Yunus Olawale, Abuja
*Photo: Justice Sheikh Abdullah Adam Abdullah Al-Ilory (middle), Dr. Saheed Adekunle Imran, Ameer of The COMPANION, Abuja District,(left) and another participant at a lecture in Abuja*
Justice Sheikh Abdullah Adam Abdullah Al-Ilory, Hon. Kadi VII of the Sharia Court of Appeal, FCT-Abuja, has warned that failure to properly document wills and adhere to Islamic inheritance principles is fuelling costly and prolonged family disputes among Nigerian Muslims.
He sounded the warning on Sunday while delivering a lecture titled “Islamic Inheritance Distribution: Between Cultural Dilemma, Legal Provisions and Islamic Standpoint of its Implementation” at Bratim, within the National Library of Nigeria Headquarters compound, Abuja. The program was organized by The COMPANION, Abuja District, and drew more than 70 participants, including clerics, professionals, and students.
Justice Al-Ilory described Islamic inheritance (faraid) as a vital but often neglected part of Islamic knowledge. Citing a hadith of Prophet Muhammad (peace be upon him), he reminded participants that inheritance law is regarded as “half of knowledge” but is among the first to be forgotten by Muslims.
He explained that Islamic inheritance rests on three pillars: the deceased, the heirs, and the estate. “A Muslim can will away only one-third of his estate, while the remainder must be distributed according to the Qur’an and Sunnah,” he said.
The judge cautioned that poor identification of heirs and failure to document estates often leads to conflicts that tear families apart. He recalled cases where families ended up in litigation over properties numbering more than 300 across multiple countries.
“Most disputes are not about the size of the estate but about poor communication and mistrust,” he stressed.
The jurist noted that polygamy and children from multiple wives make inheritance cases more complex but do not invalidate Islamic provisions. He clarified that women are entitled to their lawful shares under Sharia, contrary to cultural practices that often deny them.
“Islam grants women specific rights. In some cases, women inherit more than men. Men’s larger shares are tied to their financial responsibility to provide for wives, children, and female relatives. Women, on the other hand, retain absolute ownership of what they inherit without obligation to spend it on family upkeep,” he explained.
He further emphasized that Islamic inheritance law seeks justice, not strict equality, by balancing rights and responsibilities.
Justice Al-Ilory identified several legal and cultural impediments that complicate estate distribution, including conflicting marriage laws, secret marriages, non-Muslim spouses, and lack of asset disclosure. He explained that while non-Muslim spouses cannot inherit under Islamic law, Muslim children from such unions remain heirs unless they renounce Islam.
He also clarified that a fetus only inherits if born alive.
The scholar lamented that many communities still pressure women to relinquish their shares despite Supreme Court rulings affirming that Islamic inheritance law is distinct from customary practices.
The Hon. Kadi urged Muslims to prepare and regularly update their wills (wasiyya) to reflect changes in assets and family size. He recommended the use of codicils, memoranda of understanding, and professional legal advice to prevent avoidable disputes.
He added that courts and practitioners should prioritize reconciliation and mediation in inheritance cases, noting that “settlement outside the courtroom often achieves peace better than prolonged trials.”
In his remarks, Dr. Saheed Adekunle Imran, Ameer of The COMPANION, Abuja District, thanked Justice Al-Ilory for what he described as a timely intervention. He suggested developing decision trees and flowcharts on inheritance distribution to serve as easy reference guides for Muslim families. “We would all agree that there are challenges in the implementation of Islamic injunctions (Faraid or Sharia inheritance) in the distribution of wealth of a deceased Muslim in a non-Islamic State, such as Nigeria. The challenges in the inheritance distribution could be cultural, customary, or legal in nature’’, he stated.
“With a one-page leaflet explaining who the fixed heirs are and what their shares should be, many disputes can be prevented,” Dr. Imran said.
Justice Al-Ilory concluded with a spiritual reminder that inheritance planning is not only a legal obligation but also an act of obedience to Allah.
“Death spares no one,” he told the audience. “Estate planning is not about wealth alone, but about peace, justice, and obedience to Allah’s command.”