Preface

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these primary sources of Islamic law that Muslim jurists were able to work out the
legal expositions of Mirath (law of Inheritance) which deals with calculation and
actual distribution of the estate among the legitimate heirs. In the instant case as we
have seen in the lower court’s judgment the deceased Adama Aliu Ceessay died
and left behind two widows and two sisters only, no parents and no issues. In
verses 176 & 12 of Suratul- Al-Nisa’i of the holy Qur’an the almighty Allah says:
It is on the basis of these verses that jurists worked out and calculated the
share of a sister or sisters to a deceased. In a famous book of Fiqh “Ar-Risala” by
Ibn Abi Zayd Al-Qairawani on page 227, it is stated thus:
Meaning: The presence of a deceased’s father or his son or grandson excludes
sisters from Inheritance. Also the presence of germane brothers and sisters
excludes the Consanguine Brothers and sisters from inheritance. However, in the
absence of the former the latter steps into their shoes. Where a germane sister and
consanguine sister or sisters are left, the germane sister’s share is ½ while that of
the consanguine sister or sisters is 1/6. If the germane sister is more than one they
exclude other consanguine sisters. The share of a husband from the estate of his