AN ANALYSIS OF CHILD’S RIGHTS UNDER ISLAMIC LAW OF INHERITANCE: AN EPITOME OF GENDER BALANCE, EQUITY AND JUSTICE IN NIGERIA

Abstract

This paper analysis the rights of children under the Islamic law of Inheritance as a
template for achieving gender balance, equity and justice in Nigeria. Issues of gender
inequality, child exploitation and social injustice characterized the native customs in
Nigeria, hence, the ceaseless clamour and struggle by civil society organisation,
international organisations and government for a holistic overhauling and radical
reforms through the instrumentality of legislations. However, Islamic law of
Inheritance for over centuries has convincingly proffers a trusted platform to
attaining justice and equity in the society. Unfortunately, sophisticated controversies
which are orchestrated by antagonist have been attributed to Islamic law of
Inheritance due to wide misconceptions, lack of proper understanding and unabated
envy. An objective evaluation of Islamic law of inheritance revealed a classic and
distinctive legal framework capable of restoring the desired objectives in a sane
society. Contrary to the misjudgement from some quarters that Islamic law of
Inheritance is gender bias, it has apparently epitomized justice, equity and gender
balance. Meanwhile, it was observed that the disparity in Islamic and western
perception on the one hand and the inadvertent mixture of Islam and cultural values
on the other hand are largely responsible for the widespread misconceptions. This
paper is analytical and based on the survey of relevant available literatures and
statutes. This paper thus asserts that the prevailing misconception that has inundated
revulsion for Islamic law of inheritance can be dislodged through objective
exploration and understanding of basic concepts. This paper finally recommends
Islamic law of inheritance as a template for the realisation of social justice, gender
equity and justice amongst children.