Islamic Law Wins in Major Inheritance Dispute Ruling

Landmark Court Ruling Reshapes Inheritance Under Islamic Law

The Court of Appeal has delivered a landmark ruling in a long-running inheritance dispute over the estate of late Major Mohammed. The case, Mohammed & Ors v. Mohammed & Anor, was decided on Friday, 23 August 2024, by the Kano Judicial Division. At its core, the dispute involved the deceased’s three wives—his first under statutory law and two others under Islamic law—alongside claims over how his estate should be divided.

The appellants, Maimuna Mohammed and Inna Fatimoh (the second and third wives), challenged a lower court’s decision that had initially blocked them from inheriting. The respondents, Nike Mohammed and Evang. (Mrs) Olabisi Mohammed (the first wife), had argued they were the sole rightful heirs under the Marriage Act.

Major Mohammed, a Muslim, first married Olabisi Mohammed under the Marriage Act. Later, he married Maimuna Mohammed and Inna Fatimoh under Islamic law. After his death, Olabisi and her daughter, Nike, refused to share the estate with the other wives or the deceased’s aged parents, insisting they had exclusive inheritance rights.

The matter first went to the Upper Area Court in Ilorin, which ruled in favour of the appellants. It held that the estate should be distributed according to Islamic law, not Kwara State’s Administration of Estate Law. However, the respondents appealed to the Shariah Court of Appeal, which overturned the trial court’s decision. Undeterred, the appellants took the case to the Court of Appeal in Kano. They raised two key issues: whether the trial court had jurisdiction and whether the pending suit in Kwara State’s High Court made the case an abuse of process. The appellate court, led by Justices Moji O. Afolabi, Peter O. Obiora, and Asmau A. M. Zubairu, found no abuse of process. It also confirmed that the trial court had acted lawfully by applying Islamic law to the inheritance dispute. In its final judgment, the Court of Appeal set aside the Shariah Court of Appeal’s ruling. It restored the trial court’s original decision, affirming that Major Mohammed’s marriages under Islamic law were valid and that his estate must be divided accordingly.

The Court of Appeal’s ruling means the estate will now be distributed under Islamic law, rather than the statutory provisions initially claimed by the respondents. The decision also clarifies that the trial court had the right to hear the case, despite the parallel suit in Kwara State’s High Court. The appellants, along with the deceased’s parents, can now proceed with their inheritance claims as recognised by the judgment.