Proceedings of the 8th International Conference on Research in Management and Economics
Year: 2023
DOI:
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A Comparative Analysis of The Nature of Wills Under English and Islamic Laws in A Multi-Religious Society: A Case Study of Nigeria
Kabiru Garba Muhammad, Sadiya Nasir
ABSTRACT:
This paper focuses on the comparative analysis of Wills under English and Islamic Laws in a multi-religious society like Nigeria. The topic was conceived from the fact that a heterogeneous society like Nigeria operates various legal systems which are bound to create conflict. The paper studied the issues relating to the position of law as regards Wills at English Law and Islamic Law. The paper adopted doctrinal method of research where materials were sourced from both primary and secondary sources of law. The research observed that Wills under both laws evolved from different backgrounds, despite some similarities; there exist a wide range of differences which make the provisions of both laws incompatible and therefore pave no way to harmonization as per procedures and requirements. The research therefore recommended that heterogeneous societies like Nigeria should enact their Wills Law in order to avoid Muslims in such societies being subjected to the application of the Wills Act of 1837. Legal practitioners in such societies are encouraged to have some basic knowledge of Islamic Law especially on Wills irrespective of their religion so that they can guide and advise their clients appropriately.
keywords: Wills, English Law, Islamic Law, Comparative Analysis, Nigeria