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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Testamentary disposition of property under islamic law and the general law in the northern states of nigeria: the conflict between the two systems
Author:Usman, Hamidu B.
Periodical:Annals of Borno
Geographic term:Northern Nigeria
Subjects:law of inheritance
Islamic law
Abstract:Conflicts frequently arise between the rules of testamentary disposition as laid down in the general law of Nigeria, that is the Wills Act, 1837, and those of the Islamic law of the Maliki School which is prevalent in the Northern States. The author examines the conflicts between the two systems of law and the conflict of law rules applied by the courts in conflict cases, as well as the interpretation of those rules by the courts themselves. Taking the case of Yunusa v. Adesubokan as example, he looks at the power of a Muslim to make a will under Islamic law rules, and how that power conflicts with the power of a Nigerian, whether a Muslim or not, to make a will under the Wills Act, 1837. The author concludes that the present situation in the Northern States where the Wills Act, 1837, is still applicable to the testamentary disposition of property is unsatisfactory; that the classification of Islamic law as 'customary law', particularly in the Northern States, has outlived its usefulness; and that the application of the repugnancy doctrine should be limited to those customary laws that are obviously unpalatable. Notes, ref.