Interaction Between Islamic Law And Customary Law Of Succession Among The Yoruba People

ABSTRACT

The issue of legal pluralism has been with Nigeria since the inception of British rule in the country in the middle of the 19th century. The 1979 Constitution merely affirms the existence of different systems of Courts. It will appear from Sections 226 242 and 247 of the Constitution that a great recognition is being given to both the Sharia (i.e. Islamic Low) and the Customary Law, but on the whole, the general law which, in the context of this thesis, md is the received English law and local legislation seems to enjoy a self-imposed suprermacy over the other two legal cultures. It will be seen that this multiplicity of legal cultures otherwise known as legal pluralism has arisen in Nigeria by a variety of factors: ethnic heterogeneity: Muslim conquest and Islamisation; as well as British Colonial rule coupled with Christian evangelisation. It is therefore the first aim of this work to find out how the two non-British legal cultures have been operating among the Yoruba people particularly in the sphere of succession. As will be seen later on in the work, it would appear that Customary low enjoys o sort of hegemony over the Islamic Law in the area under review.