An evaluation of the cultural practices and women’s inheritance rights in Iboland, Eastern Nigeria : a theologicalethical study

Abstract

In Eastern Nigeria, women suffer various forms of deprivation, discrimination and oppression during property sharing, especially touching land, housing and other physical assets. Their rights have been violated by men due to cultural and religious beliefs. Hermeneutical approaches, norms and customs also contribute to these acts. Women's property rights seem a taboo due to cultural setting. Women are deprived of their husbands' properties at marriage, divorce or death. Daughters have no rights over the landed property of their late fathers. The challenge has been that, in patriarchal societies, like Iboland, women are regarded as subservient to men and are not considered in property sharing. Rather, they are often regarded as part of the properties to be shared, especially at the demise of their spouses. The educationally and economically disadvantaged position of girls and women worsen issues, as they can not pursue their course in court. The few court rulings in favour of women's inheritance rights do not make any difference in influencing societies for change of discriminatory practices. Most disturbing is that, though statutory law and international law have affirmed women's rights to land and other property, women are often denied access and ownership to property. This study identifies and examines the Ibos cultural practices and customary laws and reviews the international, regional and national legal framework on women's property inheritance rights. It also identifies some factors such as customary and statutory laws as responsible for discrimination against women vis-à-vis their rights to property and inheritance. The study therefore calls for respect and strict adherence to the Scriptures and Fundamental Human rights. It also calls for urgent legislative intervention: more involvement of traditional rulers, lawyers and judges to combat obnoxious practices; more intensified re-orientation of the Nigerian police; overhauling of the social institution, and more educational opportunities and political appointments for women. In carrying out this research, secondary sources were consulted. Recommendations are proffered on the best way forward in order to attempt to eliminate the harmful cultural practices that are against women's property ownership in Eastern Nigeria, thereby granting women inheritance rights to property.