BAGUDU V BALKISU [2025) 14 NWLR (PT. 2005) 317 S.C
ON WHETHER ISLAMIC LAW PERMITS ACKNOWLEDGEMENT OF PATERNITY OF CHILD BORN OUTSIDE FORMAL MARRIAGE
Islamic law permits the acknowledgment of children born from relations even in the absence of formal marriage, as long as the children are recognized by the deceased, either through acknowledgment during his lifetime or through established factual Paternity. In this case, the appellant’s assertion that the absence of legal marriage between deceased and the mothers of the 3rd – 10th and l3th respondents invalidates their right to inherit is unsustainable. They and their mothers are entitled to inherit from the estate of the deceased irrespective of the marital status between the deceased and their mothers. (Pp. 377-378, paras. H-B)
BAGUDU V BALKISU [2025) 14 NWLR (PT. 2005) 317 S.C
ON QUALIFICATIONS FOR RIGHT OF INHERITANCE UNDER ISLAMIC LAW
Inheritance shall not be confirmed for anybody from another person under Islamic law except on the basis of one of the following grounds:
(a) paternity or blood relationship.
(b) marriage, which is a valid contract with the wife.
(c) emancipation, that is to free someone who is a slave boy or girl. (P. 376, paras. H-B)
BAGUDU V BALKISU [2025) 14 NWLR (PT. 2005) 317 S.C
ON BASIS OF RIGHT OF A CHILD TO INHERIT FROM ESTATE OF DECEASED FATHER UNDER ISLAMIC LAW
under islamic law, particularly the Maliki School, the eligibility to inherit from a deceased person’s estate is not contingent upon the formal recognition of a marriage, but on the establishment of a valid relationship through legitimate progeny. (P. 376, paras. F-G)
BAGUDU V BALKISU [2025) 14 NWLR (PT. 2005) 317 S.C
ON WHAT DETERMINES LINEAGE OF A CHILD UNDER ISLAMIC LAW AND RIGHT OF CHILD FROM INVALID OR DOUBTFUL MARRIAGE TO INHERIT FROM ESTATE OF DECEASED FATHER
Under Islamic law, a child’s lineage is established with the man based on a valid marriage, an invalid marriage, a doubtful (shubhah) marriage, ownership of a slave woman, or a doubtful chain of ownership. In such cases, the child’s lineage is atributed to the man, and they inherit from one another. Even if the marriage is invalid in reality according to Islamic law, but the husband believes it to be lawful, and engages in intercourse within it, the child born from such a union is attributed to him and they inherit from one another. The establishment of lineage does not depend on the actual validity of the marriage; rather, the child is attributed to the marital bed (firash). In this case, assuming (without conceding) that the 3rd -10th and 13th – 22nd respondents, the children of the deceased, were from an invalid marriage, their lineage is established to the deceased, and are entitled to inherit from his estate especially as the appellant’s first witness stated in evidence that the deceased did not disown any of his children till he died. In this case, the decision of the Court of Appeal affirming the judgment of the Sharia Court of Appeal is well-grounded in Islamic law. (P378, paras. B-F)