From time immemorial, women have suffered greatly and disproportionately in comparison to their male counterpart. Most societies have been essentially patriarchal but in no area of political, social and religious life has the despicable plight of women been more conspicuously noticeable than in the aspect of inheritance. Over time, concrete efforts have been made in the Western world to stem this tide, while African societies, on the other hand, have not recorded much achievement in this area. National constitutions of African and other developing countries tend to prohibit discriminations against women in property inheritance, yet discriminatory traditional and customary practices persist. International treaties are merely ratified by these countries without committed implementation. This paper is posed to interrogate existing practices and laws in African and developing societies regarding the right of women to inherit property on the same footing as men in the light of developments in the Western world. At the end, recommendations are proffered so that those countries of the world which are lagging behind in treating women appropriately may have a second thought.
Table of Contents
1. INTRODUCTION
2. DEFINITION OF TERMS
3. WOMEN AND INHERITANCE: THE AFRICAN CONTEXT
3.1 Testate Succession: Nigeria
3.2 Intestate Succession: Nigeria
4. WOMEN AND INHERITANCE: WORLD’S MAJOR RELIGIONS
5. ADMINISTRATION OF ESTATE LAW
6. RECOMMENDATIONS
Research Objectives and Themes
This work aims to examine the legal frameworks and cultural practices governing women's inheritance rights in Africa, specifically focusing on Nigeria, while contrasting these with developments and religious perspectives in the wider world to identify disparities and advocate for reform.
- Analysis of testate and intestate succession laws in the Nigerian context.
- Evaluation of the impact of discriminatory customary practices on women's property rights.
- Comparative review of inheritance rights across major world religions and Western legal systems.
- Assessment of the role of judicial and legislative interventions in advancing gender equality in inheritance.
- Formulation of recommendations to align national inheritance practices with international human rights standards.
Excerpt from the Book
3.1 Testate Succession: Nigeria
This is a situation where a person makes a Will and in her Will, she expresses her wishes which may include how her property is to be shared, how and where to be buried and provisions may be made for underage children, if any. In Nigeria, anybody, whether male or female, can make a Will, provided the person is not below 21 years of age. Where a man writes his Will, he can provide for his wife, children, relations and even strangers. The Wills Act, a statute bequeathed to Nigeria during the colonial era, is one of the laws under which people can write their Wills in Nigeria. The Act is commonly used in the North and South-Eastern part of the country, while all the South-Western States and many other states have made their own Wills laws. The provisions of those states’ laws are not, however, substantially different from the Act. Every person writing a Will has the liberty to distribute his or her property as it pleases him or her. However, there are basically two limitations placed on the liberty of a testator to distribute her estate as she likes. The first limitation is that a Will-maker must take relevant rules of Customary law in her locality into consideration while distributing her estate. For instance, any property owned as family property cannot be given to another person through a Will. Again, if a particular property must, by rules of Customary law, be given to a particular person, it cannot be given to another person. This is prevalent in Edo and Delta States. Under the Bini custom, the eldest surviving son is the only person who is entitled to inherit the last house lived by the deceased. So, this means that such house cannot be inherited by the deceased’s wife, daughter or any female at all.
Summary of Chapters
1. INTRODUCTION: This chapter provides an overview of the historical and global context of women's rights regarding property and inheritance, highlighting the persistence of discriminatory practices in Africa compared to Western progress.
2. DEFINITION OF TERMS: This section establishes clarity by defining fundamental concepts such as "woman," "inheritance," and "law" as they relate to the subject matter of the discourse.
3. WOMEN AND INHERITANCE: THE AFRICAN CONTEXT: This chapter analyzes how inheritance functions in Nigeria through both testate and intestate systems, emphasizing the influence of customary laws versus statutory provisions.
4. WOMEN AND INHERITANCE: WORLD’S MAJOR RELIGIONS: This chapter explores how major world religions, including Christianity, Islam, and Hinduism, treat the subject of inheritance and the extent to which these religious rules impact legal frameworks.
5. ADMINISTRATION OF ESTATE LAW: This chapter discusses the legal regulations governing the administration of estates, particularly in the context of monogamous marriages under the Marriage Act in Nigeria.
6. RECOMMENDATIONS: This final chapter provides practical suggestions for promoting the culture of writing Wills and advocates for proactive judicial and legislative reforms to protect women's inheritance rights.
Keywords
Women, inheritance, Africa, Legal system, Treaties, Constitutions, Islam, Christianity, Hinduism, Customs, Western countries, Property rights, Succession, Gender equality, Nigeria.
Frequently Asked Questions
What is the primary focus of this work?
The work primarily addresses the intersection of laws, customary practices, and the rights of women to inherit property in Africa, with a specific focus on Nigeria compared to other global contexts.
What are the central thematic areas of the analysis?
The central themes include the examination of testate and intestate succession, the impact of patriarchal customary laws, the role of international human rights treaties, and the influence of religious and secular legal systems on property distribution.
What is the main objective of this study?
The primary goal is to highlight the discriminatory nature of certain inheritance customs and to advocate for legislative and judicial reforms that ensure women have equal rights to inherit property.
Which scientific or legal methods are employed in this paper?
The author employs a comparative legal analysis, examining relevant national legislation, international human rights documents, and judicial precedents to evaluate the status of women's inheritance rights.
What topics are covered in the main body of the work?
The main body covers definitions of legal terminology, an in-depth look at Nigerian succession laws (testate and intestate), an analysis of inheritance in major religions, and a review of the administration of estate law.
Which keywords best characterize this publication?
Key terms include Women, inheritance, Africa, Legal system, Treaties, Constitutions, Islam, Christianity, Hinduism, Customs, and Western countries.
How do traditional customs like 'Igiogbe' affect women?
Customs like 'Igiogbe' in Bini culture often restrict the inheritance of family property exclusively to the eldest surviving son, effectively excluding widows and daughters from inheriting the family home.
What is the significance of the 'Ukeje v. Ukeje' case?
This case is significant because the Supreme Court of Nigeria upheld the right of female children to inherit their father's property, ruling that any custom discriminating based on gender is null and void.
How does the author propose to improve the situation for women in Nigeria?
The author recommends promoting the culture of writing Wills to bypass discriminatory customs and urges lawmakers and the judiciary to take proactive measures to align local inheritance practices with international human rights standards.
- Citar trabajo
- Kehinde Adegbite (Autor), 2014, Inheritance of women. Practices and laws in Africa, Múnich, GRIN Verlag, https://www.grin.com/document/276769
