THE ROLE OF RELIGION IN WOMEN’S RIGHTS TO PROPERTY AND INHERITANCE IN NIGERIA

 

Oluwakemi Udoh¹*, Sheriff Folarin², Victor Isumonah³

¹Mrs., Covenant University, NIGERIA, oluwakemi.udoh@covenantuniversity.edu.ng

² Prof., Covenant University, NIGERIA, sheriff.folarin@covenantuniversity.edu.ng

³Prof., University of Ibadan, NIGERIA, vadefemiisumonah@gmail.com

*Corresponding author

 

Abstract

The paper aims to assess the role of religion in the realization of women’s rights to property in Nigeria. It begins by establishing that rights to property are human rights. The promotion and protection of these rights in any society are determined by a number of factors such as the customs and traditions that are prevalent in the societies and the religious laws that control behavioural patterns. In discussing this within the Nigerian context, the paper explores the major religions in Nigeria namely, Christianity and Islam; and the body of laws that govern each religion with respect to women’s rights. The paper relies solely on secondary data derived from articles and institutional materials. The justification for the study is that even though Nigeria is a party to a number of international treaties and conventions that promote and protect women’s rights to property, in some socio-cultural settings, these women are either discriminated against or denied their access to tangible assets and in most cases viewed as assets to be owned or inherited. Among some ethnic groups in Nigeria, the woman is viewed as inferior to the man as male-children are generally celebrated, and have higher portions of property during property sharing. Sometimes, a widow receives nothing as inheritance and is not even allowed to purchase any asset. The paper reveals that, Islamic and Christian religion laws do not expressly disregard the woman or discriminate her in terms of property rights. These religious laws have in fact, to a reasonable extent made provisions for the protection of women’s rights to property and inheritance; and are only interpreted to suit prevailing traditions. In addition, it argues that, religion could be useful in re-orientating minds against existing discriminatory traditions against women. In conclusion, the paper argues and recommends that, providing legal frameworks for the protection of women from discrimination is not enough. International and national legislations should be strengthened and backed up with punitive justice for violators. It is also recommended that, barbaric customs and traditions that are gender-insensitive be abolished.

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