Anthropological research methods such as fieldwork, interviews, and case studies . In customary law generally, a husband cannot inherit his deceased wife's share of her family property, for the husband is treated as a stranger who is not entitled to share in property of the family of which he is not a member. A Critical Analysis of the Laws of Inheritance in the ... The discriminatory aspects of property inheritance under customary law in Nigeria manifests in different forms and scope ranging from primogeniture rules, right of spouses, rights of adopted children and rights of illegitimate child; although it is generally agreed rule under customary law of intestate succession and inheritance that succession goes by blood. PDF Succession at Customary Law -addressing the Crossroads of ... Customary Law Inheritance: Lessons Learnt from Ramantele v. Mmusi and others Customary Law Inheritance: Lessons Learnt from Ramantele v. Mmusi and others Masengu, Tabeth; 2016-11-01 00:00:00 I. Customary law on women's inheritance and succession rights ... system of customary law is applicable-(a) in land matters the applicable customary law shall be the customary law of the place where the land is situate; (b) in cases and proceedings arising from inheritance the appropriate customary law shall, subject to the provisions of paragraph ( a), be the customary law applying to the deceased; Whereas, the Constitution of this Republic guarantees that "all persons are equal before the law and are therefore entitled to the equal protection of the law", and Whereas, since the inception of . Pre-Colonial Kenya's Laws of Inheritance (a) African Customary Law It has always been assumed that customary law is bad for women and tends to favour men. The study validated the findings of other researchers on the impact of customary law practices on women's rights to inheritance and succession. Inheritance and Disinheritance: African Customary Law and ... An Act to govern the devolution of estates and establish rights of inheritance for spouses of both statutory and customary marriages, approved in 2003. The Act is gender-neutral regarding the laws of inheritance (ibid.). PDF Customary Law, Traditional Knowledge and Intellectual ... Botswana: Women's Inheritance Rights Under Customary Law ... Legislation should mandate that customary systems grant women equal inheritance rights with men and should state that conflicts between civil and customary or religious laws are to be resolved in a manner that promotes gender equality and respects widows' rights. Societal Inequalities: Inheritance under Swazi Customary Law. Venter, T and Nel, J 'African customary law of intestate ... These included a uniform law of succession, which would recognize but moderate tribal, customary and religious differences according to principles of justice and equity (LRCT, 1995: 62-70). Customary Law in South Africa: Historical Development as a ... Under Bini customary law of inheritance and succession the "Igiogbe" that is the house where a Benin man lived and died has gained prominence and notoriety. Inheritance is commonly patrilineal and sharing of assets tends to be in favor of the male child.Below we have listed the rules of inheritance (by customary laws) of some ethnic groups in Nigeria. The Indigenous customary law developed rules of inheritance for intestacy through the traditional canon of descent, as adapted over the years to changes in the society and the rule of natural justice as applied by the courts.Rather than trying to cover all the patterns of succession, I examined a few of the succession patterns, with particular reference to the discriminatory aspects under . On the other side their male opponents seek to insist on the application of customary law. There is no understanding of Joint Family Property in Muslim Law. ii CERTIFICATION The undersigned certifies that, he has read and here by recommends for acceptance by the Open . If the deceased were a Muslim during his lifetime, the rules of succession most likely to govern the distribution of his estate would be as prescribed by the Islam law, Sharia. The paper will analyse some customary law practices on inheritance with a view to unearthing such norms that perpetuate gender discrimination and impede the empowerment of women in Nigeria. One particularly contentious area of customary law for women's rights are the customary practices involved with succession and inheritance. The study validated the findings of other researchers on the impact of customary law practices on women's rights to inheritance and succession. customary laws with regard to inheritance and succession. Kindly share this story: Attorney General of Lagos State, Adeniji Kazeem. One way such customary laws can coexist with the Bill of Rights is by improving education on how customary laws may be discriminatory . Policy and practical engagement with customary leaders to ensure protection of the . If the deceased were a Muslim during his lifetime, the rules of succession most likely to govern the distribution of his estate would be as prescribed by Islamic Law, Shari'ah. In many countries, inheritance laws and . This is done in terms of comparison of the heirs, the shares of each heir, the . Many womens' rights activists argue this is discrimination against women. This article found that Besemah people living in Jakarta have been adapting to the urban way of . For example, with inheritance rights, in some areas customary laws dictate that when a man in a customary marriage dies the heir will be the first born son, and not the husband's wife. Sesan. The estate of parents who died intestate was inherited solely by the male children with the last born son inheriting the matrimonial or family home. • This position was changed by the High Court in the case of Mmusi and others v. Ramantele and another 2012 2 BLR . More recently, the Law Reform Commission has recommended that all customary laws that . There are many customs in Nigeria but the prominent groups are the Yoruba customary law, the Igbo customary law, the Edo customary law; the Islamic customary law. Liberia Equal Rights of Customary Marriage Law of 1998. the Law Reform Commission of Tanzania made recommendations for reforming customary laws of inheritance and succession. 5 SNC Obi The Law of Property (1963, Butterworth) at 153; EI Nwogugu Family Law in Nigeria (revised ed, 1977, Heinemann Educational Books) at 412; E Akintunde The Principles of . Customary Law embodies customs as practiced by the people which they regard as binding on them4. As our people earnestly squeal for peace after over 2 years of protracted self-inflicted devastation, it becomes imperative to re-educate ourselves by reviewing the actual cause of the . The inheritance pattern is determined by the marriage regime whether one is married under customary law or general law4. Amendment of law of intestacy 5. Short title 2. Under customary law, however, widows do not inherit the land rights of their deceased husband, which pass instead to the deceased's male relatives (Ambunda and de Klerk 2008, 57; The Namibian 7 Apr. Customary law has a great impact on the lives of the majority of Africans in the area of personal law in regard to matters such as marriage, inheritance, and traditional authority.3 In its application, customary law is often discriminatory in such areas as bride price, ZAMBIA L.J. 2011). In lawsuits concerning inheritance women deny the applicability of the whole or a part of the substance of Batak customary law, according to which a woman is not an inheritor, and seek protection from state institutions. <p>This article is a result of field research about the culture of inheritance of migrating Besemah people in Jakarta. (May 6, 2014) On April 14, 2014, the Nigerian Supreme Court, in a unanimous decision, confirmed decisions of two lower courts, which had found unconstitutional an Igbo customary law of succession excluding female offspring from eligibility to inherit the property of their fathers. Today, black communities are facing the repercussions of these racialised and exclusionary laws as the first generation of township homeowners begins to pass the torch to the next generation. Customary succession therefore, is succession that is not in accordance with the common law or statute, but in . INTRODUCTION: Conscience is an open wound, only truth can nurture it. Kerr, AJ 'Inheritance in customary law under the interim Constitution and under the present Constitution' (1998) 115 SALJ 262; Knoetze, C 'Customary law of succession in a dualistic system' (2005) 1 TSAR 137; Kult, AP 'The Westernization of customary law practices within a modern constitutional framework' (2001) 11 Indiana International and Comparative Law Review 697 ; Mamashela, M . It will also look at the provisions of existing local and international laws that deal with inheritance and the progress each law has made in combating this ugly trend. custodians of the law who are mainly male, tend to apply the law as it suits them and in so doing they deny women their inheritance rights. • Land in Ghana belongs to lineage groups and therefore cannot be inherited without the approval of customary governance bodies. "Sjoe!" was Charlotte Shibi's reaction when she heard the Constitutional Court had changed the customary law of inheritance law because of her case. Customary succession therefore, is succession that is not in accordance with the common law or statute, but in . Obiokolie. INHERITANCE • In terms of Customary Law female born of a marriage were not entitled to inherit where the parents died intestate. However, the Court refrained from making any binding pronouncement on the effect of Article 17 of the 1992 Constitution on the customary law rule limiting to a life interest, a female child's inheritance of her father's property, in the patrilineal system of inheritance. The emphasis in the three countries has been on western approaches to inheritance and succession premised on the fallacious assumption that African customary laws of succession and inheritance have fallen into desuetude. Customary laws and protocols are central to the very identity of many indigenous peoples and local communities. despite these safeguards in the application of customary law, many feminist advocates have continued to question the ability of customary law to deliver rights and security to women under a plural legal system e.g. Cognisance must be taken of certain rules if a testator uses the principle of freedom of testation to stipulate in his or her will that the customary . They can define rights and responsibilities of members of indigenous peoples and local communities on important aspects of their life, culture and world view: customary law can relate to use of and access to natural . By Prince Nath. The Constitutions of the three countries provide for the application of these laws on an equal basis with none being assumed as superior to the other. INTRODUCTION In all instances of civil law, succession or inheritance (terms which is often used interchangeably) forms part of private law and is concerned with the principles which determine the distribution of a deceased's estate after his or her death. LAWS SUBSIDIARY LEGIS. In the common law of succession, inheritance concerns the division of assets of a deceased among his or her heirs as well as assists in identifying who such heirs are.2 The division of property can take place in terms of the provisions of a will namely, testate succession or according to the rules of law which determine who a person's heirs or beneficiaries are and their respective shares . Inheritance under Swazi customary law does not allow women to inherit from the estates of their late husband's and relatives. right to land, inheritance rights and customary division of labor etc. Girls do not succeed to their father unless their father makes a donation to them during his lifetime. For example, with inheritance rights, in some areas customary laws dictate that when a man in a customary marriage dies the heir will be the first born son, and not the husband's wife. It is any system of law different from Common Law and a Law enacted by legislation, but which is enforceable and binding within Nigeria as between the parties subject to its way5. However, the imperfection in man's thinking makes the customary law to be imperfect and inappropriate in sharing the estates left behind by the deceased. ary laws concerning inheritance may determine ownership of intellectual property or the legal identity of a community as a right-holder; customary laws imposing an obligation of confidentiality may be effectively extended to prevent disclo - sure beyond the traditional circle; and customary laws gov - erning use of a sacred symbol may be drawn upon to deny registration of the symbol as a . Power of court to order payment out of net estate of deceased for benefit of surviving spouse or child 7. In addition, the findings revealed that efforts to eliminate customary law practices should come first from men . transaction; customary laws on inheritance and succession; disposition of property and the settlement of disputes over property ownership and conveyance. These statutory changes generally have no practical effect on the great majority of the population, who are governed, in family and personal matters, by customary law. For purposes . Drafters must provide for public awareness and outreach about these laws to communities and religious and traditional leaders to . Act not to apply to estates administered in accordance with customary law 4. In some cases, both laws may govern inheritance.9 A Nigerian may 4 Ugbomai v Ibeneme (1067) FNLR 257. The question of who should inherit ownership of these homes is leading to heated disputes in families still required to battle out customary inheritance claims under the framework of apartheid-era . customary laws. legal system2 in which the general law and customary law are applicable in inheritance and succession matters3. In addition, the findings revealed that efforts to . Using the best interests of dependants' principle as a lens, the article examines customary law reform in Nigeria. It is any system of law different from Common Law and a Law enacted by legislation, but which is enforceable and binding within Nigeria as between the parties subject to its way5. In customary law, however, the terms "succession . CHAPTER 31:03 SUCCESSION (RIGHTS OF THE SURVIVING SPOUSE AND INHERITANCE FAMILY PROVISIONS) ARRANGEMENT OF SECTIONS SECTION 1. More power was given to individual heads of households, who became the titled landowners, thus altering the communitarian . When a married woman dies there is no property distributed because culturally the property is assumed to belong to her husband (Kanabahita, 2006; Asiimwe, 2001, 175 to 176). Interpretation 3. . customary practices exclude individuals, and specifically women and orphaned children, from inheriting the property (including land, housing and other productive resources) that they had access to while their husbands or fathers were alive (see Cooper, 2008 and 2010). The research questions raised in this article are do migrating Besemah people adopt their customary law of inheritance or do they adapt to the regime prevailed in the Jakarta? THE CUSTOMARY LAWS OF INTESTATE SUCCESSION AND THEIR IMPACT ON WIDOWS IN ZIMBABWE. 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