A CRITICAL ANALYSIS OF THE INHERITANCE RIGHTS OF WOMEN UNDER THE VARIOUS LAWS AND CUSTOMS IN NIGERIA

The inheritance rights of women in Nigeria is a complex issue, influenced by statutory, customary, and Islamic laws. In Nigeria, customary law marriages are more prevalent. Most customs deprive women of their right to inherit the estate of their deceased husbands and fathers and this is strongly affected by patriarchal norms. Some of these customs that have been practiced overtime, violate the provisions of the Constitution and inflict hardship on women. In spite of the laws in place, these customary practices still persist in contravention of the rights against discrimination provided by the Constitution and other laws Nigeria is a signatory to. Nonetheless, the aim of this research is to examine the existing legal framework that has addressed the Islamic and customary laws that uphold the discrimination against women’s inheritance. This paper examines the inheritance rights of women under statutes, Islamic law, and customs in Nigeria. This research is consistent with prior research about abuse of women’s rights across cultures. The doctrinal research method will be adopted to carry out this research effectively. This research finds that due to the inheritance rights of various customs, women have faced discrimination, as the law of succession in Nigeria is biased against women in their rights of succession to the properties of their deceased fathers and husbands because most communities and Islamic law are patriarchal in nature, and most Nigerians have little knowledge of the laws concerning inheritance and succession. It also recommends that the succession rights of various customs be reformed as they are discriminatory against women and repugnant to natural justice, equity, and good conscience. The research submits that there is a significant disparity between legal frameworks and actual practice. KEYWORDS: Inheritance, Discrimination, Constitution, Custom, and Nigeria.