Administration of Orphan Property Under Islamic Law in Yobe State: Legal Provisions and Practice

Islamic law places extensive obligations on guardians and the state regarding the protection and proper management of orphan property, establishing a trust-based framework that prohibits exploitation and requires periodic accountability. In Yobe State, where conflict and displacement have created large numbers of orphans, the legal administration of orphan property deserves empirical examination. This study examines Islamic legal provisions on orphan property administration and their practical application in Yobe State. A descriptive case study methodology is applied to twenty-five orphan estate management cases from Damaturu Area Court and the State High Court, supplemented by interviews with twelve guardians, eight court officials, and five Islamic scholars. The study investigates the appointment and obligations of property guardians under Islamic law, the role of the Qadi in supervising guardianship, the prohibition on mixing orphan property with guardian assets, and remedies available when guardians breach their obligations. Existing literature from North East Nigeria identifies the crisis-context collapse of formal guardianship oversight mechanisms as a significant vulnerability for orphan property protection. The Quranic verses on orphan property protection (Surah An-Nisa) and their classical jurisprudential elaboration provide the normative framework. Findings are expected to reveal inadequate institutional oversight alongside individual guardian exploitation. Recommendations address formal orphan property registry requirements, judicial oversight procedures, and state welfare integration with Islamic guardianship mechanisms. Keywords: orphan property, Islamic guardianship, Yobe State, property law, North East Nigeria.