RE: CONSIDERATION OF DISPARITY BILL ON INHERITANCE BY THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA: THE POSITION OF NIGERIA SUPREME COUNCIL FOR ISLAMIC AFFAIRS (NSCIA)

1.0 Introduction

The Nigerian Supreme Council for Islamic Affairs (NSCIA), the apex Islamic Organization that supretends over the affairs of Islam and Muslims in Nigeria, has observed with keen interest the laudable efforts of the Senate in reinventing the Nigerian nation through constructive legislations and strong oversight functions. The NSCIA is of the strong opinion that a dynamic and visionary legislature and one which is sensitive and responsive to the needs and aspirations of the citizens is sine qua non for the realization of the goals of democracy particularly in such highly pluralistic and culturally homogeneous society as ours. It is in furtherance of these ideals which we believe occupies the core of the activities of the current Senate that this position paper on the Bill on Disparity on Inheritance currently being considered by the Upper Legislative Chamber is forwarded to your Excellencies.

2.0 The Issue in Contention: Bill on Disparity in Inheritance

The NSCIA has observed as follows:

1. That the above Bill, which was initially presented by Senator Abiodun Olujimi, representing Ekiti-South, has scaled through the First and Second Reading in line with Senate processes for the passage of Bills;
2. That the proposed Bill, among others, seeks to stop what its proponents deem to be the marginalization of women in regard to inheritance in parts of the country;
3. That unlike the debates on same-sex marriage and gender equality bills, Senators on both sides of aisle appeared not to have found any infractions on the religio-cultural sensibilities of Nigerians in the Bill on Disparity in Inheritance as proposed;
4. That contrary to (c) above, the proposed Bill not only comes into conflict with immutable Quranic statutes but also constitutes an attempt to infringe on eternal Islamic legal dicta on matters of inheritance.

In order to dispel all doubts about item 2 (d) above, some information on the features of Islamic law of inheritance is pertinent.

3.0.     Brief Notes Islamic Law of Inheritance (al-Mirath)

1. The Islamic legal dicta on inheritance is immutable and unchangeable. This is because, among others, it is believed to be one of the prerogatives of the Almighty as the Creator of the Universe and the One who reserve the right to legislate on such important matters as inheritance among others. To enact a Bill that would take this right away therefore would not only be nugatory (Q33: 36; 5:50) but also inconsistent with Section 38(i) and (ii) of the 1999 Constitution which provides for freedom of worship for all citizens of the Federal Republic of Nigeria;
2. Following from (a) above, Muslims in Nigeria strongly hold and believe that issues of inheritance falls under the category of matters in Islamic law which consequent upon the availability of divine legislation are not open for human manipulations, debates or alterations (Quran2: 286),
3. There are divine punishments and recriminations for atrocious infractions of this provisions as stated in the Quran (Quran 4: 13-14) and under no circumstance would Muslims in this country would want be party to such.

Further, kindly find below aspects of the unique features of the Islamic law of Inheritance particularly as it relates to the right and shares of women in the distribution of estates.

4.        Philosophy and Operationalization of Islamic Law of Inheritance

1. The Islamic Law of Inheritance is premised on the Quranic legislation which reads: “Men shall have a portion of what the parents and the near relatives leave and women shall have a portion of what the parents and the near relatives leave” (Quran 4: 7).
2. Inheritance in Islam is strictly within the family cycle and blood relations
3. The closer the heir is to the deceased the greater the share of inheritance.
4. The more dependent the heir is to the deceased the greater the share of inheritance. The new generation is given preference over older generation, regardless of the sex
5. It is untrue to state that a woman’s share of inheritance is always half of that of her male counterpart. Among the four instances in which the estates of a deceased individual could become due for distribution, it is only in one that the Almighty assigns double share to the male heir. They include the following:
   1. When the woman’s share is equal to the man’s share: “For the parents shall one-sixth of the estate each if the deceased left children” (Quran 4: 11). Here both father and mother have equal share of one-sixth each.
   2. When the woman’s share is more than that of the male counterpart: if a woman dies and leaves a daughter, and her husband, the husband gets one-fourth while the daughter gets half.
   3. When the woman inherits and the man is denied: if a woman/man dies and leaves a daughter, a full sister, and a half-brother from the side of the father, the daughter takes half of the inheritance, and the full sister takes the other half, and the half-brother inherits nothing, since he is prevented by the existence of a full sister.
   4. When the woman’s share is less than the man’s share: “Allah enjoins you concerning your children; for the male is equal of the portions of two females” (Quran 4: 17). Here the male is given preference in the distribution of the estates of the deceased in recognition, one, of the social responsibility the male shoulders and, two, of the other avenues and opportunities from which the female may benefit economically and financially. It is the view of the law that a woman shall be financially secure and provided for as a wife, mother, daughter or/and sister by her husband, son, father or/and brother respectively. This is enframed as a matter of law and an injunction for Muslims in the following portion of the Quran:  
      “Men are the protectors and maintainers of women because of what Allah has given the one more (strength) than the other and because they support them from their means” (Quran 4: 34)

5.0 OUR POSITION/REQUEST

While we recognize that in some parts of the country the female folk is treated unjustly and unfairly on the issue of inheritance, this should however not become a justification for the desecration of sacred laws and customs such as that of Islam that are dear to large segments of the Nigerian population. The NSCIA therefore request as follows:

1. that in view of the apparent contradictions in the proposed Bill on Inheritance in relation to the Divine Will as contained in the Quran, the Senate should stand down further processes of the passage of the bill into law;
2. that no new action be taken on the bill until after and unless the concerns raised in this document have been attended to fully and expeditiously.

6.0 CONCLUSION.

The NSCIA finds the following statement of the French polymath, Gustave Le Bon, to be extremely relevant. In his analysis of the Islamic system of inheritance in 1884, Le Bon says:

“The principles of inheritance which have been determined in the Quran have a great deal of justice and fairness. The person who reads the Quran can perceive these concepts of justice and fairness in terms of inheritance through the verses I quoted. I should also point out the great level of efficiency in terms of general laws and rules derived from those verses. I have compared British, French, and Islamic Laws of inheritance and found that Islam grants the wives (women) the right of inheritance, which our laws are lacking while westerners consider them to be ill-treated by the Muslim men.”

Please be assured of the preparedness of NSCIA to collaborate with you  and other arms of government in ensuring a stable and peaceful society where sanity, and development shall reign supreme.

Ustaz Christian Isa Okonkwo,
Director of Administration,
NSCIA.