An Investigation of the Impact of Constitutional Law on Women's Inheritance Rights: A Case Study of Kano Municipal Local Government Area, Kano State
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- Table of Content: Available
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Chapter One: Introduction
1.1 Background of the Study
Inheritance rights for women in Nigeria have been a subject of debate, particularly in light of traditional practices and the provisions of the Nigerian Constitution. While the Constitution guarantees equality for all citizens, customary laws in some regions, such as Kano Municipal LGA, often favor men over women in matters of inheritance (Musa & Bello, 2023). This study will investigate how constitutional law impacts women's inheritance rights, focusing on the interaction between formal constitutional provisions and local customs in Kano Municipal.
1.2 Statement of the Problem
In Kano Municipal LGA, many women face legal and societal challenges in claiming inheritance from family members due to the persistence of discriminatory customary practices that limit women's access to land and property (Aminu & Sadiq, 2023). Despite constitutional guarantees of gender equality, these barriers prevent women from enjoying their inheritance rights. This study seeks to explore how constitutional law can influence the recognition and enforcement of women's inheritance rights in the face of customary practices.
1.3 Objectives of the Study
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To examine the role of constitutional law in safeguarding women's inheritance rights in Kano Municipal LGA.
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To assess the impact of traditional inheritance practices on the enforcement of women's rights.
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To provide recommendations for improving women's inheritance rights through constitutional legal reforms.
1.4 Research Questions
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How does constitutional law affect women's inheritance rights in Kano Municipal LGA?
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What are the main obstacles to the enforcement of women's inheritance rights in Kano?
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How can the constitutional protection of women's rights be better implemented in relation to inheritance issues?
1.5 Research Hypothesis
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H₁: Constitutional law has a significant impact on improving women's inheritance rights, but its enforcement is hindered by customary laws.
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H₂: Customary inheritance practices in Kano Municipal significantly undermine women's access to inheritance despite constitutional provisions.
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H₃: Strengthening the enforcement of constitutional gender equality provisions will improve women's inheritance rights in Kano Municipal LGA.
1.6 Significance of the Study
This study will contribute to the understanding of how constitutional law can address gender inequality in inheritance practices in Nigeria, specifically in Kano Municipal LGA. The findings will inform policy recommendations and legal reforms to ensure that women’s inheritance rights are protected.
1.7 Scope and Limitations of the Study
The study will focus on Kano Municipal LGA and examine the interplay between constitutional law and customary inheritance practices. Limitations include the potential reluctance of respondents to openly discuss inheritance matters due to cultural sensitivities and the complexity of customary law.
1.8 Operational Definition of Terms
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Inheritance Rights: The legal entitlement to receive property or assets from a deceased family member.
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Constitutional Law: The body of law established by the Nigerian Constitution, which guarantees equality and protection of women's rights.
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Customary Law: Traditional legal practices that govern matters such as inheritance, often differing from statutory law and sometimes conflicting with constitutional guarantees.
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