ISLAMIC LAW OF INTESTATE SUCCESSION ITS APPLICATION IN THB NORTHERN STATE OF NIGERIA
ISLAMIC LAW OF INTESTATE SUCCESSION ITS APPLICATION IN THB NORTHERN STATE OF NIGERIA
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Date
1988-08
Authors
K E F F I, SHEIKH USMAN DANLADI
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Abstract
The present thesis discusses, among other things,
the elements of succession according to Islamic Law. The
heirs are properly classified into classes, such as the
descendents, ascendents, colletorals, remote ascendents and
the distant Kindreds. The heirs are further categorised
into Quranic and residualries. the residuaries are yet
classified into residuary in his own right, accompanying
residuaries and residuaries with another. The conditions
that the heir must survive the deceased in fact (de facto)
or in law (de jure) have also been fully discussed in this
thesis. Discussion is also focussed on the estate, its
defination, the conditions of legality and what right are
to be taken therefrom before the final distribution of the
estate of the heirs.
Likewise Paternity, marriage and patronage have been
out lined. The concept of paternity in englis and Pre-
Islnmic Arab Laws hove been discused brefly and
distinctions have been made between the concept of paternity
of Islam and other systems.
For the purpose of succession, marriage has been classi
fied into three, that is valid, Fasid and Batil marriage.
The first type gives the right of succession to a spouse -
relict, the second type of marriage lives the right of
succession to the spose - relict there is conssumation;
the Batil marriage is void ab initio,and does not confer
any rights and obligations between the parties. Even though
slavery in the true Islamic sense is almost. extinct in the
comtemporary world, a brief discus been mode on it.
Description
SHEIKH USMAN DANLADI K E F F I
17TH AUGUST, 1988
5TH MUHARRAM, 1409
Keywords
ISLAMIC LAW, INTESTATE, SUCCESSION ITS APPLICATION, NORTHERN STATE, NIGERIA