A/Court overrules Sharia Court on estate distribution of deceased Muslim married to Christian
The Court of Appeal in Kano has overturned a ruling by the Sharia Court of Appeal in Kwara State regarding the estate of Major Mohammed Arogun Adeniyi, a Muslim who died on October 18, 2020. Major Adeniyi was buried according to Islamic customs. Major Adeniyi is survived by his aged parents and was married to […]
The Court of Appeal in Kano has overturned a ruling by the Sharia Court of Appeal in Kwara State regarding the estate of Major Mohammed Arogun Adeniyi, a Muslim who died on October 18, 2020. Major Adeniyi was buried according to Islamic customs.
Major Adeniyi is survived by his aged parents and was married to Maimuna Mohammed and Inna Fatima Mohammed under Islamic Law, and Evangelist (Mrs.) Olabisi Mohammed under the Marriage Act.
After his death, the Nigerian Army paid a total of N23,588,000.00 in entitlements to Nike Mohammed, the deceased’s daughter and next of kin.
A dispute arose when Nike Mohammed, the first respondent, refused to distribute the funds among the other wives, who are also entitled heirs.
- Tinubu will transmit whistleblowing policy to National Assembly soon –Edun
- NAHCON Needs systemic reform – Presidency
This led to a legal challenge by the appellants. The Upper Area Court I, Ilorin, ruled in favour of the two Muslim wives, affirming its jurisdiction to handle the case under Islamic Law.
Dissatisfied, Nike Mohammed and her mother, Evangelist (Mrs.) Olabisi Mohammed, appealed to the Sharia Court of Appeal, arguing that the Administration of Estates Law of Kwara State, which governs estates in cases where the deceased was married under the Marriage Act, should apply.
They contended that this law excluded Islamic Law from governing the estate’s distribution.
The Sharia Court of Appeal of Kwara State initially reversed the Upper Area Court’s decision, asserting that the Administration of Estates Law should take precedence over Islamic Law in this instance. However, the two Muslim wives then approached the Court of Appeal for redress.
In a unanimous decision, Justices Lawan Shuaibu, A.M. Lamido, and A.R. Mohammed of the Court of Appeal set aside the Sharia Court’s ruling and reinstated the Upper Area Court’s judgment.
The Court of Appeal held that the estate of a person who lived and died as a Muslim, regardless of marriage to a Christian under the Marriage Act, should be governed by Islamic law.
The Court emphasised that Major Adeniyi’s Islamic faith remained central, and his mzarriage to a non-Muslim did not alter the application of Islamic law to his estate.
The Court of Appeal reaffirmed that the Constitution of Nigeria supports the right of Muslims to marry multiple wives, and that the Marriage Act does not negate this principle in estate distribution.
The Court also highlighted that Nigeria operates under multiple legal systems, including English Common law, native laws, and Islamic Law, each with distinct applications.
Consequently, the court ruled that the Administration of Estates Law could not override Islamic Law in this case, as such a move would conflict with established legal principles governing Muslim estates.