ANALYSIS ON THE CONSEQUENCES OF CULTURE AND CUSTOMS OF EBIRA PEOPLE ON THE PRACTICES OF ISLAMIC STRUCTURE OF INHERITANCE AMONG MUSLIMS IN EBIRA LAND

0
655
You can download this material now from our portal

ANALYSIS ON THE CONSEQUENCES OF CULTURE AND CUSTOMS OF EBIRA PEOPLE ON THE PRACTICES OF ISLAMIC STRUCTURE OF INHERITANCE AMONG MUSLIMS IN EBIRA LAND

ABSTRACT

This study analyzed the implications of culture and traditions of Ebira on the practices of Islamic system of inheritance among Muslims in Ebira land. The research was motivated by the laxity of some Muslims to adopt the Islamic system of inheritance at the expense of culture. The research designed used in this study is descriptive survey,the researcher conducted oral interview in the five local governmentareas.Some Islamic organizations were selected, where an inportant personalities were identified. At the end of the interview the findings includes ignorance about the Islamic teachings and dominance of culture caused the denial to the compliance with the Islamic system of inheritanceand non-compliance of Muslims in Ebira land to the Islamic systemof inheritance brought about crises that lead to disunity and crimes amongmembers of the families. In view of the findings the research recommends that scholars should put more efforts in teaching and guiding people on matters of religion and also Muslims especially families should be made to understand the Islamic faith which requires total submission to the injunctions of shariah.

 

 

TABLE OF CONTENTS

Title page                                                                                                                 i

Declaration                                                                                                              ii

Certification          iii Dedication          iv

Acknowledgements                                                                                                 v

Abstract                                                                                                                    vii

Table of contents                                                                                                     viii

Abbreviation                                                                                                            xii

Table of Transliteration                                                                                           xiv

Definition of terms                                                                                                   xv

CHAPTER ONE: GENERAL INTRODUCTION

1.1    Background of the study                                                                                 1

1.2    Statement of the problems                                                                              2

1.3    Significance of the study                                                                                3

1.4    Objectives of the study                                                                                   4

1.5    Research questions                                                                                         4

1.6       Scope/Delimitation of the study         5 CHAPTER TWO: LITERATRUE REVIEW

2.1    Historical Background of Ebira land                                                             6

2.2    Geographical location                                                                                    10

2.3    Tribes and clans found in Ebira land                                                             13

2.4    Ebira in pre-Islamic era                                                                                  15

2.5    Islam in Ebira land                                                                                         22

2.6    Impact of Islam on Ebira traditions                                                                28

2.7    Concept of Islamic Cuture in Islam                                                               30

2.7.1 Characteristics of Islamic Culture                                                                  31

2.8    Islamic Concept of Inheritance                                                                       35

2.8.1 The Position of Women in the Jahiliya Period of the Arab Society               38

2.8.2 Features of Inheritance                                                                                   50

2.8.3 Essentials of Inheritance                                                                                 51

2.8.4 Conditions of Inheritance                                                                               52

2.8.5 Ground of Inheritance                                                                                     52

2.9    The Heirs                                                                                                        56

2.9.1 The sharers (As-Habul Furud)                                                                        57

2.9.2 Residuaries (Asabah)                                                                                      63

2.9.3 The Uterine (Dhawul Arham)                                                                        67

2.9.4 Standard Heirs                                                                                                68

2.9.5 Standard Female Heirs                                                                                   68

2.9.6 Exclusion (Hajb)                                                                                             69

2.9.7 Categories of Exclusion (al-Hajb)                                                                  69

2.10 Significance of Inheritance                                                                              75

2.11 Method of Distributing Inheritance                                                                 78

2.11.1 Prescription Inheritance (Fard)                                                                     78

2.11.2 Agnatic Relation (Ta‟sib)                                                                             79

2.11.3 Independent Agnate (Ta‟sib)                                                                       79

2.11.4 Rank of independent Agnate (Ta‟sib)                                                          80

2.11.5 Female agnate by association (Ta‟sib)                                                         81

2.11.6 Joint Agnate (Ta‟sib)                                                                                   82

CHAPTER THREE: METHODOLOGY

3.1    Research Design and Procedure                                                                     84

3.2    Research Population                                                                                       84

3.3    Sample and Sampling Techniques                                                                 85

3.4  Sample Distribution                                                                                          86

3.5    Reasearch Instruments                                                                                    87

3.6    Validity /Reliability of theInstruments                                                           87

3.7    Method of Data Collection                                                                             88

CHAPTER FOUR: DATA ANALYSIS AND PRESENTATIONS

4.1    Introduction                                                                                                     89

4.2    Analysis of Variable in Frequencies and Percentage                                     89

4.3    Summary of the Major Findings                                                                     110

4.4    Discussion of the Findings                                                                             110

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATION

5.1    Summary                                                                                                        112

5.2     Conclusion                                                                                                     114

5.3    Recommendations                                                                                          115

References                                                                                                      118

Appendix I                                                                                                      122

Appendix ii                                                                                                     127 ABBREVIATIONS

A.S– Alaihis-Salam

AGH– “Agnetic Share” (is a fixed share to the persons entitle for them, where at remains thereafter is for the most derserving male) Agnatic heirs have no any fixed share, if they are alone, they are entitled to the whole property when they are inheriting with others, then they are entitled to what ever remains after the sharers have taking their shares.

ANS– Answer.

CB– Consanguine Brother

CS– Consenguine Sister

CSD– Consanguine‟s Sisters Daughter

D– Daughter

DSM– Double Share for Male (if compared with female)

  • Father

F.F– Father‟s Father

FB– Full Brother

FB’D– Full Brother‟s Daughter

FBS– Full Brother‟s Son

FS– Full Sister

  • Mother

M.M– Mother‟s Mother

N.A– No Author

N.D– No Date

N.P– No publisher or Place of Publication

N.S– No Share

No– No Compliance with the Textual provisions

  • Remainder

R.A– Radiyal-lahu Anhul (May Allah be Pleased with Him)

  • Son

SAW– Salla-lahu Alaihi Wa Sallam (May Peace and Blessing of Allah be Upon Him)

SD– Son‟s Daughter

SE– Shared Equally

SOE– Share of Each

SSF– Single Share for Female (if compared with that of the male)

SWT– Subhanahu Wa Ta‟ala (The Exalted, the Most High)

UB– Uterine Brother

US– Uterine Sister

W– Wife

Yes– Compliance with the textual provisions

 

 

 

 

 

 

 

TABLE OF TRANSLITERATION

S/N ARABIC LETTER NAME TRANSCRIPTION
1  ا Alif A
2  ب Ba B
3  ت Ta T
4  ث Tha Th
5  ج Jim J
6  ح Ha H
7  خ Kha Kh
8  د Dal D
9  ذ Dhal Dh
10  ر Ra R
11  ز Zay Z
12  س Sin S
13  ش Shin Sh
14  ص Sad Ş
15  ض Dad D
16  ط Ta T
17  ظ Za Z
18  ع Ayn Ɛ
19  غ Ghayn Gh
20  ف Fa F
21  ق Qaf Q
22  ك Kaf K
23  ل Lam L
24  م Mim M
25  ن Nun N
26  هـ Ha H
27  و Waw W
28  ي Ya Y

 

 

زَزا يٌي

DEFINITION OF TERMS

AWL: this was arrived at though Ijtihad during the time of sayyidina Umar (R.A) by the consultation and agreement of the companions (Sahaba). It is suggested in a hypothetical preposition that if a man dies leaving six Dirhams and there were two people claiming their debt from the estate, one of them is claiming three Dirhams and the other is claiming four Dirhams, we have to adopt the rule of bankrupt and divide it proportionally. Doi A (1984).

Hadith: the saying, action and silent approval of the prophet (SAW).

Iddah: the period a Muslim woman is espected to observe before entering into another marriage contract as a result of either divorce or dead of the husband.

Ilm-al-Fara’id: the science of inheritance

Jahiliyya: pre-islamic period of the Arab

Qur’an: the book containing the words of God revealed to Prophet Muhammad (SAW) in Arabic and transmitted to us by continiuos testimony.

Shari’ah: the path leading to Alla, the Most High, and the path believed by all Muslims to be the path shown by Allah, The Creator Himself through His Messenger, Prophet Muhammad (SAW). Doi (1984:2).

Sunna: the narration of the conduct of the prophet (SAW).

Wasiyya: this means bequest that is a gift of property by its owners to another contingent on the givers death (Doi 1984:128).

 

 

CHAPTER ONE

GENERAL INTRODUCTION 

1.1 Background to the Study

In the name of Allah, the Most Beneficent, the Most Merciful. All thanks are to Allah (SWT) who creates and guides the creatures to the most supreme culture and character. May the peace and blessings of Allah be upon the seal of the Prophets, Muhammad (SAW), who guided the entire mankind respect to rights and honor of individual and groups.Similarly, may Allah be pleased with the companions of the Prophet (SAW) who conveyed the mission and the life styles of the Prophet (SAW) to the subsequent generations.

One of the basic aims of the religion of Islam is to promote consciousness of Allah (SWT) and award rights to the deserving persons. In this regard, Islam awards the rights of those who are either denied or partially considered in the right to inherit their relations. The confusion of man on how to define or to act justly in the inheritance of the left estates of a deceased person brought about every culture to go by their dictate which often lead to the denial or suppression mostly the weaker ones. In the days of Jahiliyyahwomen were totally denied the right to inherit not only they havenot any right to inherit but they are equally properties to be inherited by others. In view of this, the senior son mostly inherit the entire wealth of his deceased parents including the wife/wives who could either turn to be his wife/wives or left them stranded without having the right to re-marry another man. The females and the young ones could not therefore have access to inherit from the estates of their deceased relations.

The advent of Islam brought about the reformation that awarded every member of a deceased family has equal and proportionate right to inherit. Thus, the females and the men are to inherit regardless of their status. The Qur‟an states:

É ٱ  ڦ  ڦ  ڦ  ڦ  پ  پ  پ   پ  ٹ  ٹ  ٹ  ٹ  ڤ  ڤ

ڤ      ڤٿ  ٿ   ٿ  ٿ   ]4:7[

“Men shall have a portion of what the parents And near relatives leaves and woman shall Have portion of what parents and near relatives Leaves, whether there is little or much of it; A stated portion ”. (Q4:7).

In spite of the beautiful presentation of Islamic system of inheritance yet many Muslims appear to be negligent in the observance of the obligation of the injunctions of inheritance. Some societies denied the sharing of the right of inheritance on their assumptions that application of the laws of inheritance could lead to disunity in the family while others neglect the application of the law until the issue culminate to a more challenging situation with the death of the original heirs and others are still exercising the attitude of the Jahiliyya of denial of females and suppression of the young ones in their rights. In the light of this, this research is designed to carefully study the factors affecting the application of Islamic system of inheritance among the Ebira people.

1.2 STATEMENT OF THE PROBLEM

Death is inevitable among people and hence wealth of kinds is left behind after death.The aim of Islam is to allow circulation of wealth in the hands of many in order to promote economic dealings as well as to bring peaceful coexistence among people .In view of this, the Creator took it upon Himself to provide the sharing formula among His creatures. Basically, the knowledge of the Creator transcends the knowledge of all and His mercifulness to creatures supersedes that of all. Therefore the cultural perception is not far from selfishness, ignorance, dominance. If women are to be denied the right to inherit on what rationale such denial was based? Could it because they are not important to the deceased person or could it because they have no personal challenges in life to attain? Likewise denial of the young personsis it because they will remain permanently young without growth to maturity or what could be the reason for such denial? Of course every child or daughter is an offshoot of his parents  how will his feelings be if he denied the right to inherit the estate of his deceased parents, would that not create ill-feelings and hatred against those who denied him? In the same vein, what would be the feelings of the wife who is denied to inherit her husband that has integrated with her and served to him as home in his joyful and sorrow days? Could it be the reason of such denial is because of ignorance of people about the wisdom of sharing formula stipulated by Islam or could it be as a result of considering the system as out dated and no longer obtainable in solving the crisis of inheritance in the contemporary?

1.3       SIGNIFICANCE OF THE STUDY

Perception of the application of Islamic inheritance system among Ebira Muslim is quite alarming. This is because Islam required total submissions to its injunctions and hence negligence of any injunctions could be tantamount to act of disbelieving in accordance to degree of the negligence. In view of this, any research that aims at studying the nature of the denial and the factors that brought it with a view to provide proper Islamic guidance will not only going to be significant in rescuing them from displeasure of Allah (SWT) the Creator, but it will as well promote love and peace among families, which will bring to the entire society the benefit of peace and security.

On the other hand, guiding people to the application of Islamic system of inheritance will permit the possession of wealth into many hands and hence will bring about circulation of wealth that could bring the economic strength of the people and hence their security and peaceful coexistence will be assured.

1.4    OBJECTIVES OF THE STUDY

The following objectives are the research targeted:

  1. To examine the nature of the practice of Islamic inheritance system among the Ebira
  2. To evaluate the implications of the negligence of the application of the Islamic inheritance system among the Ebira
  3. To appraise the factors responsible for the negligence of the application of the Islamic inheritance system among the Ebira
  4. To present and analyze the nature of Islamic system of inheritance as applied on Ebira
  5. To proffer solutions in the light of Shari‟ah guides to the identified problems and challenges of the application of Islamic system of inheritance among Ebira Muslims

1.5  RESEARCH QUESTIONS

  1. What is the nature of the practice of Islamic system of inheritance among the Ebira Muslims?
  2. Are there any implications on the negligence of the application of the Islamic inheritance system among the Ebira Muslims?
  3. What are the factors that are responsible for the negligence of the application of Islamic inheritance system among the Ebira Muslims?
  4. What the nature of Islamic system of inheritance is as applied on Ebira Muslims?
  5. What are the solutions provided by Shari‟ah to the said problems and challenges of the application of Islamic system of inheritance among the Ebira Muslims?

1.6 SCOPE/DELIMITATION OF THE STUDY

The research revolves on the study of the nature of application of Islamic inheritance system among the Ebira Muslims. The Ebira comprises of Ebira Tao and Ebira Igu (Koto karfe) in Kogi state. The Ebira are also found in Nassarawa emirate of the former Benue province in Agatu District and in Akoko Edo Division of Edo known as Igara (Anetuno). Similarly, there are Ebira in Federal Capital territory (FCT) Abuja and Ebira Mozun in riverine area of Bassa Local Government Area of Benue state. Even though there exist some differences in dialect and culture among the Ebira people.

The research is therefore, restricted to Ebira Tao, in Kogi state, which occupies the five local governments among the twenty-one local governments in Kogi state. The affected areas are Okene LGA, Okehi LGA, Ogori-Mangogo LGA, Adavi LGA, and Ajaokuta LGA.The

research shall cover the period between 2016 and 2020.

 

ANALYSIS ON THE CONSEQUENCES OF CULTURE AND CUSTOMS OF EBIRA PEOPLE ON THE PRACTICES OF ISLAMIC STRUCTURE OF INHERITANCE AMONG MUSLIMS IN EBIRA LAND

Leave a Reply