PRINCIPLE STATEMENT

Where a Muslim dies, their heirs are permitted by law to appoint a person learned in Islamic law to share the estate among them according to such law, and if subsequently the matter is taken before a court of law, that court will enforce the sharing, provided it conforms with the law.

RATIO DECIDENDI (SOURCE)

Per Wali, JSC, in Jiddun v. Abuna & Anor (2000) NLC-1351994(SC) at p. 12; Para. D.
"Where a Muslim dies, his heirs are permitted by law to appoint a person learned in Islamic law to share his estate among them according to such law, and if subsequently the matter is taken before a court of law, that court will enforce the sharing, provided it conforms with the law."
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EXPLANATION / SCOPE

Islamic law permits heirs of deceased Muslims to privately arrange estate distribution through: appointing person learned in Islamic law (Islamic scholar/expert), having that person divide estate according to Islamic inheritance law (Sharia succession rules), and accepting the distribution. Such private arrangements are legally valid and enforceable if: conducted according to Islamic law, overseen by person knowledgeable in Islamic law, and conforming to Sharia requirements. Courts will enforce these private distributions when: later challenged in litigation, provided the distribution conformed with Islamic law, and proper procedures were followed. This serves: respecting Islamic law autonomy in personal matters, facilitating private settlement of estates within religious framework, and validating arrangements complying with Sharia. “Provided it conforms with the law” means: courts verify compliance with Islamic inheritance rules, distribution must follow proper Sharia succession principles, and courts won’t enforce arrangements violating Islamic law. This principle recognizes: Muslim heirs’ right to arrange estates privately under Islamic law, validity of extra-judicial distributions by Islamic scholars, and judicial enforcement of compliant arrangements. Courts balance: respecting private religious arrangements against ensuring compliance with applicable law.

CASES APPLYING THIS PRINCIPLE