Analytical Examination of the Islamic Law of Wills (Wasiyya) and Its Interface with Nigerian Succession Law

The Islamic law of Wills (Wasiyya) permits a Muslim testator to bequeath up to one-third of their net estate to non-heirs, subject to Sharia conditions that distinguish valid testamentary dispositions from those that are void or voidable. The interface between Islamic Will law and the Nigerian Wills Act, the customary law of succession, and the Probate Jurisdiction of the High Courts creates a complex multi-system succession law landscape requiring analytical examination. This study analytically examines the Islamic Wasiyya doctrine and its interface with Nigerian statutory succession law. A comparative doctrinal methodology is applied, reviewing classical Islamic Wasiyya jurisprudence across the four Sunni schools, the Nigerian Wills Act 1959 (as applicable in different states), selected probate court decisions from Nigerian High Courts involving Muslim estates from 2015 to 2022, and structured interviews with fifteen Islamic law practitioners and ten Probate Registry officials. The study evaluates the recognition of Islamic Wills by Nigerian courts, the treatment of the one-third limitation under different legal systems, and the management of estates involving both Muslim and non-Muslim beneficiaries. Existing literature identifies the failure of Nigerian courts to apply Islamic succession principles to Muslim estates as a persistent injustice gap. The Maliki doctrine of Wasiyya and the comparative provisions of the Administration of Estates Law provide the analytical framework. Findings are expected to reveal systematic non-recognition of Islamic Will principles in many Nigerian courts. Recommendations address legislative reform and judicial training on Islamic succession law. Keywords: Wasiyya, Islamic will, succession law, Nigeria, estate administration.