WOMEN’S INHERITANCE RIGHTS UNDER ISLAMIC LAW IN NIGERIA: BETWEEN RELIGIOUS NORMS, CUSTOMARY PRACTICES, AND ADR REMEDIES

Abstract

Despite the clear provisions of Islamic law guaranteeing women’s rights to inheritance, many Muslim women in Nigeria are routinely denied their lawful entitlements. This denial is often perpetuated by patriarchal customs, cultural misinterpretations of Islamic injunctions, and institutional barriers that hinder access to formal justice. Traditional litigation processes are frequently inaccessible or unsuitable for women seeking redress, while alternative dispute resolution (ADR), particularly sulh (Islamic mediation), remains underutilized as a tool for resolving inheritance disputes in a gender-sensitive manner. This paper interrogates the gap between Islamic legal prescriptions and the lived realities of Muslim women in Nigeria regarding inheritance. It aims to: (i) examine the normative framework governing female inheritance rights under Islamic law; (ii) identify the socio-cultural and legal challenges inhibiting enforcement of those rights; and (iii) assess the potential of ADR, especially faith-based mechanisms, in promoting fair and equitable dispute resolution. The paper adopts a qualitative methodology, drawing on doctrinal analysis of Islamic jurisprudence and Nigerian legal instruments, as well as field-based insights from interviews with scholars, practitioners, affected women, and community mediators.  The paper contends that an inclusive and culturally grounded ADR framework can serve as a viable pathway for actualising Muslim women’s inheritance rights in Nigeria, and calls for reforms to integrate Islamic principles of justice with accessible, gender-responsive dispute resolution mechanisms.