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Intestate Succession Law does not apply to Muslims - Scholar

Sun, 27 Aug 2000 Source: GNA

Accra, Aug. 27, GNA - The Intestate Succession Law, PNDC Law 111, does not apply to Muslims since they do not die without making a will.The Koran stipulates clearly how the assets of a deceased Muslim should be distributed among surviving heirs and, therefore, rules out the possibility of any of them dying without making a will for the Law to apply in the affairs of a true practitioner.

A lecturer at the Department of Religion of the University of Ghana, Alhaji Mumuni Sulemana said this after delivering a paper at the first National Seminar on "Muslim Leadership in Ghana" at Legon on Saturday His topic was "The history of Muslim Leadership in Ghana".

Alhaji Sulemana, who was answering questions from Newsmen, said that the law is in conflict with the Islamic Law on Inheritance. In the case of the death of a Muslim, the elders are to distribute the wealth acquired by the deceased according to the dictates of Muslim tradition as enshrined in the Koran and not to engage the services of a law court for distribution. Alhaji Sulemana said that though some Muslims have been going to secular courts to make a will against the Koranic provisions, usually no sanctions are applied against them because of the Muslim belief that Allah is the supreme judge of all. He said no one could excommunicate or take any action against an errant Muslim on the administration of assets, since everyone worships Allah on his conscience and the dictates of the Koran.

Source: GNA