التّركة في عرف يوربا بولاية أويو: تحليلا وتقييما

The sharing out of the estate according to the Yoruba customary practice is opposed to Islamic legal system. This is because the former is characterized by acts of oppression and injustice. In the Yoruba customary system, the wife cannot inherit her husband; she is just treated as part of the properties left behind by her husband. Also, it is considered as a shameful act for the parents to have a share from the estate left by their child. Besides, the couple cannot inherit each other; while only the adult children have the right to inheritance. In the absence of an adult, at least, among the children, the estate becomes the property of the deceased brother. This problem remains yet to be solved in the Yoruba society, where the Muslims are in the majority, and despite the efforts of the researchers in dealing with the issue in question. Thus, this article also aims to bring to light the Yoruba customary system of inheritance. It draws attention of the Muslim community to the need to adopt the Islamic legal system of inheritance; for the Islamic law, in all its systems, is characteristically flawless and complete. Meanwhile, keeping justice among the people, and consideration of the welfares of the individuals within the family and the society at large, are the priorities of Islamic law, among other things.