAL LAW IN NIGERIA?’

• INTRODUCTION:

Distribution of estates upon the death of a Muslim is a matter under the Islamic Law of Inheritance. The Quran refers to Miiraath (Inheritance) in about thirty-five verses. For instance, the Quran says in Quran 3:180 thus

‘To Allaah belongs the inheritance of the heavens and the earth; and Allaah is well acquainted with all that you do’.

Prof. Abdur Rahman I. Doi in his celebrated book ‘SHARI’AH: THE ISLAMIC LAW’, Ta ha Publishers Ltd., London, United Kingdom, 1984/1404, reprinted 1997, at pages: 271-272, thus

‘In legal terminology, Miiraath means inheritance to be divided from the property of the deceased among his successors. The science of Miiraath in Shari’ah gives rules which guide as to who inherits and who is to be inherited, and what shares go to the heirs. Thus, one of the most important branches of the Islamic Family Law is that relating to inheritance. The death of a person brings about transfer of most of his rights and obligations to persons who survive him and are called ‘wuraatha’, that is ‘heirs’ and representatives. Just as inheritance is called Miiraath in Arabic.

The transmissible rights include all rights to property as well as rights connected with property, and other dependent rights, such as debts, rights to compensation, etc. There are also the transmissible obligations those which are capable of being satisfied out of the deceased’s estate. What is left after the last needs of the deceased have been satisfied, obligations and debts, is to be distributed according to the law of Miiraath as defined in the Quranic injunctions.

The rules regulating inheritance in Shari’ah are based on the principle that property which belonged to the deceased should devolve on those who by reason of consanguinity or marital relations have the strongest claim to be benefited by it and in proportion to the strength of such claim. The deceased may, however, leave more than one person so related to or connected with him that it would be difficult to say with regard to any one of them that his claim should altogether supersede that of the others. It is laid down in the Quraan ‘of your parents and sons you do not know which of them are the nearest and of most benefit to you’. (See: Quran4:11). Islamic Shari’ah in those cases distributes the estate among the claimants in such order and proportions as are most in harmony with the natural strength of their claims.’

To the extent of the above, the essentials of Islamic Succession are: deceased person; heir; and estate. In other words, Islam has made laws governing the inheritance of the estates of a deceased Muslim.

The word ‘succession’ has been interpreted to include any property of a deceased Muslim that is distributable to the legal heirs in Hajaig v Yusuf (2020)4 NWLR (Pt. 1713) p. 164 at p. 178 paras, F-G that;

“Jurisprudentially, the term ‘Mirath’ (succession) specifically denotes any property or right, legal or equitable, distributable to the legal heirs of a person upon the demise of a praepositus person”

• THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) AS THE FOUNDATION FOR THE MUSLIMS’ RIGHTS TO RELIGION AND PRACTICE OF RELIGION IN NIGERIA.

Apart from the International Laws such as the African Charter on Human and People’s Rights (as an International Law to which Nigerian is a signatory and had adopted same as binding in Nigeria) which guarantees the right of every person to ‘religion’, which provides in Article 8 thus ‘Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.’ ^[I]underlining is mine for emphasis) which includes the Muslims in any country), the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution- has … Continue reading and under the Nigerian Constitution, is not an item on the Exclusive or Concurrent or Residual Legislative List respectively, rather, it is a Law made pursuant to the Constitution itself. So, nothing in any statute or Law whether an Act of the National Assembly or a State Law can prevail over the provisions of the Constitution (and in this instance, on the Islamic Personal Law).

For instance, section 14(2)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (amended)-herein after referred to as the Constitution- has provided that the people are the sovereign entity and the final authority in the country when it provides as follows

‘It is hereby, accordingly, declared that – (a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority;’.

And this constitutional supremacy is reechoed by the provisions of the Constitution in section 1 of the Constitution as follows

‘1(1) this Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(2) the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void’.

This, in my humble view, means that whatever that is done by any person or authority against the Will of the people or in other words, against the Constitution shall to such extent of its inconsistency be void.

In INEC v. Musa (2003) 3 NWLR (pt. 806) 72 it was held that:-

‘1. The Constitution is supreme, and the validity of any provision will be tested by the following interrelated propositions, that is: (a) All powers, legislative, executive and judicial must ultimately be traced to the Constitution; (b) The legislative power of the legislature cannot be exercised inconsistently with the Constitution where it is so exercised, it is invalid to the extent of such inconsistency; (c) Where the Constitution as enacted exhaustively in respect of any situation, conduct or subject, a body that claims to legislate in addition to what the Constitution has enacted must show that it has derived the legislative authority to do so from the Constitution. (d) Where the Constitution sets the condition for doing a thing no legislation of the National Assembly or of a State House of Assembly can alter those conditions in any way, directly or indirectly, unless the Constitution itself as an attribute of its supremacy expressly so authorized, P. 157. Provisions in a Constitution are of equal strength and constitutionality. No provision is inferior to the other, and a fortiori, no provision is superior to the other. See INEC v. Musa (2003) 3 NWLR (pt. 806) 72.”.

Also, Section 13 of the Constitution which provides for the Fundamental Objectives and Directive Principles of State Policy provides thus:

‘13. It shall be the duty and responsibility of all organs of government and of all authorities and persons, exercising legislative, executive or judicial powers to conform to, observe and apply the provisions of this Chapter of this Constitution’.

In Nafiu Rabiu v. Kano State , (1980) 8-11SC 130 at pp 148-149, Udo-Udoma, JSC, (as he then was) re-emphasised the concept of constitutional supremacy in the following words:

‘… it is the duty of this Court to bear constantly in mind, the fact that the present Constitution has been proclaimed the supreme law of the land, that it is a written, organic instrument meant to save not only the present generation, but also several generations yet unborn; that it was made, enacted and given to themselves by the people of the Federal Republic of Nigeria in Constituent Assembly assembled-for which reason and because it is autochthonous, it, of necessity, claims superiority to and over and above any Constitution ever devised for the governance of this country-the unwarranted intermeddleness of the military authority with some of its provision notwithstanding; that the function of the Constitution is to established a framework and principles of government, broad and general in terms, intended to apply to the varying conditions which the development of our several communities must involve, ours being a plural dynamic society….’.

The Supreme Court of Nigeria has held in A.C.B. V Losada (Nig.) Ltd. (1995) 7 NWLR (pt.405) 26 thus:

‘It has never been the case in our laws that the provisions of any ordinary statute would render nugatory the relevant provisions of the constitution. Therefore, if any law of the State including a subsidiary legislation… is inconsistent with the provision of the constitution, the provision of the constitution prevails and that State law is to the extent of inconsistency void’. It was also held in Achu v C.S.C. Cross Rivers State (2009) 3 NWLR (pt. 1129) 475, where the court held thus: ‘The provisions of an ordinary statute would not render nugatory the relevant provisions of the constitution’.

Therefore, in my humble submission, no law (or the Constitution) confers such powers of issuing Letter of Administration over a deceased Muslim’s estates whose estates are subject to Islamic Personal law, on a High Court Probate Registry; and assuming but without conceding that such law was statutorily made, such law would have been unconstitutional, null and void and of no effect. See: sections: 1, 2 and 3 of the Constitution. I therefore humbly challenge such High Court Probate Registry to prove otherwise than what I have argued against its powers of issuing Letter of Administration over a deceased Muslim’s estates whose estates are subject to Islamic Personal law!

Furthermore, I humbly submit that the non-establishment of Islamic courts in a State, is not tantamount to application of customary law to the estates of the deceased Muslim.

Therefore, it is my humble submission that it is wrong, without legal basis and unconstitutional for any commercial bank or the deceased work place (or employer) or person keeping custody or holding custody of estates of a deceased Muslim who is by ‘facts and or evidence’ subject to Islamic Personal Law, for instance, in the case of money in commercial bank account; recovery of real or immovable estates such as land rented out to tenants; shares to which the deceased Muslim was prior to his death entitled to and which are still his entitlement upon his death; moneys or entitlement at his place of work(s); insurance packages; etc. to direct the heir(s) and or executors of such Muslim’s estates to approach a High Court Probate Registry to obtain a letter of administration before such estates or benefits etc., could be released to the heir(s) or executors, as regards movable items or estates. Also, this my submission has settled the controversies in regard to immovable estates i.e. land, that it is the High Court Probate Registry that must issue a letter of administration before any heir or executors could take control of such estates. This issue of requirement for a letter of administration is not and or does not apply to Islamic Personal Law. See: Hajaig v Yusuf (supra) and other legal submissions that I have made in this paper.

To this extent, it is my humble submission that where a Muslim who is subject to Islamic Personal Law (and or whose estates are covered by the Islamic Personal) dies, and those estates are in a particular State that has Islamic Courts or Area Courts or Sharia Courts established for Islamic Personal Law matters:

1. where the deceased Muslim has written a Will according to Islamic Law of Succession or Inheritance, and there exists an Islamic Probate Registry in that State, the Islamic Probate Registry in that State shall have the powers to recover and or take charge of all the deceased Muslim’s rights and or entitlements (including lands or immovable estates in that State) and do all of those that the English or non-Islamic Probate Registry in that State does. In my humble view, it is unconstitutional and unlawful for any bank or institution or the deceased Muslim’s place of work or person or debtor etc., to direct or request such heir(s) or executors under the deceased Muslim’s Will to approach a Probate Registry of the English or non-Islamic Court in that State to obtain a Letter of Administration over any of the deceased Muslim’s estates or assets or property or right or entitlement or to request such heir(s) or executors to comply with the laid down practices and procedures of the Probate Registry of the English or non-Islamic Court in that State;
2. where there is no Islamic Probate Registry established or created in that State, but has an Islamic Court or Sharia Court or Area Court established in that State, then, the heir(s) should approach or be directed to approach the Islamic Court or Sharia Court or Area Court in that State within the area where the deceased Muslim resided before his death for an order of court to administer and or recover the estates or rights and or entitlements of the deceased Muslim for the purpose of gathering same for the purpose of distribution according to the Islamic Personal Law. In my humble view, it is unconstitutional and unlawful for any bank or institution or the deceased Muslim’s place of work or person or debtor etc. to direct or request such heir(s) to approach a Probate Registry of the English or non-Islamic Court to obtain a Letter of Administration over any of the deceased Muslim’s estates or property or right or entitlement (including land or immovable estate in that State) or to request such heir(s) or executors to comply with the laid down practices and procedures of the Probate Registry of the English or non-Islamic Court;

Furthermore, and however, in my humble submission, in a situation where a Muslim who is subject to Islamic Personal Law (and or whose estates are covered by the Islamic Personal) dies and those estates are in a particular State that does not have Islamic Court or Area Courts or Sharia Courts established for Islamic Personal Law matters, for instance, such as Lagos State or Oyo State, etc.:

1. where the deceased Muslim has written a Will according to Islamic Law of Succession or Inheritance, the heir(s) or the executors of the Will should approach any Islamic Probate Registry in any nearby State of the Federation (having regard to my submission earlier in this paper that Islamic Personal Law is ‘Universal’ and is not affected or limited by territorial limit as its authority emanates from the Constitution and it is ‘Universal’ and applicable to all Muslims who are subject to the Islamic Personal Law regardless of where the Muslim resides in Nigeria and that there is a clear difference between establishment of courts (which is for convenience purpose only) and a Muslim’s rights to religion and practice the Islamic Personal Law, which is God given and or Divine and constitutional and guarded by the Nigerian Constitution), for the purpose of recovering and or taking charge of all the deceased Muslim’s rights and or entitlements and do all of those that the English Probate Registry does as may be applicable and or within the rules of the Islamic Personal Law. I must also state here that the fact that a particular State of the Federation of Nigeria such as Lagos State or Oyo State, etc., does not have Islamic Courts or Sharia Courts or Area Courts established for that State does not in any way prevent and or restrict the Muslim adherents in those States from practising and or seeking solace in Islamic Personal Law in other States where such Islamic Courts or Area Courts or Sharia Courts have been established (especially in the nearby State). This should rather be a good news to all Muslims who are adherents of Islamic Personal Law and it is left for them to take appropriate steps towards the practice of their Islamic Personal Law in this instance! I must also state here that it is wrong, unconstitutional and unlawful for any person or institution including bank and the deceased Muslim’s work place in that State such as Lagos State or Oyo State, etc., to compel such Muslims adherents to comply or conform to the customary laws of that State or the English Practices and Procedures guiding the Probate Registry which requires that a Letter of Administration must be sought and obtained prior to having access to the deceased Muslim’s estates or assets or property;

1. where the deceased Muslim has not written a Will according to Islamic Law of Succession or Inheritance, the heir(s) or the executors of the Will should approach any Islamic Court or Area Court or Sharia Court in any nearby State of the Federation (having regard to my submission earlier in this paper that Islamic Personal Law is not affected or limited by territorial limit of courts as its authority emanates from the Constitution and it is Universal and applicable to all Muslims who are subject to the Islamic Personal Law regardless of where the Muslim resides in Nigeria and that there is a clear difference between establishment of courts (which is for convenience purpose only) and the rights to religion and practice of the Islamic Personal Law, which is God given and or Divine and guarded by the Nigerian Constitution), for the purpose of recovering and or taking charge of all the deceased Muslim’s rights and or entitlements for the purpose of their distributions according to Islamic Personal Law. I must also state here that the fact that a particular State of the Federation of Nigeria such as Lagos State or Oyo State, etc., does not have an Islamic Court or Sharia Court or Area Court established in that State does not in any way prevent and or restrict the Muslims adherents from practising and or seeking solace in Islamic Personal Law in other States (especially in the nearby State) where such Islamic Courts or Area Courts or Sharia Courts have been established. This should rather be a good news to all Muslims who are adherents of Islamic Personal Law and it is left for them to take appropriate steps towards the practice of their Islamic Personal Law in this instance. I must also state here that it is wrong, unconstitutional and unlawful for any person or institution including bank and the deceased Muslim’s work place in that State such as Lagos State or Oyo State, etc., to compel such Muslims adherents to comply or conform to the customary laws of that State or the English Practices and Procedures guiding the Probate Registry which requires that a Letter of Administration must be sought and obtained prior to having access to the deceased Muslim’s estates or assets or property.

• GROUNDS UPON WHICH THE STATUS OF AN HEIR OR EXECUTORS OF THE DECEASED MUSLIM COULD BE CHALLENGED

1. In the case of an heir where the deceased dies without writing his Will:
2. That the heir was born when the man and his mother were not married. In this instance, the purported heir cannot inherit his purported father and his purported father cannot inherit him (even though his father admits his pregnancy and takes good care of him as his child and or he bears the father’s name or family name). However, when it comes to Islamic Law of Inheritance, the purported heir can only inherit from his mother. He can also inherit from his mother’s relations. He can also inherit his uterine brothers and sisters and other maternal relations of his and they too can inherit him. Though, the mother’s relations can only step into her shoes in her absence to inherit him (the adultery father too gets nothing i.e. right of paternity or inheritance over the child and the child too cannot inherit his adultery father). This is also because, one of the conditions for inheritance for a child-heir is that there must have been a valid marriage between the child’s father and the child’s mother before his birth. Also, for a wife to benefit from inheritance of her husband and vice versa, it must be shown by evidence that both were legally married under the Islamic Personal Law of Marriage;
3. That the purported heir was born when both of his father and mother were married:
4. Less than 6 months after the Nikaah (solemnization of the Islamic Marriage). Also, even where his father admits his pregnancy and takes good care of him as his child and or he bears the father’s name or family name) in this instance. This is because, when it comes to Islamic Law of Inheritance, the purported heir can only inherit from his mother (the adultery father too gets nothing i.e. right of paternity or inheritance over the child and the child too cannot inherit his adultery father). This is also because, one of the conditions for inheritance for a child-heir is that there must have been a valid marriage between the child’s father and the child’s mother before his birth and the child must have been born within not less than 6 months after the marriage was contracted by his parents;
5. The father has denied the purported heir’s paternity or has accused his wife (i.e. the child’s mother) of adultery in conceiving the purported heir and has taken the oaths according to Islamic Law or the mother has admitted to the allegation of adultery. In this instance of (b)(i) and (b)(ii), the purported heir cannot inherit his purported father and his purported father cannot inherit him. The purported heir can only inherit from his mother and his mother can inherit him. He can also inherit from his mother’s relations. He can also inherit his uterine brothers and sisters and other maternal relations of his and they too can inherit him. Though, the mother’s relations can only step into her shoes in her absence to inherit him (the adultery father too gets nothing i.e. right of paternity or inheritance over the child and the child too cannot inherit his adultery father). See: Succession under Islamic Law by Yusuf AbdulRashid & Sheriff E.E. Okoh, Malthouse Press Limited, Lagos, Nigeria, 2011, pages: 101-107.

2. In the case of executors:
3. That he is not one of the heirs appointed or executors appointed by the testator to manage the estates;
4. The executor has rejected to be an executor to the Will;

• The executors appointed by the deceased Muslim in his Will prior to his death have all died and no executor named in such Will is alive.

FOR CLARITY OF PURPOSE, I have decided to supply some Islamic authorities to clarify my submissions under this subheading thus (though, the authorities might seem voluminous, it is to clarify any doubt arising from my submission in that respect):

1. Al Munajjid (“230367: What is the ruling on calling an illegitimate child after the father?” https://islamqa.info/en/answers/230367/what-is-the-ruling-on-calling-an-illegitimate-child-after-the-father (accessed 2019-04-12)) states “1. That the illegitimate child is not to be attributed to the zaani even if he acknowledges him and names him after himself. This is the view of most of the scholars of the four madhhabs, and of the Zaahiris (literalists) and others. Based on this view, the illegitimate child – whether male or female – is not to be attributed to the zaani and is not to be described as his child; rather he is to be attributed to his mother, and he is a mahram to her and inherits from her like her other children. Fatwas were issued on the basis of this view by Shaykh Ibn Ibraaheem, as in his Fataawa (11/146); Shaykh Ibn Baaz, as in Majmoo’ al-Fataawa (18/124); and by the Standing Committee (al-Lajnah ad-Daa’imah, 20/387). That is because the Prophet (blessings and peace of Allah be upon him) said: “The child is to be attributed to the bed (i.e., to the husband) and the adulterer deserves nothing.” Agreed upon. The relevant point here is that the Prophet (blessings and peace of Allah be upon him) did not describe the child as belonging to anyone other than the bed (i.e., the husband), and he said that the adulterer did not deserve anything at all. Attributing the child to the adulterer is attributing the child to someone other than the husband. The words: “The child is to be attributed to the husband” imply that attribution of the child is to be to the marriage only. 2. That if the zaani acknowledges his illegitimate child, then he is to be attributed to him. This is the view of ‘Urwah ibn az-Zubayr, Sulaymaan ibn Yasaar, al-Hasan al-Basri, Ibn Sireen, Ibraaheem an-Nakha’i, and Ishaaq ibn Raahawayh, as was narrated from them by Ibn Qudaamah in al-Mughni (9/123). This view was favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and his student Ibn al-Qayyim. Among contemporary scholars it was also favoured by Shaykh Muhammad Rasheed Rida in Tafseer al-Manaar (4/382), and by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him), as in ash-Sharh al-Mumti’ (12/127). That is because this child was born from his sperm, so he is his son in reality, and there is no clear, sound, shar’i evidence to indicate that he should not be attributed to him. With regard to the hadith “The child is to be attributed to the bed (i.e., to the husband) and the adulterer deserves nothing”, it refers to the case where there is a marriage, and the issue under discussion here has to do with a case where there is no marriage. This is supported by what is mentioned in the story of the devoted worshipper Jurayj, when he spoke to the child whose mother had committed zina with the shepherd: “He said: ‘Who is your father, O child?’ The child said: ‘The shepherd.'” Agreed upon. The speech of this infant was by way of a miracle and extraordinary event bestowed by Allah, and he stated that the shepherd was his father, even though the relationship was one of zina. This proves that paternity may be attributed to the zaani. Moreover, the Lawgiver seeks to protect lineages and take care of children, and to give them the best upbringing and protect them from being lost. We have previously discussed the matter in detail and explained the different scholarly opinions concerning it, and the evidence for each view, in the answer to question no. 192131. Conclusion: The view that it is forbidden or permissible (to attribute an illegitimate child to his father) are two scholarly views that carry weight. This issue is one of the matters that are open to ijtihaad, so every case should be examined on its own merits. If the child will miss out on some religious or worldly interests (by not being attributed to his father), then we should adopt the view that it is permissible to attribute him to his father, in the interest of protecting him and ensuring that he will be taken care of, which is a legitimate shar’i interest. And Allah knows best. “

2. It should be noted that Muslims are required in terms of their religion to ensure that their estates are distributed in terms of the Islamic law of succession. See Khan The Noble Qur’an: English Translation of the Meanings and Commentary 1404H (4) 13 and 14, where it states: “[t]hese are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Muhammad [PBUH]) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success. And whosoever disobeys Allah and His Messenger (Muhammad [PBUH]), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.”
3. It is interesting to note that X would have inherited in terms of Islamic law (in this example) if he were conceived out of wedlock, on condition that he was born six months or more after the marriage was concluded between his parents. See Council of Ulamaa Eastern Cape ^[II]2021) http://www.councilofulama.co.za/index.php?option=com_content&view=article&id=1086:child-conceived-before-marriage&catid=49:marriage&Itemid=56 (accessed 2021-0129, where it states: “[t]he Fuqaha (jurists) mentions that if one was to marry a woman whom one had impregnated and after six months the child is born then the child will be considered legitimate and will be attributed to the father and will inherit from him. If the child is born before six months, then it will be known as a child of Zina (illegitimate) and will not be attributed to the father but will be attributed to the mother and will inherit from her.” This is also the view followed by the Muslim Judicial Council (SA) based in the Western Cape. See Muslim Judicial Council (SA) Fatwa Committee “MJC Position on Succession Law and Related Matters” (2017) document on file with the author of this article.
4. See Khan The Noble Qur’an: English Translation of the Meanings and Commentary 1404H (4) 11, where it states: “Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females.” It must be noted here that s 9(4) of the Constitution of the Republic of South Africa, 1996 (Constitution) prohibits discrimination based on sex. A further discussion on this issue is however beyond the scope of this article. See s 9 of the Constitution, where it states “(3) The State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3).”

See Khan The Noble Qur’an: English Translation of the Meanings and Commentary 1404H (4) 11, where it states: “Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females.”

5. It should be noted that children conceived out of wedlock are automatically entitled to inherit from their deceased mother but not automatically from their deceased father. A child born out of wedlock is disqualified from inheriting from his or her deceased father as an intestate beneficiary in terms of Islamic law.
6. It should be noted that it is possible for a child born in wedlock not to inherit from his father if he was conceived out of wedlock. Islamic law looks at the moment of conception and not the moment of birth. See Al Subaa’ee M Sharh Al Qaanoon Al Ahwaal Al Shakhshiyyah 3ed (2000) vol 2 part 3 173.
7. See Khan The Translation of the Meanings of Sahih Al Bukhari 2004 (741) vol 8 490, where it relates the narration: “Utba (bin Abi Waqqas) said to his brother Sa’d, ‘The son of the slave girl of Zam’a is my son, so be his custodian.’ So when it was the year of the Conquest of Mecca, Sa’d took that child and said, ‘He is my nephew, and my brother told me to be his custodian.’ On that, ‘Abd bin Zam’a got up and said, ‘But the child is my brother, and the son of my father’s slave girl as he was born on his bed.’ So they both went to the Prophet (¾). Sa’d said, ‘O Allah’s Apostle! (This is) the son of my brother and he told me to be his custodian.’ Then ‘Abd bin Zam’a said, ‘(But he is) my brother and the son of the slave girl of my father, born on his bed.’ The Prophet (¾) said, ‘This child is for you. O ‘Abd bin Zam’a, as the child is for the owner of the bed, and the adulterer receives the stones.’ He then ordered (his wife) Sauda bint Zam’a to cover herself before that boy as he noticed the boy’s resemblance to ‘Utba. Since then the boy had never seen Sauda till he died.”
8. It should be noted that the owner of the bed could either be the woman’s husband as in the scenario of J, K, L and M; or the slave master as in the case stated in the hadeeth stated above. A further discussion on this issue is beyond the scope of this article.
9. The term “adulterer” is used where a party is married when the sexual act was committed whereas the term “fornicator” is used where the party is not married.

• Under Sharī‘a, only biological children from a valid marriage are Islamic heirs entitled to inherit from the paternal line. An illegitimate child (a child born outside of marriage) is not an heir under Sharī‘a; they take the name of their mother and inherit only from the maternal side.

However, that doesn’t mean the child would not be entitled to inherit through bequests. Sunni Islamic law permits you to leave up to 1/3 of your estate in the aggregate to non-Islamic heirs. If you want to leave something for illegitimate children, for example, you can leave up to 1/3 of your estate for them to share.

• Islam Question & Answer IslamQA

Attribution of an illegitimate child and rulings that result from that

 20-08-2006  

 Question 85043

Thirty-two years ago an illegitimate child was born to a foreign kitaabi woman (i.e. Jewish or Christian woman). He is a young man of very good character and with a good heart. When he reached the age of 25, he started to look for his parents. He found his mother, and he found me, the father, a week ago. It has been proven by DNA testing that I am the father. I got married 31 years ago to a Muslim woman, and I have a daughter and two sons from her, and I have 4 grandchildren. Praise be to Allaah Who guided me, I came back to fear of Allaah and I am religiously-committed: I pray and give zakaah, and I did Hajj and ‘Umrah 3 years ago, my wife and I. I ask Allaah to guide me always and help me to repent.

I hope that you can advise me: is he a mahram for my wife and daughter? Is he a brother to my children? Should I regard him as one of the family? I hope that you can explain everything that has to do with the matter.

Answer

Praise be to Allah.

Firstly:

We ask Allaah to pardon us and you, and to help us to repent properly and turn to Him, and to bless us with good and righteous offspring by His grace and bounty.

Remember that repentance and guidance are the best things that a person may be blessed with in this world; they are the greatest blessings that Allaah can bestow upon us. So we must be grateful to Allaah for them, and strive to renew them. The Prophet (peace and blessings of Allaah be upon him) used to pray to Allaah for forgiveness and repent to him one hundred times every day, as was narrated by Muslim (2702).

Secondly:

With regard to the attribution of illegitimate children, the fuqaha’ have discussed this issue in detail and they said that one of two scenarios must apply to the woman with whom zina is committed:

1 – Either she is married, in which case any child who is born to her is to be attributed to the husband and not to anyone else, even if she is certain that he is the child of the one with whom she committed zina, unless the husband disowns the child by means of li’aan, in which case the child is not attributed to the husband, rather he is to be attributed to his mother and not to the zaani (adulterer).

2 – Or she is not married. If an unmarried woman has a child, the scholars differed as to whether the child should be attributed to his father, the zaani, or to his mother. There are two opinions, which have been discussed and the evidence for them quoted, in the answer to question no. 33591. See also the answers to questions no. 117, 2103 and 3625. There it says that the correct view is that this attribution is not valid, so it is not permissible to attribute the illegitimate child to the zaani, rather he should be attributed to his mother, even if there is certainty that this child was fathered by this zaani.

It says in Fataawa al-Lajnah al-Daa’imah (20/387):

The correct scholarly view is that the child is not to be attributed to the man who had intercourse with the woman, unless intercourse took place within the framework of a valid or invalid marriage or something that may be taken as a marriage contract or concubinage or something that may be taken as concubinage. In such cases, the child may be attributed to the man who had intercourse with the woman, and they may inherit from one another. But if it was a case of zina then the child cannot be attributed to the zaani. Based on that, he cannot inherit from him. End quote.

It also says in Fataawa al-Lajnah al-Daa’imah (22/34):

With regard to the illegitimate child, he is to be attributed to his mother, and he comes under the same rulings as any other Muslim if his mother is a Muslim. He is not to be blamed or put to shame for his mother’s crime or the crime of the one who committed zina with her, because Allaah says (interpretation of the meaning):

“And no bearer of burdens shall bear another’s burden”

[Faatir 35:18]

End quote.

Thirdly:

It is well known that attribution of lineage affects many rulings such as rulings on breastfeeding, custody, guardianship, maintenance, inheritance, qasaas, the hadd punishment for stealing, slander, testimony etc. Because the more correct view is that the illegitimate child cannot be attributed to the zaani, none of the rulings mentioned above can be proven to apply to the father of the illegitimate child, rather many of them apply to the mother.

But the illegitimate father (the zaani) is still affected by the rulings forbidding marriage. According to the majority of scholars, the rulings forbidding marriage still apply between the illegitimate child and his father and his father’s relatives.

Ibn Qudaamah (may Allaah have mercy on him) said:

It is haraam for a man to marry his illegitimate daughter, or his illegitimate sister, or his (illegitimate) son’s daughter, or his daughter’s daughter, or his brother’s daughter, or his sister who is illegitimate. This is the view of most of the fuqaha’. End quote.

Al-Mughni (7/485).

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about an illegitimate daughter –can she marry her father?

He replied: 

The view of the majority of scholars is that it is not permissible to marry her. This is definitely the correct view. End quote.

Majmoo’ al-Fataawa (32/134).

It says in al-Mawsoo’ah al-Fiqhiyyah (36/210):

It is haraam for a man to marry his illegitimate daughter, because of the clear meaning of the verse (interpretation of the meaning):

“Forbidden to you (for marriage) are: your mothers, your daughters…” [al-Nisa’ 4:23]

because she is his daughter in a real sense and in linguistic terms and she was created from his water (i.e. sperm), so the illegitimate son is forbidden (in marriage) to his mother.

This is the view of the Hanafis and of the Maalikis and Hanbalis. End quote.

Fourthly:

Based on the above, it is not permissible for this illegitimate son of yours to marry your daughters, so they are his like sisters. The same applies to your wife.

But that does not mean that he is a mahram for them in the sense that they may be alone with him and take off their hijab in his presence. Prohibition of marriage does not always mean that one is a mahram in the sense that it is permissible to be alone with the person etc. This is an additional ruling which applies only to the shar’i mahrams, so attention must be paid to that.

Ibn Qudaamah (may Allaah have mercy on him) said:

Zina means that a person is forbidden in marriage, but it does not make the person a mahram or make it permissible to look (at a member of the opposite sex). End quote.

Al-Mughni (7/482).

This does not mean that you should not treat this young man kindly and strive to bring him to Islam and make him a member of the family, but he should not be attributed to his illegitimate father, and the issue of the daughters of the family observing hijab in front of him should not be taken lightly. We ask Allaah to bless you and guide you.

And Allaah knows best.

• Question

WHAT TO DO IF YOU HAD A CHILD BY AN “ARAB” THEN A DEW YEARS LATER YOU BECOME MUSLIM AND WANT TO GET MARRIED WHAT DO YOU DO? WHAT DO YOU TELL THE CHILD ABOUT HER REAL FATHER? WHAT DO YOU TELL THE PEOPLE? OR DOES IT MATTER

Answer

Praise be to Allah and peace and blessings be upon the Messenger of Allaah.

Zinaa (fornication or adultery) is a crime that is forbidden by divine laws and rejected by all wise and sane people, even if they are not Muslim. Allaah has condemned those who do this in many aayaat of the Qur’aan and in numerous ahaadeeth of His Prophet (peace and blessings of Allaah be upon him). He has threatened those who do this with severe punishment and disgrace in this world and the next – except those who repent, have faith and do righteous deeds, for Allaah will accept their repentance. The gate of repentance is open, but it is a condition of repentance that one should regret the deed and give it up. Islam wipes out whatever came before.

With regard to the child, he belongs to his mother, and should not be named after his father. This is the ruling concerning the illegitimate child: he should not be named after his father because he was conceived in fornication, not in wedlock. It is obligatory to take care of this child and bring him up with Islamic manners and morals. Because this immoral act has occurred, you must repent from it, but you should cover it up and not disclose it; you do not have to tell the people the truth. If the child wants to know the truth, you can tell him in an appropriate manner, and let him know that what happened was in the days of kufr (before you became Muslim), and that when a person repents and becomes Muslim, this wipes out whatever happened before. The child does not bear any responsibility for what happened, and as long as his mother has become Muslim, there is no grounds for rebuking or punishing her. It is obligatory to accept the will and decree of Allaah, and if this child does righteous deeds he will enter Paradise. No soul is made to bear the burdens of another. We ask Allaah to keep you safe and sound and to forgive you. May Allaah bless our Prophet Muhammad.

Was this answer helpful?

Source: Sheikh Muhammed Salih Al-Munajjid

• Naming a Child Conceived from Adultery or Fornication

Dr. Abū Wāʾil Musa Shaleem

A discussion surrounding how Islām cultivates the formation of only lawful relationships, preserving the Muslims’ lineage and ancestry.

Abū Wāʾil Musa Shaleem, Articles, Children, lineage, Shaykhs and Students of Knowledge

Nov 26, 2022.

A legitimate child—one who is conceived from a lawful Islamic relationship, like marriage—ascribes to his father’s lineage. Therefore, the child is called, for example, Khālid son of Dāwūd or Fāṭimah daughter of Dāwūd. Allāh said:

“Call them after their fathers. This is more just before Allāh.” [Al-Aḥzāb, 33:5].

Also, the Prophet (ﷺ) said: “Whoever knowingly claims to be the son of anyone other than his real father has disbelieved.”. Reported by al-Bukhārī (3508) and Muslim (61)).

Furthermore, the Prophet (ﷺ) said: “If any child or slave ascribes to other than his father or his master, then the curse of Allāh, the Angels, and all of humanity will be upon him.” Reported by Ibn Mājah (2609), and Shaykh al-Albānī graded it authentic.

This divine legislation would suggest that an illegitimate child—one who is conceived from an unlawful Islamic relationship, such as a boyfriend-girlfriend relationship—is prohibited from ascribing to his biological father’s lineage. The specifics of this deduction which is the focal point of this discussion will be proven and discussed momentarily.

Having unlawful intercourse is a despicable sin and is considered one of the worst major sins in Islām. Allāh said:

“Distance yourself from unlawful intercourse. It is truly an immoral deed and an evil act.”

[Al-Isrāʾ, 17:32]

Allāh also said:

 “As for the male and the female fornicator, then lash each of them one hundred times. And if you truly believe in Allāh and the Last Day, do not allow their pity to make you become lenient in enforcing Allāh’s laws. And let some of the believers witness their punishment.” [Al-Nūr, 24:2]

Furthermore, Allāh described His slaves saying:

“They are those who do not invoke any other god besides Allāh, nor take a human life—made sacred by Allāh—without legal right, nor commit unlawful intercourse. And whoever does any of this will face the penalty. Their punishment will be multiplied on the Day of Judgment, and they will disgracefully reside in Hell forever.” [Al-Furqān, 25:68-69]

Additionally, ʿAbdullāh ibn Masʿūd reported:

I asked Allāh’s Messenger (ﷺ): “What is the greatest sin? He replied: “To associate a partner with Allāh even though He created you is the greatest sin.” I said: “Which sin is next?” The Messenger (ﷺ) replied: “Killing your child fearing that he shall consume some of your provisions is next.” I said: “Which sin is next?” The Messenger (ﷺ) replied: “Committing adultery with your neighbour’s wife is next.” Reported by al-Bukhārī ^[III]6001) and (6811 and Muslim (141).

Therefore, if two individuals had unlawful intercourse, they must repent immediately if they are Muslims. If a child was conceived during this illegal act, he must be named appropriately unlike the legitimate child who always ascribes to his father’s lineage. The specifics of the illegitimate child’s lineage are as follows:

1. If the Child’s Mother Was Married when the Act Was Committed

In this case, the child must carry her husband’s name, even if she is certain that her husband is not the child’s father, since her husband is usually her children’s father. The Prophet (ﷺ) said: “The child belongs to the owner of the bed [i.e. the husband].” Reported by al-Bukhārī ^[IV]2053) and (2218 and Muslim ^[V]1457) and (1458.

 However, if her husband renounces this child in the presence of an Islamic judge or anyone else who functions as an Islamic judge—such as an imām—the child must carry his mother’s name, even if she has a non-Muslim name. The Prophet (ﷺ) said: “The child cannot be named after his father [i.e. his mother’s husband] if the man whom the child claims to be his father fails to acknowledge him as his son.” Reported by Abū Dāwūd (2265) and Ibn Mājah (2746), and Shaykh al-Albānī graded it authentic.

The Permanent Fatwá Committee stated: “If a married woman becomes pregnant from adultery, the child must ascribe to her husband, as was stated in the Ḥadīth. However, if the husband wants to reject the child, he can do so in the presence of an Islamic judge.” Al-Masālik Fī Ṣharḥ Muwaṭṭaʾ Mālik, vol. 6, pg. 383. Published: November 26, 2022, Edited: April 13, 2023. 

2. If the Child’s Mother Was Single when the Act Was Committed

In this case, the child must take his mother’s name, even if she has a non-Muslim name, since the Prophet (ﷺ) said: “The child belongs to the owner of the bed [i.e. the husband],” and she does not share her bed with anyone because she is unmarried. Therefore, the child must take her name.

The Messenger (ﷺ) also said: “If the child was born to a slave woman whom his father did not own or to a free woman with whom the father had unlawful intercourse, then the child cannot be named after the father, nor can the child inherit from the father, even if the man whom the child claims to be his father acknowledges the child as his son. The child is an illegitimate child who belongs to his mother’s people.”

Shaykh Ibn Bāz was asked: “A Muslim boy wants to marry a Christian girl. She is pregnant because they live as if they are married. This occurs frequently in the Western Hemisphere. What should they do?”

The Shaykh responded: “If they repent sincerely, they can get married after the child’s birth. The child must bear the girl’s name because the child resulted from an illegal act. However, if they both fail to repent, they cannot get married.”

3. If the Child Was Conceived When the Father or Both Parents Were Non-Muslims

Once the father embraces Islām, the child can take his father’s name, since the aforementioned laws only apply to Muslims, and this child was conceived when the father or the parents were non-Muslims. Therefore, the child can take his father’s name.

Furthermore, ʿUmar ibn al-Khaṭṭāb was reported to ascribe the illegitimate children who were born during the time of pre-Islamic ignorance to the fathers who embraced Islām. Sulaymān ibn Yasār narrated: “ʿUmar ibn al-Khaṭṭāb would ascribe the children who were born during the time of pre-Islamic ignorance to the fathers who accepted Islām and claimed the children as their rightful offspring.” This verdict applies presently to a convert claiming ownership of an illegitimate child conceived when he was a non-Muslim.

Commenting on ʿUmar ibn al-Khaṭṭāb’s statement, Ibn al-ʿArabī (d. 543 AH) said: “Our scholars [i.e. the Mālikī scholars] say: ‘Those children were a product of unlawful intercourse, and this verdict applies presently if a Christian or a Jewish convert claims ownership of an illegitimate child conceived when they were non-Muslim.’ Ibn Muzayn said: ‘Does the same verdict apply presently to a convert?’ He said: ‘Yes.’”

Therefore, the child who was conceived during unlawful intercourse must carry the appropriate name. If, however, the child’s mother fears that her child may be treated wrongfully because he may be recognised as a product of illegal intercourse because he bears her name, she may give him the last name ʿAbdullāh or ʿAbd al-Raḥmān.

Shaykh Ibn Bāz said: “The child must take his mother’s name, or he can take the last name ʿAbdullāh or ʿAbd al-Raḥmān, since we are all Allāh’s slaves. Therefore, he can be called Fulān son of Fulānah, or Fulān son of ʿAbdullāh, or Fulān son of ʿAbd al-Raḥmān.”

The Muslim community must not shun an illegitimate child, nor defame him; rather, they should treat him as they would treat any other Muslim child, for this child did not commit a crime. His biological parents did, and he himself does not have to pay for their crime. Allāh said:

“No person will bear another person’s sins.”

[Al-Anʿām, 6:164]

Shaykh Ibn Bāz mentioned: “The Muslims should treat the child well. His [biological] parents committed the crime, not him.”

As for the child’s first name, then any regular first name—like Jamāl, Sālim, or Āminah—will suffice.

This discussion clearly illustrates how Islām cultivates the formation and growth of only lawful relationships, prohibits and severs the formation of unlawful relationships, and preserves the Muslims’ lineage and ancestry, since illegitimate children are generally prohibited from ascribing to their biological fathers’ lineage.

Endnotes’.

For further clarification, see: Succession under Islamic Law by Yusuf AbdulRashid & Sheriff E.E. Okoh, Malthouse Press Limited, Lagos, Nigeria, 2011, pages: 101-107 (op.cit.).

• ESTABLISHMENT OF ISLAMIC PROBATE REGISTRY BY EACH STATE AND FCT SHARIA COURT OF APPEAL: A CAUSE FOR URGENT AND IMMEDIATE NECESSARY ACTION.
• In my humble submission, the current modern developments have justified the call and or recommendation for an immediate necessary action in regard to the establishment of Islamic Probate Registry by each State and FCT Sharia Court of Appeal. This would also have the advantage of affording Muslims to have an opportunity of not subjecting themselves or being subjected to the English or non-Islamic Probate Registry.
• I therefore wish to recommend to Honourable Grand Kadis of each of the Sharia Courts of Appeal including the FCT-Abuja, the following recommendations for establishment of Islamic Probate Registry. This my recommendation has some benefits and or importance which I have stated below.
• IMPORTANCE OF HAVING THE ISLAMIC PROBATE REGISTRY.

• IMPORTANCE OF CREATING PROBATE REGISTRY:

1. Its establishment is a means of propagation of Islam in Nigeria and in the World at large;
2. Muslims will no more have to deposit their Wills in the regular English Court or non-Islamic Courts;
3. Sharia Court of Appeal can now assign distribution of estates of a Muslim to any Area Court considered worthy;
4. Muslims will be encouraged to always write or prepare their will especially the rich and deposit same with the Sharia Court of Appeal while they are alive;
5. It serves as a safe and legal custody for a Muslim-testator;
6. Sharia Court of Appeal (through the Will) can easily follow Waqf made in the Will by the testator and take good record of same for necessary action;
7. No man will be allowed therefore to takeover or convert any of the deceased Muslim-testator or to deny the heirs their entitlements under the Will;
8. Muslims from other States can also benefit by depositing their Will in the Sharia Court of Appeal for a token as service charge (though service charge might not be necessary). More so, in my humble submission, there is nothing like territorial limitation in regard to Islamic Family Law including inheritance;
9. Some revenues would also accrue to the Sharia Court of Appeal as Internally Generated Revenue (‘I.G.R.’ though the chargeable fee is advisable to be cheap and affordable so as not to be a cause for the Muslims to refuse to transact with the registry);
10. ‘Gift’ can also be entertained by the Registry/Office, among other benefits.

• LEGAL FRAMEWORK/PERMISSIBILITY FOR THE ESTABLISHMENT OF THE ISLAMIC PROBATE REGISTRY:

The above legal submissions and arguments that I have already made in this paper should have been a guide towards the legal framework/permissibility for the establishment of the Islamic Probate Registry. However, where there is need for need for additional guide on this legal framework, respectfully, I may be consulted for the modalities on how this is achievable.

• MY GENERAL VIEWS:

1. In my humble submission and considered view, the Honourable Grand Kadi is the only person empowered to make practice and procedures incidental to the Islamic Personal Laws relating to the subjects mentioned by the Constitution: not even the National Assembly can make any statutory legislation challenging or limiting His Lordship’s powers in this regard without constitutional amendment as the power emanates from the Constitution and has the force of the Constitution;
2. In my humble submission and considered view, ‘Incidental power’ is a tool for My Lord, the Honourable Grand Kadi, to make any practice and procedure, create and establish any registry (whether now or existing or in future) for the purpose of the subjects under the section 277(2) of the Constitution (and section 262(2) of the Constitution for the FCT-Abuja). The powers are unfettered and undeniable but sacrosanct.
3. In my humble submission and considered view, the incidental powers of the Honourable Grand Kadi to create or establish any registry or office for the purpose of effective and efficient performance and or operation of the subjects under the Islamic Personal Law as mentioned by section 277(2) of the Constitution (and for the FCT-Abuja in 262 of the Constitution) is also not subject to any condition by statute either statute creating Sharia Court of Appeal or Rules of the Sharia Court of Appeal. This is because such ‘Incidental power’ of the Honourable, the Grand Kadi, emanates directly or incidentally from the Constitution; the Constitution which is the Supreme Law of the Federal Republic of Nigeria and binding on all persons and authority; government or individual.

• MULAN AS A PIVOT IN THE REALIZATION OF EFFICIENT ADMINISTRATION OF MUSLIM ESTATES IN NIGERIA

It is my humble submission that the Muslim Lawyers’ Association of Nigeria-herein after referred to as MULAN- is a pivot in the realization of efficient administration of Muslim estates in Nigeria. MULAN is an Association of professional Muslims i.e. Muslim Lawyers. For the purpose of this realization, I humbly recommend to the Executive officers of MULAN at both the National and the Branch Levels respectively the following recommendations:

1. MULAN should have provision for custody of its Muslim members’ Wills.
2. MULAN at all Branch levels should be ready to offer free legal services to the heirs or Executors of the estates of its deceased Muslim members.

• SUMMARY OF LEGAL SUBMISSIONS/CONCLUSION:

On the question on the topic ‘DOES AN HEIR OR DO EXECUTORS OF A DECEASED MUSLIM’S ESTATES HAVE TO OBTAIN A LETTER OF ADMINISTRATION FROM A HIGH COURT PROBATE REGISTRY TO ADMINISTER THE DECEASED’S ESTATES HAVING REGARD TO THE ISLAMIC PERSONAL LAW IN NIGERIA?’, in my humble submission, relying on the legal authorities earlier above cited and the arguments that I have made in this paper, my answer is ‘NO’, he does not or they do not have to obtain a letter of administration! More so, the requirement of letter of administration is unknown to Islamic Law of Inheritance.

• RECOMMENDATIONS:

1. Establishment of Islamic Probate Registry by each State and FCT Sharia Court of Appeal: a cause for urgent and immediate necessary action;
2. MULAN should have provision for custody of its Muslim members’ Wills;

iii. MULAN at all Branch levels should be ready to offer free legal services to the heirs or Executors of the estates of its deceased Muslim members;

Iv. Commercial banks or any institution holding the trust money of a deceased Muslim, the subject of Islamic Personal Law, should be compelled by the Area Court or Sharia Court to release such trust fund to the court or to the heir or the Executors recognized and or appointed by the Court for that purpose as the case might be;

1. Further sensitisation and education of Muslims on this research topic;
2. Area Courts and or Sharia Court of Appeal of each State to make rules on how its Probate Registry can be used to administer the estates of a deceased Muslim in Nigeria or in that State.

For any further engagement with me on this paper or topic, the reader may reach me through the below contacts:

Email: hameed_ajibola@yahoo.com  08168292549.

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