Significant Ruling on Islamic vs. Registry Marriage: MURIC Applauds Tajudeen

[Suyuti]

The Muslim Rights Concern (MURIC) has praised renowned legal expert Tajudeen Oladoja (SAN) for his role in securing a pivotal court ruling favoring Islamic marriage rights.
This landmark decision ensures that women married under Sharia law are entitled to inheritance rights from a husband who also married another woman through the registry.

The commendation was announced by MURIC's Executive Director, Professor Ishaq Akintola, in a statement released on Thursday, September 12, 2024.

Statement Summary:

Major Muhammed Arogun Adeniyi, who passed away on October 18, 2020, was buried according to Islamic traditions. He was survived by three wives—one Christian and two Muslim. However, his Christian wife's daughter, Nike Muhammed, received the entirety of his inheritance, amounting to N36 million, excluding the other wives and their children.

The Muslim wives contested this distribution at the Upper Area Court in Ilorin. Nike's mother requested to join the suit and challenged the Islamic court's jurisdiction, arguing that the Marriage Act should govern the inheritance. Despite her objections, the Upper Area Court ruled in favor of Islamic inheritance principles.

Nike and her mother appealed to the Shariah Court of Appeal of Kwara State, which surprisingly reversed the initial ruling, applying the Marriage Act instead. Tajudeen Oladoja (SAN) then intervened, taking the case to the Court of Appeal in Kano. His expertise led to the reversal of the Shariah Court of Appeal's decision, with the Court of Appeal upholding the original Upper Area Court's ruling on Islamic inheritance.

The Court of Appeal's decision, delivered on August 23, 2024, mandated that Nike Muhammed and her mother surrender all of Major Adeniyi's assets for distribution according to Islamic law.

Key Takeaways from the Judgment:

Equity of Islamic Law: The ruling highlights the fairness of Islamic inheritance laws, which distribute assets among all wives, children, and other relatives, unlike the registry marriage system, which might leave out other family members.

Recognition of Legal Systems: The decision affirms the distinct nature of Islamic law compared to native and common law systems in Nigeria, as recognized by the 1999 Constitution.

Religious Freedom and Marital Rights: The judges affirmed that a Muslim's marriage to a Christian woman under the Marriage Act does not equate to renouncing their faith. The court recognized that a Muslim has the right to multiple marriages as per Islamic teachings and the Nigerian Constitution.

This landmark ruling underscores the judicial system's acknowledgment of religious laws and their application in inheritance matters.