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

Abstract

Under the common law, properties illegally acquired by a Muslim while holding public office formed part of his inheritable assets after death. However, such illicit properties are excluded from the estate of a deceased Muslim under Islamic law. This paper examines the basis for the exclusion of illicit properties from the assets of a deceased Muslim.  The study adopted the doctrinal method of legal research by conducting a qualitative content analysis of primary and secondary sources of materials. The primary sources include the Nigerian 1999 Constitution, Quran, hadith and the sunnah. The secondary sources include books, journals and other text such as articles from newspapers, magazines and computer aided electronic research (internet) like Westlaw International and Lexis Nexis. The paper 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 paper concludes that corruption by public officer is endemic in Nigeria. The paper recommends the amendment of the 1999 Constitution and other legislation in line with the Islamic practice on illegally acquired assets.