CIVIL PROCEDURE — Islamic Law of Inheritance — Distant Kindred (Dhul Arham) — Right to Share Only When Residuaries and Heirs Are Unavailable
Ratio Decidendi
Per Adekeye, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at pp. 9—10; Paras E—A:
"The right of Dhul Arham that is maternal and close relations to the deceased to share out of the estate is considered when the first two categories are not available, residuaries and heirs."
Explanation / Scope
This principle establishes that under Islamic law of inheritance, distant kindred (Dhul Arham) have a right to share in the estate only when residuaries and heirs are unavailable. The principle applies in Islamic inheritance disputes. It ensures that the correct order of succession is followed. The principle reflects the priority of heirs and residuaries. It prevents distant kindred from inheriting where closer heirs exist. The court must apply the correct order. The principle provides guidance on Islamic inheritance.