Position of Islamic Law on The Share of a Surviving Wife in the Estate of a Deceased Survived by Children

CASE TITLE: MUSA & ORS v. MUSA & ORS (2025) LPELR-81189(CA)

JUDGMENT DATE:  16TH MAY, 2025

PRACTICE AREA: ISLAMIC LAW AND PROCEDURE

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Islamic Law and Procedure.

FACTS:

This is an appeal against the judgment by the Sharia Court of Appeal, Katsina State, delivered on 2nd September 2019.

The Appellants (Plaintiffs) had initially filed a suit at the Upper Sharia Court, Daura, seeking distribution of their late father’s estate. Only the Defendants gave evidence and the trial Court ruled in favor of the Defendants.

The Appellants then appealed to the Sharia Court of Appeal, which found that houses occupied by the deceased’s children were excluded from the inheritance due to hauzi, except for two properties: one referred to as Habu’s house and the family house, which were included in the estate. The rest of the deceased’s estate was distributed among the heirs.

Still dissatisfied, the Appellants filed a further appeal to Court of Appeal.

ISSUES FOR DETERMINATION:

The Court adopted the issues raised by the Respondents, thus:

1. Whether the lower Court was right when it affirmed and award 1/8 of the estate as the legal share of Haj. Abu, the surviving wife of the deceased.

2. Whether the lower Court was right when it held that all the shops attached to the houses occupied by the deceased’s children before his death belong to them having made Hauzi on the said houses long before the death of their deceased father.

3. Whether the lower Court rightly applied the principle of L’izar under Islamic Law before passing its judgment.

DECISION/HELD:

The appeal succeeded in part. The Court ordered the Sharia Court of Appeal, Katsina to distribute the property left out of the distribution of the estate of the deceased.

RATIOS:

• ISLAMIC LAW AND PROCEDURE- ESTATE OF A MUSLIM: Position of the law on the share of a surviving wife in the estate of a deceased survived by children
• ISLAMIC LAW AND PROCEDURE- LAW OF HAUZI (PRESCRIPTION): The principle of hauzi and its exceptions
• ISLAMIC LAW AND PROCEDURE- LAW OF HAUZI (PRESCRIPTION): How Hauzi is proved
• ISLAMIC LAW AND PROCEDURE- EVIDENCE UNDER ISLAMIC LAW: Whether a Judge can make a finding without evidence to support it under Islamic law and procedure
• ISLAMIC LAW AND PROCEDURE- EVIDENCE UNDER ISLAMIC LAW: Nature of Al-Izar under Islamic law; effect of judgment made without application of Al-Izar

To read the full judgment or similar judgments, subscribe to Prime or Primsol