LEGAL PRINCIPLE: ISLAMIC LAW – Inheritance (Fara’id) – Conditions for Opening an Inheritance
PRINCIPLE STATEMENT
The door of inheritance only opens on the fulfilment of two fundamental conditions: proof of death of the praepositus (deceased) and the survival of an heir.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Jatau v. Mailafiya (1998) NLC-2151994(SC) at p. 13; Paras C–D.
"The door of inheritance only opens on the fulfilment of two fundamental conditions namely, proof of death of the praepositus and the survival of an heir."
EXPLANATION / SCOPE
Inheritance under Islamic law requires proof of death and existence of a living heir. The principle applies to Islamic inheritance proceedings. The claimant must establish both conditions. The court will not presume death without evidence. The rule protects the rights of heirs. The burden is on the person claiming inheritance. The principle is fundamental to Islamic law of succession.