Challenges Of The Islamic Inheritance System In Ghana: a case study of Nima-Mamobi
ABSTRACT
The Nima-Mamobi Muslim community for several years adhered to the Islamic mode of estate distribution. However, due to the challenges of the Islamic Law on inheritance in Nima-Mamobi, Muslims in Nima-Mamobi now adhere more to the intestate succession law (P.N.D.C. Law111) than to the Islamic mode on estate distribution. The challenges of the Islamic Law on inheritance in Nima-Mamobi are basically what aroused the researcher’s interest.
The findings reveal that one of the greatest challenges of the Islamic Law on inheritance in Nima-Mamobi is the different interpretation of the verses on inheritance held by the Tijaniyyah and Ahlul Sunnah Wal Jam’ah scholars of Sunni Islam. This has led to the controversies surrounding inheritance especially on the inheritance rights of a child born out of wedlock. Despite different interpretations held by these two groups of scholars from Nima-Mamobi, some executors allow themselves to be influenced unfairly by some heirs. Thus A’imah who are expected to execute justice are rather dishonest in their method of execution.
The study also reveals that many executors lack skills in arithmetic, thus such executors miscalculate the shares of some beneficiaries. Some also misappropriate the shares of some beneficiaries. Despite the fact that many Muslims in Nima-Mamobi have some understanding of the Islamic mode on estate distribution, a substantial number of these people have not had education beyond the Junior High school level. Therefore, for many Muslims from Nima-Mamobi, the P.N.D.C. Law 111 is referred to as the court law.
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