THE HISTORICAL APPLICATION OF ISLAMIC INHERITANCE LAW IN SOUTH-WEST NIGERIA

Research Problem: Islamic inheritance law is a divinely ordained legal framework crucial to Muslim societies, yet its administration in South-West Nigeria has faced historical and socio-legal challenges. The research problem addressed in this study is the marginalisation of Islamic inheritance law under colonial and postcolonial legal frameworks, and how Yoruba Muslims have sustained its practice despite constitutional and procedural constraints. Methodology/Theory: The study employed a historical-analytical methodology grounded in legal pluralism theory. It drew on primary Islamic legal texts, archival materials, colonial records and secondary scholarly literature to trace the trajectory of Islamic inheritance law from pre-colonial times to the present. Results: Findings revealed that although the colonial and postcolonial governments in South-West Nigeria systematically excluded Sharīʿah from the official legal system, Yoruba Muslims maintained the administration of inheritance law through resilient and adaptive mechanisms. Institutions such as mosque-based mediation councils, fatwa houses, Muslim organisations and Sharīʿah Arbitration Panels (SAP) have provided platforms for dispute resolution. These institutions now operate under Nigeria’s constitutional guarantees of religious freedom and provisions for alternative dispute resolution. Conclusion: The study concludes that the resilience of Yoruba Muslim communities has enabled the continuity of Islamic inheritance law despite systemic marginalisation. Their efforts illustrate the adaptability of Sharīʿah principles within plural legal systems. Key Contribution to Knowledge: The study demonstrates how Yoruba Muslim communities have sustained Islamic inheritance law through informal yet legitimate institutions, thereby enriching debates on legal pluralism, resilience, and the accommodation of Islamic law in postcolonial African societies. Recommendation: The study recommends that policymakers in South-West Nigeria should formally recognise Sharīʿah law, strengthen the training of Muslim jurists, and foster collaboration between customary, Islamic and statutory legal practitioners to ensure equitable inheritance distribution among Muslim families.