Ajibola Bello, Esq.
I had the distinct privilege of perusing the astute and enlightening legal piece authored by my esteemed colleague, Pelumi Olajengbesi Esq., on the aforementioned topic, originally entitled “What a Woman Can Do to Secure Her Husband’s Wealth After His Demise.”
While I commend the underlying thoughtfulness of the piece, I observed that certain segments of the married female populace who have not entered into statutory marriage may have experienced a sense of trepidation upon engaging with the text. This apprehension arises from a particular passage which asserts:
“Only a woman married under the Marriage Act (commonly referred to as Court Marriage), and her children, enjoy unequivocal statutory protection as primary beneficiaries of her husband’s estate. In the absence of this, the risk of marginalization is palpable.”
Interpreting this statement at face value, a woman wed under Islamic law, yet unacquainted with the principles governing the distribution of her deceased husband’s estate, or a woman united in a customary marriage, may feel distressed, believing that legal safeguards are unavailable to them. In light of these considerations, this piece aims to complement my brother’s work by elucidating for women married under Islamic and customary law, the measures they can undertake to secure their husbands’ wealth in the event of demise.
For Marriages Under Islamic Law:
Primarily, it is an established notion that marriages conducted under Islamic law may be polygamous, permitting the union of more than one wife. Furthermore, the distribution of a deceased’s estate, whether male or female, is stringently governed by the provisions of Chapter 4 (Surat Al-Nisa) of the Holy Quran. Notably, verse 12 explicitly stipulates that a woman shall inherit one-quarter (1/4) of her husband’s wealth if there are no children, and one-eighth (1/8) if children are present. Indeed, there seem to be no other legal framework globally, that delineates specific proportions of inheritance for women from their deceased spouse’s estate.
In light of this stipulated proportion, it is imperative for the woman to recognize that her husband possesses the discretion to bequeath only one-third (1/3) of his assets as he sees fit, independent of Quranic prescriptions. Should he neglect to execute such a will, the provisions of the Quran will govern the entirety of his estate.
To assert the proportion designated in the Quran, the woman should endeavor to retain her marriage certificate, provided that the place of worship where the marriage was solemnized issues such documentation. If the marriage occurred in a domestic setting, the parties may approach any mosque administered by recognized Islamic institutions, such as NASFAT or Ansar-u-Deen, to ensure that the woman possesses official documentation of her union.
A pivotal aspect of Islamic jurisprudence is the testimony of witnesses, given the profound significance Allah (swt) places on the veracity of testimony. Consequently, if the woman is unable to procure a marriage certificate, she should ensure she has the names and particulars of individuals who witnessed the ceremony. In this contemporary era, even photographic evidence of the wedding may suffice for her to claim her rightful portion of her husband’s estate upon his demise.
It is also pertinent to note that the estate of a deceased Muslim will be administered in accordance with Islamic law, regarded as his personal law. The Court in the case of Ajibaiye v Ajibaiye (2007) ALL FWLR (Pt. 359) 1321 at 1350 Paras. E – G (CA) affirmed that the properties of a deceased Muslim man must be allocated strictly in accordance with Islamic law once the lawful heirs have been identified.
Moreover, it should be reassuring to know that the Shariah court is established to adjudicate, in alignment with the Quran, the entitlements of a woman from her deceased husband’s estate, with recourse available all the way to the Supreme Court, as all tiers of superior courts of record feature judges well-versed in the Islamic laws of inheritance.
For Marriages Under Customary Law:
A salient characteristic of customary law is its largely unwritten nature. Consequently, documentation is typically deemed of lesser significance within customary practices, including marriage. Therefore, the likelihood of possessing a marriage certificate under customary law is almost negligible.
Nonetheless, a woman can substantiate her marriage to a man under customary law through the testimony of eyewitnesses. Photographic evidence and other forms of documentation can also serve to validate the marriage and significantly bolster the woman’s status within the union. However, it is advisable to obtain some form of documentation to assist in this proof.
General Note on Security Irrespective of Type of Marriage:
Once a man passes away intestate, the law governing the Administration of Estates dictates the issuance of letters of administration. Drawing from the Administration of Estates Law of Lagos State 2015 and its antecedent in the 1959 edition, the spouse of the deceased occupies the foremost position among individuals eligible to receive Letters of Administration. Therefore, all that must be demonstrated is the marriage to the deceased, whether under statutory, Islamic, or customary law.
One of the most prudent measures for a woman to secure her husband’s wealth with minimal risk is to have the property that the husband intends for her to inherit formally bestowed upon her as a gift inter vivos during his lifetime. This principle was recently exemplified in Alhaji Fatihu Idris &Anor v. Alhaji Gali Idris (2025) Legalpedia 70706 (Sc), wherein a father conferred four houses upon his son during his lifetime, thereby excluding those properties from the estate subject to distribution under Islamic inheritance law. Engaging a legal professional to oversee this gift is advisable, ensuring it constitutes a genuine transfer made through the execution of a Deed of Gift, attested by reputable individuals, with a copy of the deed filed at the Probate registry as part of the properties designated for exclusion from administration.
The acquisition of properties in the woman’s name can also effectively shield those assets from the potential disputes associated with the administration and devolution of estate.
While this discourse and that of my brother, Pelumi, predominantly focus on women, I feel compelled to conclude by urging men who genuinely cherish their wives and children to act judiciously. Engaging a Family Wealth Consultant, ideally a lawyer, to analyze family dynamics and assist in the regulation of wealth succession and devolution within the nuclear family is paramount. Such proactive measures can avert the chaos that often ensues in the absence of a well-considered plan upon a man’s demise.
Ajibola Bello, Esq.
Deputy Managing Partner,
Law Corridor.
Group Lead,
Corporate, Commercial and Industrial Law (CCI) Practice Group
ajibola@lawcorridor.org
