THE IMPLICATIONS OF CULTURE AND TRADITIONS OF EBIRA PEOPLE ON THE PRACTICES OF ISLAMIC SYSTEM OF INHERITANCE AMONG MUSLIMS IN EBIRA LAND

 THE IMPLICATIONS OF CULTURE AND TRADITIONS OF EBIRA PEOPLE ON THE PRACTICES OF ISLAMIC SYSTEM 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 government areas.Some Islamic organizations were selected, where
an in portant 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 inheritance and non-compliance of Muslims in Ebira
land to the Islamic system of inheritance brought about crises that lead to disunity and crimes
among members 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. 

 ANALYSIS ON THE IMPLICATIONS OF CULTURE AND TRADITIONS OF EBIRA
PEOPLE ON THE PRACTICES OF ISLAMIC SYSTEM 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 government areas.Some Islamic organizations were selected, where
an in portant 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 inheritance and non-compliance of Muslims in Ebira
land to the Islamic system of inheritance brought about crises that lead to disunity and crimes
among members 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

Declaration

Certification

Dedication

Acknowledgements

Abstract

Table of contents

Abbreviation

Table of Transliteration

Definition of terms

CHAPTER ONE: GENERAL INTRODUCTION

1.1 Background of the study

1.2 Statement of the problems

1.3 Significance of the study

1.4 Objectives of the study

1.5 Research questions

1.6 Scope/Delimitation of the study

CHAPTER TWO: LITERATRUE REVIEW

2.1 Historical Background of Ebira land

2.2 Geographical location

2.3 Tribes and clans found in Ebira land

2.4 Ebira in pre-Islamic era

2.5 Islam in Ebira land

2.6 Impact of Islam on Ebira traditions

2.7 Concept of Islamic Cuture in Islam

2.7.1 Characteristics of Islamic Culture

2.8 Islamic Concept of Inheritance

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

2.8.2 Features of Inheritance

2.8.3 Essentials of Inheritance

2.8.4 Conditions of Inheritance

2.8.5 Ground of Inheritance

2.9 The Heirs

2.9.1 The sharers (As-Habul Furud)

2.9.2 Residuaries (Asabah)

2.9.3 The Uterine (Dhawul Arham)

2.9.4 Standard Heirs

2.9.5 Standard Female Heirs

2.9.6 Exclusion (Hajb)

2.9.7 Categories of Exclusion (al-Hajb)

2.10 Significance of Inheritance

2.11 Method of Distributing Inheritance

2.11.1 Prescription Inheritance (Fard)

2.11.2 Agnatic Relation (Ta‟sib)

2.11.3 Independent Agnate (Ta‟sib)

2.11.4 Rank of independent Agnate (Ta‟sib)

2.11.5 Female agnate by association (Ta‟sib)

2.11.6 Joint Agnate (Ta‟sib)

CHAPTER THREE: METHODOLOGY

3.1 Research Design and Procedure

3.2 Research Population

3.3 Sample and Sampling Techniques

3.4 Sample Distribution

3.5 Reasearch Instruments

3.6 Validity /Reliability of theInstruments

3.7 Method of Data Collection

CHAPTER FOUR: DATA ANALYSIS AND PRESENTATIONS

4.1 Introduction

4.2 Analysis of Variable in Frequencies and Percentage

4.3 Summary of the Major Findings

4.4 Discussion of the Findings

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATION

5.1 Summary

5.2 Conclusion

5.3 Recommendations

References

Appendix I

Appendix

 

 

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:

ٱ ڦ ڦ ڦ ڦ پ پ پ پ ٹ ٹ ٹ ٹ ڤ ڤ É

] 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

Muslims.

2. To evaluate the implications of the negligence of the application of the Islamic

inheritance system among the Ebira Muslims.

3. To appraise the factors responsible for the negligence of the application of the Islamic

inheritance system among the Ebira Muslims.

4. To present and analyze the nature of Islamic system of inheritance as applied on Ebira

Muslims.

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.