LEGAL CONSEQUENCE OF ILLEGALLY ACQUIRED PROPERTIES BY DECEASED PUBLIC OFFICER UNDER ISLAMIC LAW

Abstract

The unlawful acquisition of property by public officer raises profound legal and ethical concerns, particularly when such assets form part of the estate of a deceased individual. Under Islamic law, wealth obtained through illicit means such as bribery, embezzlement, or abuse of office is regarded as unlawful (haraam) and does not confer legitimate ownership, contrary to the common law position. This article examines the legal consequences of illegally acquired property left behind by a deceased public officer, with emphasis on principles derived from the Qur’an, Sunnah and classical juristic opinions. Adopting a doctrinal methodology, the article analyses the concept of lawful ownership (milk) and the prohibition of unjust enrichment. It argues that such property is not inheritable in the strict sense, as it does not constitute a valid estate (tarikah). Rather, priority is given to restitution, returning the property to its rightful owners or, where they are unknown, channeling it to the public treasury (bayt al-Mal) in the interest of justice and societal welfare. The article further highlights the moral accountability of the deceased and potential implications for heirs who knowingly benefit from unlawful wealth. The article found that the practice of excluding illicit properties from the estate of a deceased Muslim in Islam will eradicate corruption of public fund by people holding public office in Nigeria. The article concludes that Islamic law provides a robust framework for addressing illicit enrichment, emphasizing restitution, justice and ethical governance