The Role of Customary Law in Property Inheritance Among Widows in Borno State

Customary inheritance practices in Borno State, North East Nigeria, continue to disinherit widows of property rights, despite constitutional guarantees and international human rights obligations. This study investigates how customary law governs property inheritance for widows in Borno State, examining the tension between Islamic inheritance principles under Sharia law, customary Kanuri practices, and the constitutional right to property under Section 43 of the 1999 Constitution. Using a qualitative research methodology, the study conducts focus group discussions with 60 widows and 20 community leaders across Maiduguri, Biu, and Gwoza, supplemented by doctrinal analysis of statutory frameworks and case law. Findings reveal that widows are routinely denied rights to matrimonial homes and farmland upon the death of their husbands, with in-laws frequently invoking customary norms to justify disinheritance. The research notes that the application of Sharia inheritance law is inconsistent, with outcomes often determined by power dynamics within extended family structures rather than strict legal principles. The study examines comparative approaches from Kano State and Niger and recommends legislative intervention to establish minimum property rights for widows regardless of applicable customary or religious law. Community mediation is proposed as a culturally sensitive complementary mechanism. Keywords: customary law, inheritance, widows, Borno State, property rights