Home / Law / 1.1 GENERAL BACKGROUND There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by his/her deceased relation. Broadly, there are four cases co center;”>APPRAISAL OF THE IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW nsisting of the obstacles, bar or impediment to inheritance, they include Homicide (Qatl), difference of religion, Apostasy (Riddah), and Slavery. Some jurists, however, includes difference of domicile as an impediment to inheritance1. Each one of them functions independently from another and bars the beneficiary from materializing his right of inheritance2. There are divergent views from different schools of Islamic Jurisprudence over the concept or rather what constitute impediments to inheritance under Islamic Law, despite the fact that some of these impediments are clearly contained in the primary sources as explained by the Prophet (S.A.W). Impediments to inheritance are the personal acts or attributes of a person which disqualifies him from succession who would otherwise be an entitled heir on grounds of blood or marital relationship with the praepositus3. For those relatives of the deceased person ‘who are debarred from inheritance by reason stated above, do not adversely affect the right of other heirs from inheritance, neither do they exclude nor restrict their respective shares4. In essences, disqualified heirs are deemed, in law, to be non-existing at all for the purpose of Islamic law of inheritance. For example, where a deceased person left behind two or more agnate brothers who, if not disqualified, would have restricted the mother’s Qur’anic share from one-third (1/3) to one-sixth (1/6) even when they are excluded by the father of the deceased person, but for the disqualification which befalls them, would not affect or restrict the mother’s Quranic share. This is because, for that impediment, they are not recognized in the eyes of the law. 1.2 STATEMENT OF PROBLEM The provision of the Holy Qur’an and the Sunnah of the Prophet (SAW) has specifically and unambiguously state those that are debarred from inheritance. This debarment is either partial or complete. But the problem lies on the arguments forwarded by each school of Islamic Jurisprudence or jurists with respect to a particular bar on inheritance. It will not be feasible for the Muslim world if these arguments can go on without careful regard being had to the fundamental provision of Qur’an and Sunnah. The second problem is in respect of the research work itself. This topic i.e. “An Analysis of the Impediments to Inheritance under Islamic Law” is a vital topic that concerns every aspect of the distribution of estate of a Muslim, particularly where there is a marriage relationship between a Muslim man and non-Muslim woman and it give rise to protracted litigation especially where the legitimacy of one of the potential heirs is in dispute. Thirdly, with respect to apostasy, many writers or Islamic law jurists undermined a situation where, for example, a man renounces his religion but his wife or children remain Muslims or vice versa. This is a controversial area that needs a thorough research and clear explanation but has been neglected. Finally, the issue of killing as an impediment to inheritance under Islamic law is also an area that is very vital under the principles of Islamic law but not much has always been said about it. And, most writers limits, themselves on basically only four or to some extent five elements that constitutes impediment to succession under Islamic laws. However, the present researcher suggests that it is more than that, for there are other elements that debar a person from inheriting a deceased estate either temporally or permanently.

1.1 GENERAL BACKGROUND There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by his/her deceased relation. Broadly, there are four cases co center;”>APPRAISAL OF THE IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW nsisting of the obstacles, bar or impediment to inheritance, they include Homicide (Qatl), difference of religion, Apostasy (Riddah), and Slavery. Some jurists, however, includes difference of domicile as an impediment to inheritance1. Each one of them functions independently from another and bars the beneficiary from materializing his right of inheritance2. There are divergent views from different schools of Islamic Jurisprudence over the concept or rather what constitute impediments to inheritance under Islamic Law, despite the fact that some of these impediments are clearly contained in the primary sources as explained by the Prophet (S.A.W). Impediments to inheritance are the personal acts or attributes of a person which disqualifies him from succession who would otherwise be an entitled heir on grounds of blood or marital relationship with the praepositus3. For those relatives of the deceased person ‘who are debarred from inheritance by reason stated above, do not adversely affect the right of other heirs from inheritance, neither do they exclude nor restrict their respective shares4. In essences, disqualified heirs are deemed, in law, to be non-existing at all for the purpose of Islamic law of inheritance. For example, where a deceased person left behind two or more agnate brothers who, if not disqualified, would have restricted the mother’s Qur’anic share from one-third (1/3) to one-sixth (1/6) even when they are excluded by the father of the deceased person, but for the disqualification which befalls them, would not affect or restrict the mother’s Quranic share. This is because, for that impediment, they are not recognized in the eyes of the law. 1.2 STATEMENT OF PROBLEM The provision of the Holy Qur’an and the Sunnah of the Prophet (SAW) has specifically and unambiguously state those that are debarred from inheritance. This debarment is either partial or complete. But the problem lies on the arguments forwarded by each school of Islamic Jurisprudence or jurists with respect to a particular bar on inheritance. It will not be feasible for the Muslim world if these arguments can go on without careful regard being had to the fundamental provision of Qur’an and Sunnah. The second problem is in respect of the research work itself. This topic i.e. “An Analysis of the Impediments to Inheritance under Islamic Law” is a vital topic that concerns every aspect of the distribution of estate of a Muslim, particularly where there is a marriage relationship between a Muslim man and non-Muslim woman and it give rise to protracted litigation especially where the legitimacy of one of the potential heirs is in dispute. Thirdly, with respect to apostasy, many writers or Islamic law jurists undermined a situation where, for example, a man renounces his religion but his wife or children remain Muslims or vice versa. This is a controversial area that needs a thorough research and clear explanation but has been neglected. Finally, the issue of killing as an impediment to inheritance under Islamic law is also an area that is very vital under the principles of Islamic law but not much has always been said about it. And, most writers limits, themselves on basically only four or to some extent five elements that constitutes impediment to succession under Islamic laws. However, the present researcher suggests that it is more than that, for there are other elements that debar a person from inheriting a deceased estate either temporally or permanently.

 

Table Of Contents


<p> </p><p>INTRODUCTION</p><p>1.1 Background to the Study It is generally known and accepted that children need special care and protection and are dependent upon the aid and assistance of adults, especially in the early years of their existence.1 In their early years, children depend on adults for their feeding, clothing, and indeed all other aspect of their existence. Under International Human Rights Law, children are considered to be among the vulnerable group and therefore are disadvantaged and needs to be protected by the law. Thus there is no questioning the fact that children constitute the most vulnerable and powerless members of the society. However, the concept that children have specific rights deserving of enforcement and protection is a comparatively modern development. The popular assumption in times past was that most adults and parents in particular, had the best interests of the child at heart, there was thus no necessity to think in terms of children‘s right.2 Recognition of children‘s rights grew out of the wider crusade for human rights, specifically those of women. Indeed, perceptions of the two groups were largely similar. In the 18th century, for example, both women and children were generally regarded as a form of property.3 The United Nations Children‘s Fund (UNICEF) is a Specialised Agency of the United Nation, devoted to the health and welfare of children. UNICEF is headquartered in New York and works with children in over 158 countries.4 UNICEF originally began as a response to the right of children in the aftermath of World War II. Its mandate gradually broadened to include ongoing support for children in all parts of the world. Currently UNICEF is the leading advocate for children‘s rights, and works to overcome violence and discrimination against children. Nigeria was one of the very first African countries where the United Nations Children‘s Fund (UNICEF) established a programme of cooperation. UNICEF‘s work for the survival, protection and development of Nigerian children has continued ever since. Today, UNICEF is still working in partnership with many stakeholders including children and families to achieve national and international goals instrumental in the fulfilment of children‘s right.5</p> <br><p></p>

Thesis Abstract

<p> United Nations Children Fund is an international Institution that deals with the promotion and protection of the rights of children in times of peace and during emergency situations. Restrictively, this thesis aimed at studying the activities of UNICEF in the promotion and protection of the Rights of the child in Nigeria. The sources of information relied upon are, relevant books, statutes, judicial authorities, articles in Journal publications, newspapers, magazines, and conference and internet materials. The justification for these theses is that, despite the long years of UNICEF’s presence in Nigeria, the situation of the Nigerian child is still very poor. In addition, of recent, many crises have subjected children in Nigeria to untold hardship and reduced them to objects of sympathy, especially, the ongoing Boko Haram crisis in the North-Eastern part of the country where children are involved in calamities along with adults, but painfully, children being vulnerable and defenceless are exposed to all manners of hardship and suffering. Thus, in view of this, the objective of this thesis is to identify the activates of UNICEF that will promote, protect the rights of the child as well as alleviate the suffering of children in Emergency situations in Nigeria. Thus the finding of this research among others is that due to the mandate of UNICEF as an inter-governmental agency, the Fund, although an agency dedicated solely to children, ironically has limited interaction with children and thus lacks practical experience in dealing with children. In view of this, the research was concluded by recommending among others that UNICEF should encourage Child Participation in all its programs as well as initiate programs that will increase direct interaction with children. <br></p>

Thesis Overview

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