AN INVESTIGATION INTO THE PRACTICE AND EFFECT OF WIDOW INHERITANCE IN OSUN STATE 1950-1960

CHAPTER ONE

INTRODUCTION

Background of the study

Regardless of the prevailing cultural mores in the nation, widowhood in Nigeria is a challenging experience that causes challenges in many areas of life. Numerous studies and investigations have been conducted on the challenges posed by Nigerian inheritance practices and widowhood. The results show that they are dressed in a toga composed of components from the social, psychological, and economic spheres (Pearce, 2021; Robinson, 2021: Uchedu, 2018). Widows are particularly vulnerable to the debilitating consequences that these issues may have on their life, especially in the initial years following the loss of a spouse. The idea positing a direct relationship between gender and the rate of economic expansion is gaining traction globally (Knowles et al., 2020).  One school of thinking holds that women in most developing nations do not receive enough support when it comes to their rights to inheritance, legal rights, social status, health, education, and opportunity. This is especially true in our country. The observation that women inherit less money than males serves as the foundation for this thesis. This school of thought includes one of the most frequently held views (Dollar and Gatti, 2019). After the loss of their spouse, it is safe to assume that in most cases, the widow and the widower will go through roughly the same amount of pain.  However, it appears that men's behaviour is the norm when it comes to social conduct in Nigeria. In practically every sphere of Nigerian society, this is the case. Historical accounts indicate that men contributed far more to the development of ancient African civilisation than did women.In contemporary Nigerian society, there is still a strong belief that the long-standing tradition of male supremacy should continue. Widows in Nigeria have significant challenges in their daily lives; this is a widely known and accepted truth in the nation.  Given how long-standing and discriminatory the practice of widowhood has been in Nigeria, it should not be shocking that it appears to be negatively affecting women's personalities. It also violates the provisions of several other international treaties and conventions that are related to the topic of this article, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The biggest barrier to the millions of widows who reside in the Igbo nation realising their human rights is its prevalence, which is ingrained in our customs (Okoye, 2019).   The main piece of legislation that governs inheritance law in Nigerian official weddings is the Marriage Act of 1990. In 1990, the Marriage Act of 1990 became operative. A woman is entitled to inherit a portion of her husband's assets and inheritance, which may include land, in accordance with the provisions of this legislation. The woman's spouse may leave her this inheritance (section 26). To reiterate, in the event that a will specifies how the deceased person's estate is to be divided after their passing, the administration of the estate will be carried out in line with their desires.  All of that being said, this specific area of the law is primarily theoretical. The representation that was created and the reality are very different. Worst of all, the abundance of laws governing inheritance leaves a gap that lets traditionalists and the courts—who could include dishonest relatives—choose the rules that serve their own interests, frequently at the expense of the grieving lady. The Yoruba customs stipulate that a widow is not entitled to any inheritance from the estate of her late husband. Any real estate is included in this. Most of the time, the deceased person's family members think that the property in issue is a birthright and part of the family's legacy (Nwogugu, 2017). The custom does not recognise the purchase of property with a husband as giving the woman any claim to any portion of the property, even though it is evident that the woman was involved in the acquisition of the property. There is no better way to understand what it's like to be a widow without a son than through firsthand experience. In the great majority of these cases, she is a complete loser as she does not inherit anything, directly or indirectly. She gains nothing from the good fortune of others. Therefore, this study investigates the practice and effect of widow inheritance in Osun state 1950-1960.

Statement of the problem

Over the last few decades, research has demonstrated that widows account for a sizable portion of adult female population in many African civilisations (Okoye, 2019; Pearce, 2021; Fasoranti, and Aruna, 2017). It's also critical to emphasise that comprehensive study on the dynamics of widowhood and inheritance practices has not been conducted in Nigeria (Fasoranti and Aruna, 2017). 

As a direct result, the little knowledge we do now have on this subject is primarily composed of unprocessed, raw material. 

There is still a substantial information deficit regarding the use of a methodical and financed sociological and cosmological approach to this crucial area of growth. For the same reason—the lack of an analytical method—studies on widowhood behaviours in Osun State's rural and urban communities are notably limited (Babatunde, 2015). Additionally, there aren't many diachronic studies that attempt to show how widowhood customs have evolved or altered over time, especially in response to modernisation and religion (mostly Christianity and Islam). These research would show how widowhood customs have altered or evolved throughout time.  This essay amply demonstrates how history, shaped by religious and cultural conceptions, has undoubtedly produced the practice of widowhood. Widows lose everything that their late spouse owned, including money, a car, landed property, and other items that allowed them to maintain their standard of living (Babatunde, 2015). In the Yoruba society, especially in the state of Osun, damaging widowhood and inheritance customs are still widely practiced. It's a common misconception that widows in urban areas have greater access to inheritance practices than widows in rural areas. The idea that widows in rural and urban areas suffer different levels of difficulty is supported by all of these variables. Hence, this study investigates Practice and Effect of Widow inheritance in Osun state 1950-1960.

Objective of the study

The primary objective of the study is to investigate the practice and effect of widow inheritance in Osun state 1950-1960. The specific objectives is as follows:

To examine the different inheritance practices amongst the Yoruba people.

To find out the factors influencing Widowhood Practices in Osun State.

To proffers constitutional measures and judicial pronouncement in combating the various forms of disinheritance faced by women in Osun State.

Research Questions

The following questions have been formuated for the study:

What are the different inheritance practices amongst the Yoruba people?

What are  the factors influencing Widowhood Practices in Osun State?

What are the constitutional measures and judicial pronouncement in combating the various forms of disinheritance faced by women in Osun State.

Significance of the study

The significance of the research lies in the fact that the findings would be helpful to those in Nigeria who are responsible for formulating policy and putting development programs into action. It is also possible for it to be altered in societies that are similar to one another in order to combat the problem of inequality between men and women. It is anticipated that anyone studying development-related fields, such as students and researchers, would find the work to be very beneficial. It is also intended that the effort would highlight useful insights on the readiness of Osun State in terms of achieving the Millennium Development Goals. The results of the research will, above all else, assist in the long run to address problematic widowhood practices among Nigeria's rural and urban women. The study will also be of benefit to the academic community as it will contribute to the existing literature.

1.6 Scope of the study

The study focus on the practice and effect of widow inheritance in Osun state 1950-1960.  empirically, the study will find out the factors influencing Widowhood Practices in Osun State. Lastly, the study will proffers constitutional measures and judicial pronouncement in combating the various forms of disinheritance faced by women in Osun State. Hence, this study will be delimited to Osun State.

1.7 Research Methodology

Research methodology deals with the different ways or methods the researcher applied in order to carry out the research as well as the instrument used for gathering the data. There are several research methodologies appropriate for answering the research questions. The type of research methodology used in this research to gather data and relevant information is the historical research and the study will adopt descriptive method of data collection. This will involve the collection of materials from secondary sources, such as books, journal articles, magazines, internet sources, international and national conference proceedings, published and unpublished articles.

1.8 Organization of the study

The study consisted of five chapters. Chapter one comprised background of the study and a general introduction to the work. It included statement of problem of the study, highlighted the objectives of the study, the scope within which the research was conducted is also highlighted. An outline of how the work is organized is also detailed in the chapter one. The chapter two of the study the different inheritance practices amongst the Yoruba people. Chapter three find out the factors influencing Widowhood Practices in Osun State. Chapter four proffers constitutional measures and judicial pronouncement in combating the various forms of disinheritance faced by women in Osun State and the chapter five is a summary of the major findings with recommendations and conclusion to the study.

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