Some of you going to the marriage registry, this is one of the repercussions of your action after your death:
Just last month, the Kwara State Shariah Court of Appeal in Ilorin held in Mohammed V. Muhammed Appeal No.: KWS/SCA/CV/AP/IL/14/22
A Muslim got married under the Act i.e. statutory marriage and has chosen that his estate be administered in accordance with the Administration of Estate law and not the sharee’ah. This is the natural implication once you stepped into registry for marriage, the Marriage Act applies automatically.
The deceased in that case, a military officer got married to his 1st wife (now an Evangelist) under the Act.
He later got married to three other women under the Islamic law. Upon his death, his first daughter applied to the Nigerian Army for the entitlement of their father she got #36m.
All efforts by the other wives of the man to get their own share of the money proved abortive.
So, they approached Upper Area court in Ilorin for redress. The first wife raised an objection that she got married to the deceased under the Marriage Act and as such, Islamic law can not be administered over his Estate.
The Upper Area court in Ilorin overruled her objection while the objection was upheld at the Shariah court of Appeal, Ilorin. (Meaning that the Shariah court agrees with her that Islamic Law is not applicable to her. Hence she and her children alone take all the inheritance of the deceased husband)
We will continue to tell you the negative implication of getting married under the Act if you care to listen.
May Allah protect us from ignorance.
Barr. Taiwo Hassan Adediran
Originally posted on Sat _24 _September _2022AH 24-9-2022AD @ 6:00 am