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European Journal of Applied Sciences – Vol. 13, No. 1

Publication Date: February 25, 2025

DOI:10.14738/aivp.131.18256.

Khamis, L. T. (2025). Islamic Will and Estate Management: A Case Study of Luweero District, Uganda. European Journal of Applied

Sciences, Vol - 13(1). 295-304.

Services for Science and Education – United Kingdom

Islamic Will and Estate Management: A Case Study of Luweero

District, Uganda

Lubega Twaha Khamis

School of Social and Human Studies,

Atlantic International University, Pioneer Plaza,

900 Fort Street Mall 905, Honolulu, Hawaii 96813, USA

ABSTRACT

This study explores the practices of Islamic will and estate management in Luweero

District, Uganda, aiming to understand how Islamic principles influence the

administration of estates among Muslim communities. The research employed a

qualitative methodology, including interviews with local community leaders, legal

practitioners, and family members involved in estate management. Key findings

reveal that while Islamic will are widely respected, there are challenges in aligning

local customary laws with Islamic practices. The lack of awareness about Islamic

estate management and limited access to legal frameworks further complicate the

situation. Additionally, the study identifies successful community initiatives aimed

at educating Muslims about their rights and obligations under Islamic law. These

findings underscore the importance of integrating Islamic principles into local

estate management practices and highlight the need for community- based legal

education to ensure equitable estate distribution in the context of Islamic law.

Keywords: Islamic Will, Estate management, Uganda, Luweero District, Customary law.

INTRODUCTION

The administration of estates following an individual’s death is a crucial issue across different

cultural and religious contexts, particularly within Islamic communities. The issue of Islamic

wills and estate management is particularly pertinent in regions like Luweero District, Uganda,

where a significant Muslim population adheres to both Islamic law (Sharia) and local customary

practices. Estate management in Islam emphasizes equitable distribution of wealth, ensuring

that heirs inherit their rightful portions as prescribed by the Qur’an and Hadith (Al-Qaradawi,

1999; Haneef, 2021). However, in Uganda, various challenges arise as the practices surrounding

Islamic inheritance often conflict with established local customs (Ali, 2020; Rahman, 2017).

The significance of this study lies in its potential to illuminate the complexities surrounding

Islamic will and estate management within a specific sociocultural context. Past studies indicate

substantial gaps in understanding hoe local customary practices interact with Islamic legal

frameworks (Esposito, 2000; Wright, 2016). Many Muslim families face disputes and challenges

regarding asset distribution due to lack of awareness about their rights under Islamic law,

resulting in inequalities, especially affecting women (Khan, 2019, Sweeney, 2021).

Furthermore, existing literature lacks comprehensive exploration of community attitudes

towards Islamic estate practices in Ugandan society, highlighting a pressing need for empirical

research (Dodd, 2019; Yusuf, 2015). While traditional practices persist among these

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European Journal of Applied Sciences (EJAS) Vol. 13, Issue 1, February-2025

communities, there remains a disconnect between prescribed Islamic customs and the lived

experiences of individuals regarding estate management.

The objectives of this study are fourfold: (1) to explore the current practices surrounding

Islamic wills in Luweero District, (2) to identify challenges encountered by Muslim community

in effectively managing estates, (3) to assess the alignment of local practices with Islamic

principles, and (4) to propose solutions that enhance the equitable management of estates

among Muslims. This will contribute to addressing the knowledge gap while fostering a better

understanding and implementation of Islamic estate practices in the context of Ugandan law.

Problem Description

The misalignment between Islamic legal principles and local customary practices complicates

estate management for Muslim families, leading to disputes and inequitable distributions of

wealth.

Research Objectives

1. Explore current Islamic will practices in Luweero District.

2. Identify challenges in Islamic estate management among Muslims.

3. Assess compliance of local practices with Islamic law frameworks.

4. Propose community – based solutions for effective estate management.

MATERIALS AND METHODS

The study utilized qualitative research methods involving semi- structured interviews with 30

participants, including Islamic leaders and legal experts in Luweero District. Data was analyzed

thematically to uncover prevalent patterns in Islamic estate management practices.

Theoretical Background

The theoretical background for this study is anchored in several interrelated fields, including

jurisprudence, estate management theories, sociology, and legal pluralism. These frameworks

collectively provide nuanced understanding of how Islamic inheritance laws operate within a

specific cultural context.

Islamic Jurisprudence (Fiqh):

Islamic jurisprudence, or fiqh, serves as the foundational theoretical framework for

understanding Islamic will and estate management. The principles of inheritance in Islam are

predominantly derived from the Qur’an and Hadith, which provide explicit guidelines

regarding the distribution of wealth among heirs. Key concepts include:

• Mandatory Provisions: The Qur’an stipulates fixed shares for various heirs (e.g.,

daughters, sons, spouses) and outlines the categories of those who are entitled to

inherit (Al- Qaradawi, 1999). The notion of justice and equity is central in Islamic

inheritance law, aiming to prevent disputes and ensure fairness among family

members.

• Wasiyyah (Will Writing): the practice of writing a will (Wasiyyah) is highly

encouraged in Islam (Al-Mawardi, 2008). While it is not obligatory, it is recommended

to specify how one’s property should be distributed beyond the obligatory shares