Introduction
Customary Land law in Nigeria from earliest time is one of the oldest systems in Nigeria that remained relevant until the coming of the Europeans in the late 19th century. Customary land law and in Southern Kaduna predates the time of the creation of the place referred to today as ―Southern Kaduna‖. The historical background of customary law in relation to land in Southern Kaduna is similar in some areas to other customs indigenous to Nigeria. However some minor differences exist, particularly as regards the right of women to own immovable property,
i.e. real property rights of women in Southern Kaduna, which forms the basis of the entire discussion in this work.
The term ―right‖ refers to the freedom and liberties of human beings to live with dignity.
―All human beings are born free and equal in dignity and rights‖1. Women‘s right as a term refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or illicitly suppressed by law, custom and behavior in a particular society2. These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for the male folk. Although the activism surrounding this issue claims an inherent historical and traditional prejudice against the exercise of rights by women, but nonetheless, the emergence of municipal, regional and international laws over time have indeed relegated this claim. Women‘s right is usually associated with the right: to vote (universal suffrage), to own property, and to marital, parental and religious freedom.3 This work centers on women‘s right to property especially under the customary law of the people of Southern Kaduna in Nigeria. Upon her marriage, customary law entitles a woman to the provision of a home by her husband, even though a woman under some customs is treated like a property and subject of testamentary disposition4. While married to her husband, she is entitled to use such chattels as provided by him and to farm and harvest from any portion of the land which is allotted to her. Her right, however, is not proprietary for she evidently cannot hold or dispose of any part of the property.5 She does not by virtue of her marriage become co-owner or joint-owner of her husband‘s property nor does her marriage secure for her the right to inherit such property on her husband‘s death6.The above is the position in Southern Kaduna state in Nigeria. As Justice OPUTA puts it: ―A woman cannot own land in her own right in many communities as custom of such communities demand. She only has custody of any piece of land the husband permits her to cultivate or else holds any land in trust for her male children only…
Terms of Use: This is an academic paper. Students should NOT copy our materials word to word, as we DO NOT encourage Plagiarism. Only use as a guide in developing your original research work. Thanks.
Disclaimer: All undertaking works, records, and reports posted on this website, eprojectguide.com are the property/copyright of their individual proprietors. They are for research reference/direction purposes and the works are publicly supported. Do not present another person’s work as your own to maintain a strategic distance from counterfeiting its results. Use it as a guide and not duplicate the work in exactly the same words (verbatim). eprojectguide.com is a vault of exploration works simply like academia.edu, researchgate.net, scribd.com, docsity.com, course hero, and numerous different stages where clients transfer works. The paid membership on eprojectguide.com is a method by which the site is kept up to help Open Education. In the event that you see your work posted here, and you need it to be eliminated/credited, it would be ideal if you call us on +2348064699975 or send us a mail along with the web address linked to the work, to eprojectguide@gmail.com. We will answer to and honor each solicitation. Kindly note notification it might take up to 24 – 48 hours to handle your solicitation.