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Research on Humanities and Social Sciences ISSN 2222-1719 (Paper ISSN 2222-2!"# ($nline %ol.#& No.1!

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Sociological Analysis of the Changing Patterns of Inheritance and Succession in Traditional African Society
Ishor& (a)id *e)er1+ ,n-a.u& /dward (auda I0rahim.1+ Id1orough& Solata 2dei2+ Nwanan& Isti3anus Samuel#. 1. (epartment o3 Sociolog1& 4ederal 5ni)ersit1 6a3ia& Nigeria. 2. (epartment o3 2ass 7ommunication& 8enue State 5ni)ersit1& 2a.urdi& Nigeria. #. (epartment o3 Social Studies& 4ederal 7ollege o3 /ducation& Pan.shin& Nigeria. Abstract 9his paper e:amines the changing patterns o3 inheritance and succession in traditional ,3rican societies. 9he paper shows that patrilineal and matrilineal principles were )ital issues in the discussion o3 inheritance and succession in ,3rica prior to colonialism. It 3urther argued that colonial laws and doctrines o03uscate inheritance and succession rights in ,3rica 0ecause o3 its o3ten contradictor1 pro)isions and this ha)e implication 3or po)ert1& gender ine;ualit1 and intra-3amilial con3licts. 9he paper also shows how this colonial contradiction is 3urther compounded 01 rapid ur0anisation and population growth. 7onclusi)e& the paper shows how these patterns o3 changes are li.el1 to lead to an erosion o3 the inherita0le 0ase o3 land assets in ,3rica and also put speci3ic groups particularl1 in )ulnera0le positions. Keywords< Inheritance& succession& change& tradition& societ1. 1. Introduction 9his paper e:amines the changing patterns o3 inheritance and succession in traditional ,3rican societies. 9he paper 0egins with the position that in ,3rican societies& who passes what and to whom communicates message a0out relati)e worth not =ust o3 propert1& 0ut o3 people and o3 the 0onds 0etween them (Shipton& 2''7 . 9he premium placed on inheritance and succession in traditional ,3rican societies was long pointed out 01 2arcel 2auss in his classic wor. >The Gift?& in which he showed the lin.ages 0etween the gi)ing o3 things 3rom one person to another and how such communicates an act o3 0oth personal and socio-political nature. 9hough& the material contents o3 the gi3ts howe)er ha)e o3ten 0een su0sumed in most theoretical discussions in 3a)our o3 interpreting the meaning o3 the action o3 gi)ing. 9hus& discussions on succession and inheritance practices among ,3rican societies ha)e until somewhat recentl1 3allen within this anal1tical ru0ric. ,nthropologists and sociologists o3 the earl1 twentieth centur1 who had attempted an account o3 the social organi-ation and .inship s1stems in ,3rica also drew some attention to the traditional ,3rican inheritance and succession s1stems (3or e:ample& studies 01 Radcli33e-8rown and 4orde in 19@#+ 4ortes in 19A9+ /)ansPritchard in 19A' and Birchho33 in 19#2 . /thnographic studies 3ollowing this tradition ha)e shown how propert1 ownership and trans3ers ha)e 0een signi3icantl1 correlated with s1stems and structures o3 .inship among di33erent ,3rican societies (Ha.annson& 19!9+ Shipton& 19!A+ 6lo1d 19""+ *ra1 and *ulli)er& 19"A . 9he 0ul. o3 these wor.s were primaril1 descripti)e o3 the norms meant to go)ern& and the emergent patterns& o3 how households+ properties were distri0uted among 3amil1 mem0ers at moments o3 marriages& death and 0irths. ,lthough not speci3icall1 3ocused on succession and inheritance s1stems& 0ut on the entire social organi-ation and .inship s1stems in detail contain much data a0out inheritance and succession rules& norms and practices. 9his paper there3ore 3ocuses on the traditional inheritance and succession s1stems in ,3rican societies+ the changing patterns o3 inheritance and succession and some o3 the 3actors accounting 3or these changes. 2. Traditional Inheritance and Succession Systems in African Societies Patrilineal and matrilineal principles are )ital issues in the discussion o3 inheritance and succession particularl1 as it a33ect traditional ,3rican societies. 9his is so as inheritance and succession in ,3rican societies ha)e corresponded with patrilineal and matrilineal descent ideologies. 4or e:ample in patrilineal societies& children are primaril1 considered mem0ers o3 their 3atherCs .in group and inherit the 3atherCs propert1 at his death& whereas in matrilineal cultures .in mem0ership is traced through the uterine line& so that children 0elong to their motherCs .inship (matri.in and not to their 3atherCs& thus& a manCs heirs are his sisterCs and not his. 2arriage and residence rules also 3igure prominentl1 in determining .inship claims& including succession and inheritance rights. 2atrilineal societies 3or e:ample are characteri-ed 01 u:orilocal residence in which a hus0and mo)es to the wi3eCs )illage. 7hildren in matrilineal societies remain in their motherCs )illage e)en when their mother dies& 0ecause the1 0elong to the motherCs matrilineal .in. Dhereas& rules o3 residence in patrilineal societies are )irilocal - meaning that upon marriage a woman mo)es to li)e in her hus0andCs )illage. , legitimate marriage in man1 ,3rican patrilineal societies re;uires pa1ment o3 0ride wealth 3rom a hus0and and his 3amil1 to the wi3eCs 3amil1 (Shipton& 2''7+ Ha.annson& 199A & i3 0ridewealth has 0een paid& it was traditionall1 e:pected that i3 the hus0and dies his wi3e remain in her late hus0andCs )illage and in a num0er o3

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Research on Humanities and Social Sciences ISSN 2222-1719 (Paper ISSN 2222-2!"# ($nline %ol.#& No.1!& 2'1#

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such societies she is EinheritedC or EremarriedC to one o3 her hus0andCs 0rothers and she is e:pected to raise her children among the deceased manCs .in. In some societies& i3 the deceased widow does not want to 0e inherited& she is e:pected to return the 0ridewealth that was paid 3or her hand in marriage to the 3amil1 o3 her late hus0and F it upon this that she is gi)en a 3ree hand to lea)e the 3amil1 and to also remarr1. I3 no 0ride wealth was paid upon marriage& a widowed woman was o3ten e:pected to return 0ac. to her parents 0ut lea)e the children with the late hus0andCs .in. $3 course& man1 e:pectations to these general rules or patterns ha)e 0een recorded. 4or e:ample& while the northern Goru0a o3 Nigeria ha)e e:perienced agnatic descent groups& it was also recorded that a son might also inherit 3armland 3rom his motherCs descent group. Howe)er& in doing so& this son would 0e e:pected to ta.e up residence and mem0ership to his 3atherCs descent group. ,mong the southern Goru0a o3 Nigeria& howe)er& it was noted that men might 3arm di33erent plots o3 land ac;uired through di33erent descent groups. In this wa1& a man could e:ploit claims to mem0ership 0oth his 3atherCs and motherCs .in groups as an economic strateg1. 9he onl1 means to claiming simultaneous mem0ership o3 man1 descent groups is 3or the indi)iduals to 3ul3il mem0ership o0ligations to the )arious groups heHshe intends to la1 claims (e.g. time and mone1 . 9his .ind o3 s1stem is signi3icantl1 in3luenced 01 the a)aila0ilit1 or scarcit1 o3 resources mainl1 land. 4or e:ample& Shipton (19!A showed the importance associated with the scarcit1 and a)aila0ilit1 o3 land in the stud1 o3 en)ironments and land inheritance s1stems among the Su.uma-N1amwe-i o3 Northern and western 9an-ania with that o3 the 6uo o3 Destern Ben1a. In this stud1& Shipton (19!A 3ound that the Su.uma-N1amwe-i li)ed in an en)ironment a0undant in culti)ata0le land and rights to culti)ate this land were permissi)e allowing a person to mo)e to a new area to ta.e up culti)ation o3 land according to his own needs and his 3amil1Cs relati)e needs. 9his permissi)e land tenure s1stem was credited in ShiptonCs anal1sis 3or allowing 3or the primogeniture (single-male heir inheritance s1stem since other sonsH 0rothers could easil1 mo)e to ta.e up other lands 3or culti)ation. In contrast& the Ben1an 6uo e:perienced increasing scarcit1 o3 land and inheritance rights and this 0ecame strictl1 lin.ed to claims o3 ancestr1. 9he author su0se;uentl1 concluded that it was this competing claim 3or limited land among growing num0ers o3 the descent groups that resulted in increasing rates o3 disputed litigious action among mem0ers. $ther signi3icant o0ser)ation 3rom earl1 ethnographic and sociological studies on succession and inheritance s1stem in ,3rica is the lin. 0etween 3amil1 de)elopmental c1cle and intergenerational trans3er o3 propert1 which was commonl1 inter-)i)os. 9hese trans3ers were o3ten instigated at the time o3 marriages and mostl1 cattle were used 3or 0ride wealth. 9hrough this means parents strategicall1 .eep cattle 3rom a son so that he could not marr1 and start his own household (7heater& 19!#+ Ha.annson& 19!9 . In this wa1& the parent retained the la0our o3 their sons e)en into adulthood and hence the parentsC household 0ene3ited through 3urther capital accumulation. 4urther complicating decisions on 3ather-to-son trans3ers o3 cattle was o3ten the 3atherCs recognition that a married resident son has increased traditional claims on the use o3 the land 3or all 3orms o3 su0sistence. ,s 7heater showed in her stud1 among rural 3armers in Iim0a0we& 3athers ma1 not trans3er cattle to sons 3or their 0ridewealth until the 3atherCs own ph1sical capacit1 is percei)ed as diminishing and he is read1 to concede larger portions o3 the 3armland to others (e.g. his sons and their households . $3 recent howe)er& prominent changes seem e)ident with succession and inheritance s1stems in ,3rica& 0ut the de3ining 3eatures o3 .inship s1stems& including principles o3 descent and rules o3 marriage and residence& as well as the a)aila0ilit1 o3 resources and economic li)elihood strategies are .e1 insights still applica0le to contemporar1 issues o3 succession and inheritance rules and practices to which we now turn. 3. Changing Patterns of Inheritance and Succession Systems in African Societies 9he EtraditionalC or de =ure rules and norms o3 succession and inheritance s1stems in ,3rican societies ha)e certainl1 not alwa1s 0een realised in practice. Not onl1 ha)e the rules that are o33iciall1 meant to go)ern succession and inheritance practices changed o)ertime& 0ut in man1 ,3rican societies legal pluralism and political ascendanc1 has also in3luenced succession and inheritance outcomes that are speci3ic to indi)idual and group cases or circumstances. ,s such& it is important to recogni-e the d1namic nature o3 inheritance s1stems& as well as the conditionalit1 o3 inheritance determinations on 0roader political& economic and socio-cultural (including religious tendenc1. 9he signi3icance o3 political histor1& including the inter)entions o3 colonial administrations& is demonstrated in studies that 3ocus on the laws that are meant to go)ern succession and inheritance s1stems in ,3rican societies. 2an1 ,3rican countries toda1 are legall1 pluralist with di33erent laws appl1ing to di33erent populations or appealed to at di33erent stages o3 dispute resolution. State or common laws and customar1 laws& as well as in man1 cases religious (Sharia laws in Nigeria& 3or e:ample& or Hindu laws in Ben1a & are simultaneousl1 acti)e in man1 ,3rican societies and o3ten in contradictor1 wa1s-there01 lea)ing man1 opportunities 3or inno)ation in outcomes o3 inheritance and succession disputes.

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Research on Humanities and Social Sciences ISSN 2222-1719 (Paper ISSN 2222-2!"# ($nline %ol.#& No.1!& 2'1#

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Se)eral legal historians and anal1sts ha)e pro)ided accounts o3 how inheritance and succession laws ha)e de)eloped 3rom colonialism to the present and how resultant inheritance s1stems theoreticall1 and practicall1 operate in di33erent ,3rican societies (/mer1& 2''@+ 2utangadura 2''A+ Bameri-20ote& 2''2 . Bameri-20oteCs (2''2 historical anal1sis o3 inheritance laws in /ast ,3rica& 3or instance& outlines how di33erent laws were de)eloped 3or di33erent populations in the same countr1 as well as how di33erent laws meant to go)ern propert1 ownership& marriage& succession and inheritance o3ten con3licted there01 lea)ing much interpreti)e and negotiating space 3or determining inheritance and succession outcomes. 4or e:ample& in Ben1a& the 8ritish colonial go)ernment asserted in the Nati)e 7ourts Regulations o3 1!9! that an ,3rican who had con)erted to 7hristianit1 was deemed to ha)e technicall1 a0andoned ,3rican customar1 law and was there3ore not su0=ect to it and was instead su0=ect to /nglish laws o3 inheritance. Get in 19'A& the colonial go)ernment introduced the Nati)e 7hristian 2arriage $rdinance which stated that all ,3ricans were to 0e go)erned 01 ,3rican succession law. 9here3ore& the di33erent customar1 laws o3 di33erent ethnic communities were meant to go)ern inheritance among ,3rican Ben1ans. 2uslims in Ben1a& howe)er& including ,3ricans who con)erted to Islam& were recogni-ed as ha)ing succession laws 0ased on the Juran. Se)eral di33erent laws were introduced o)ertime in Ben1a to pro)ide separate laws to go)ern marriages and inheritance 3or Hindus in the countr1. 9his legall1 pluralistic and di33use model created con3usion in settling succession and inheritance cases since it o3ten was not clear which law should appl1 (Bameri-20ote& 2''2 . 9his lac. o3 clarit1 and inconsistenc1 continued into the present da1 Ben1a and this is the case with man1 other ,3rican societies. 4urthermore& pre-colonial customar1 practices were o3ten dominated 01 male elders and propert1 was trans3erred among male 3amil1 mem0ers. 9hese s1stems did seem to guarantee women land use rights 0ut not the rights to own land in introducing pri)ate propert1 rights& colonial administrations implemented a land titling s1stem that recogni-ed onl1 menCs title deeds. ,ll this wea.ened womenCs economic capacit1 as compare to their men counterparts and e)en when the1 are economicall1 producti)e& men control their resources (*ed-i& 2''9 . In man1 ,3rican societies& men assumed the maintenance and pro)ides 3or the wi)es and children economicall1. 9his ma1 e:plain wh1 man1 patriarchal societies saw the in)estment o3 inheritance rights on men than women and 3urther gi)e men greater access and control o)er land and relegated women to dependenc1. Hence when a man is not ph1sicall1 and economicall1 strong& he is descri0ed as 0eing a woman. 9hese socio-cultural practices couple with the contradiction introduced 01 colonial laws compounded the pro0lems 3aced 01 women in la1ing claims to their hus0andCs propert1. Hence& womenCs a0ilit1 to la1 claim to properties in ,3rican societies is limited or in most cases non-e:istent (RKnger& 2''" . ,ccordingl1& womenCs rights to own land recei)ed no legal recognition as a result o3 colonial contradictor1 laws in ,3rica and the 3act that women were seen as not economicall1 producti)e. 2oreo)er& with the commerciali-ation o3 land& womenCs securit1 o3 land tenure was 3urther put at ris. as indi)idual men could sell land without clan or 3amil1 appro)al. ,dditionall1& men as land title holders had sole rights to agricultural surplus& despite the 3act that in man1 cases this surplus would 0e due to womenCs la0our. 7onse;uent to this is the 0elie3 that women are also the propert1 o3 men. 4urthermore& the une;ual status o3 women in marriage 3urther puts them at a disad)antaged position 0ecause it limits their a0ilit1 and rights to inherit propert1& especiall1 upon separation& di)orce or hus0andCs death. 7ustomar1 and statutor1 propert1 ownership& marriage and inheritance laws co-e:ist in man1 ,3rican countries toda1& including Ben1a& 9an-ania& 5ganda& 8ur.ina 4aso& Nigeria& 6esotho& Iam0ia and South ,3rica. 2ost anal1sts agree that this coe:istence tends to o03uscate succession and inheritance rights 0ecause the1 o3ten contain contradictor1 pro)isions. 4or e:ample& in some countries& the pro)isions o3 customar1 laws indicate that a deceased manCs wi3e& children& and propert1 should 0e inherited 01 one o3 his 0rothers& while the pro)isions o3 statutor1 laws on the other hand indicate that a deceased manCs wi3e and children should inherit his propert1< >though the pro)isions o3 statutor1 law are supposed to pre)ail when the pro)isions o3 customar1 law and statutor1 law are contradictor1& the realit1 is that statutor1 law in most circumstances are poorl1 implemented and possi0l1 completel1 ignored (Rose& 2''"<! It is now 3irml1 esta0lished among scholars that customar1 law cannot 0e regarded as an unchanging timeless entit1 (9si.ata& 2''A . (ecades o3 re)isionist anal1sis o3 ,3rican histor1 ha)e made e)idence that customar1 laws were >the =oint creation o3 colonial o33icials and ,3rican leadersLa re3lection o3 the (then contemporar1 situation? (Peters& 2''7<# . In the present anal1sis o3 customar1 laws is o3ten rooted in social and political relationships. It has 0een o0ser)ed 01 )arious researchers that inheritance decisions are commonl1 0ased less on speci3ic customs (or statutor1 laws than on peopleCs perceptions o3 what is right (Rose& 2''"+ Stric.land& 2''A . Dhile it is ;uite widel1 ac.nowledged that local customar1 law ad=udication is o3ten male dominated in contemporar1 ,3rican societies& in some cases women ma1 pre3er to ta.e their inheritance claims to this local ad=udication o3 uncodi3ied& customar1 law 0ecause it is more 3le:i0le and ta.es e:tra-legal matters into consideration whereas

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codi3ied laws can 0e too restricti)e (Bameri-20ote& 2''2 . 4or e:ample a recent stud1 in 0oth patrilineal and matrilineal societies in 2alawi 3ound that a )ariet1 o3 land trans3er and inheritance practices occurred 0ut the1 did not adhere to the Eideal constructsC o3 matrilineal or patrilineal societal traditions (9a.ane& 2''7 . 7onse;uentl1& the stud1 showed that se)eral widows and or di)orced women who were household heads in patrilineal societies gained access to land through trans3ers 3rom womenCs 3ather& mother& maternal uncle& paternal uncle or 0rother. In 1et another stud1 in 8ur.ina 4aso& 7a)in (199! 3ound that there are o3ten disputes and con3licts 0etween di33erent laws pertaining inheritance claims and new procedures that com0ine tradition and modern ideas are de)eloped. 8e1ond the in3luence o3 legal s1stems in determining inheritance and succession de =ure and de 3acto rules and norms ha)e also changed in response to conditions o3 ur0anisation& new economic and educational opportunities& religious trans3ormations& pri)atisation o3 land tenure& population pressure and the increasing pre)alence o3 the nuclear 3amil1 (4a3champs and Juisum0ing& 2''!+ 6a4errara& 2''7+ Platteau and 8aland& 2''' . 9hese are theorised as re3lecting changes in the social& political and economic roles o3 di33erent categories o3 people in their societies. 4or e:ample& 2orit- (2'12 theorises that the process o3 Islamic renewal e:perienced among 4ul0e populations in Northern 7ameroon has pla1ed a critical role in the indi)iduali-ation o3 li)estoc. ownership with implications 3or inheritance and other trans3ers o3 propert1 (e.g. dowr1 . 4urthermore& Islamic legal traditions& including inheritance laws& more clearl1 de3ine indi)idual rights rather than 4ul0e traditions which prioritised the continuit1 and integrit1 o3 the 3amil1 herds. Some o3 this change is attri0uted to the increased costs o3 li)estoc. production which has resulted in increasing indi)iduali-ation and concentration o3 li)estoc. ownership with 3ewer trans3ers o3 propert1 rights. 9his anal1sis re3lects the man1 di33erent social& cultural& religious and economic 3actors that contri0ute to the changes in succession and inheritance in ,3rican societies. *ender ine;ualities in rights to assets in di33erent ,3rican societies& and the lin.s 0etween womenCs lac. o3 e;ual propert1 rights and womenCs (and in some cases& womenCs childrenCs po)ert1 is another important issue to consider. 9his is so e)en though inheritance and succession practices are not directl1 addressed in much o3 this gendered anal1sis o3 propert1 and po)ert1& there are clear lin.ages 0etween propert1 rights and ;uestions o3 inclusions in& and e:clusion 3rom& propert1 distri0ution through inheritance and succession s1stems. 2oreo)er& these anal1ses o3 the po)ert1 conse;uences o3 lac. o3 assets gi)e more support to the case 3or 3ocusing po)ert1 alle)iation research and inter)entions on inheritance rules and practices. Some contri0utions also highlight the causal lin.s 0etween discriminator1 propert1 and inheritance rights and po)ert1 tra=ectories among ,3rican women and their children. Dhile this paper does not intend to present a s1nopsis o3 gender ine;ualit1 0ut to show how this changes in inheritance and succession in ,3rica ha)e relegated women to the position o3 dependenc1. . !actors Associated with the Changing Pattern of Inheritance and Succession Practices in Africa (i33erent 3actors account 3or the changing patterns o3 inheritance and succession in ,3rica 0ut prominent amongst them as e)ident in anthropological and sociological literature are colonialism& indi)idualism& ur0anisation and increased interest in non-agricultural economic opportunities. 9he ma=orit1 o3 this anthropological and sociological literature 0asicall1 pointed to the changes in land and li)estoc. inheritance& though their anal1ses were )ital to changes in succession and inheritance in general. 4or e:ample& 6a4erraraCs (2''7 stud1 o3 the ,.ans in *hana 3ound that propert1 trans3er was on inter-)i)os 0asis. 5sing *hanaCs li)ing standard sur)e1 o3 19!7-19!9& 6a4erraraCs (2''7 showed how in matrilineal descent s1stems a manCs heir is not his own child 0ut rather his sisterCs son. ,s such& it is e:pected that land remain in the matri.in as a result o3 men 0e;ueathing to their sisterCs sons. Howe)er& while the de3ault allocation is 3or the entire land endowment to 0e 0e;ueathed to a manCs nephew at the time o3 the manCs death& a 3ather can ma.e donations to his own children during his li3etime and can also esta0lish with a written will that part o3 his propert1 should 0e inherited 01 his own children (0oth pro)isions are su0=ect to appro)al on 0ehal3 o3 the matri.in . 6a4errara 3urther indicated that the right to trans3er land to oneCs own children ma10e an adaptation to encourage the in)estment o3 the la0our o3 a manCs wi3e and children in his land holdings. 9his model predicts that children will send trans3ers to their parents to induce the latter to donate the ma:imum sociall1 accepta0le amount o3 land to them. 4or this reason& the ,.ans are more li.el1 to recei)e trans3ers 3rom their children compared to patrilineal ethnic groups in *hana and this is rein3orced 01 the e:tent to which customar1 matrilineal norms are o0ser)ed (i.e. a nephew resides in the manCs household . ,s such& the 3indings indicate that ,.an children ta.e strategic action in ma.ing monetar1 trans3er to their parents in response to the threat o3 disinheritance as go)erned 01 rules go)erning a .inship s1stem o3 matrilineal descent. $n the 0asis o3 this& it can 0e concluded that the matrilineal 3orm o3 social organi-ation among the ,.ans ha)e important conse;uences 3or the claims that 3amil1 mem0ers can ma.e on each otherCs time and propert1& and hence a33ects indi)idual choices regarding who to send trans3ers to in a strategic manner.

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Research on Humanities and Social Sciences ISSN 2222-1719 (Paper ISSN 2222-2!"# ($nline %ol.#& No.1!& 2'1#

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2orit- (2'12 on the other hand descri0ed traditional and current practices in li)estoc. ownership and inheritance within and 0etween households o3 the 4ul0e pastoralists in Northern 7ameroon. 8ased on an ethnographic account o3 three 4ul0e )illages& in Northern 7ameroon& 2orit- 3ound that indi)idual li)estoc. ownership and rights were undergoing changes 3rom the traditional norm o3 householdsC li)estoc. rights. 2oritnoted that in the past& 3amil1 herds o3 the 4ul0e re3lected social relationships 0etween 3amil1 mem0ers 0ut toda1 it is a di33erent 0all-game as a result o3 increasing indi)iduali-ation o3 li)estoc. ownership and 3ewer trans3ers o3 propert1 rights& resulting in the concentration o3 li)estoc. ownership and control with the household head. 2orit- attri0uted this concentration o3 li)estoc. propert1 ownership with the household head to two main causes< the rising costs in the peri-ur0an area o3 li)estoc. production cost and the e33ect o3 Islamic renewal. 7onse;uentl1& in 2orit- (2'12 anal1sis& the important role o3 the Islamic renewal in the indi)iduali-ation o3 li)estoc. ownership and its implication 3or inheritance seem crucial. 4or instance& Islamic inheritance codes prescri0e that propert1 must 0e directl1 di)ided among the direct sur)i)ors& children& spouse(s & and parents& and that sons inherit twice as much as daughters& while spouses inherit one 3ourth or one eight (depending on the num0er and t1pe o3 heirs . Peri-ur0an 4ul0e pastoralists in Northern 7ameroon according to 2orit- (2'12 3ollowed Islamic codes strictl1 e)en when this meant 0rea.ing up the 3amil1 herd into non-)ia0le parts. ,nal1sis o3 how these inter )i)os trans3ers occur or donCt occur toda1 pro)ides insights into the status o3 indi)idualCs propert1 rights and wealth. 4or e:ample& in the past& the household head o3 the 4ul0e in Northern 7ameroon retained the right o3 disposal o)er all the animals in the 3amil1& including the Su..ilaa1e (gi3t o3 hei3er to children o3 his children. $3 recent howe)er& children protest the sale o3 their Su..ilaa1e and its o33spring. In response& man1 peri-ur0an household heads no longer gi)e their children Su..ilaa1e. Similarl1& sadaa.i& the indirect dowr1 3rom the groomCs 3amil1 to the 0ride& which was traditionall1 gi)en in 3orm o3 granting ownership o3 cattle 3rom the 3amil1 herd to the 0ride (which a woman could ta.e with her when her hus0and died is also less practiced among peri-ur0an 4ul0e. ,s a result& 3athers-in-law pre3er to gi)e cash instead o3 cattle to the 0ride which means that the household head remain in 3ull control o)er all the animals in the 3amil1 herd. 9his practice ha)e persisted e)en when women complained that the moneti-ation o3 the sadaa.i means that the1 ha)e less (re producti)e capital and are thus more dependent on their hus0ands. 2oreo)er& women 3ind this cash disappearing more readil1 than cattle. In a related )ein& Platteau and 8aland (2''' in their re)iew o3 the changes in inheritance and succession in su0Saharan ,3rica indicated that in most part& economists ha)e neglected nonmar.et mechanisms o3 land allocation and ha)e tended to conclude that the ma=or mode o3 land ac;uisition in most ,3rican countries is inheritance. 9his assumption has implication 3or the distri0ution o3 wealth and po)ert1. Similarl1& Platteau and 8aland (2''' 3urther argued that present da1 su0-Saharan ,3rica ha)e e:perienced trends o3 indi)iduali-ation o3 land tenure& multiplication o3 non-agricultural acti)ities& and increasing land scarcit1. 9hese authors posited that these processes were e:perienced 01 preindustrial and proto-industrial Destern /uropean countries& 0ut with Estri.ing di33erences 0etween the patterns o3 e)olution in these two regions& 0ecause ,3ricans seem to ha)e a more s1stematic and deeper attachment to the e;ual sharing rule and strong intra-3amil1 solidarit1 ties continue to pre)ail in the lineage-0ased societies o3 ,3ricaC (Platteau and 8aland& 2''' . 4urthermore& Platteau and 8aland (2''' & showed how the land tenure s1stem in su0-Saharan ,3rica has undergone pro3ound trans3ormations during the last centur1 and particularl1 during the last decades. 4or e:ample& the authors showed how the com0ined pressures o3 population growth and increased mar.et integration& and landholders ha)e increasingl1 asserted indi)iduali-ed use rights to gi)en plots including the right to resume culti)ation o3 a speci3ic plot a3ter a period o3 3allow+ the right to assign the plot to a heir or to a tenant+ the right to pre)ent holders o3 group or secondar1 claims (e.g. the right o3 pastoral herders to gra-e their animals on crop stu00le 3rom e:ercising their traditional prerogati)es+ and the right to dispose more 3reel1 o3 the land. 9hese simultaneous processes o3 increasing land pressure and more intensi)e agricultural practices ha)e reduced communit1 controls o)er land use and allocation and corporate ownership o3 the lineage land has graduall1 gi)en wa1 to more indi)iduali-ed 3orms o3 land tenure. Ne)ertheless& the 3undamental principle guiding the distri0ution o3 3amil1 land in ,3rica is that all male children are entitled to recei)e more or less e;ual shares when the propert1 is de3initel1 partitioned (daughters are e:pected to o0tain use rights o)er their hus0andCs lands . Dhile in some ,3rican countries the eldest son is customaril1 entitled to an additional share on account o3 his special duties& and in the past 1oungest son ma1 ha)e also 0een granted additional shares due to customs that re;uire his careta.ing o3 elderl1 parents& the authors note how e;ualit1 among 0rothersC shares is on the rise. ". Conclusion 7onclusi)el1& with the rapid population growth& contradictor1 colonial laws which ha)e remain unchallenged ha)e acti)ated the land mar.et& and hence the more li.elihood 3or increased une;ual land distri0ution and 3or the emergence o3 a landless class in the countr1side. 9his position was also held 01 Platteau and 8aland (2''' .

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Research on Humanities and Social Sciences ISSN 2222-1719 (Paper ISSN 2222-2!"# ($nline %ol.#& No.1!& 2'1#

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7onse;uentl1& these patterns o3 change are also li.el1 to lead to an erosion o3 the inherita0le 0ase o3 land assets and 3urther gi)e rise to serious intra-3amil1 con3licts. 9his applies not onl1 to land 0ut also to other producti)e assets (e.g. cattle . Speci3ic groups are increasingl1 )ulnera0le under such conditions& including women& and most nota0l1 widows& separated or di)orced women& and wi)es in pol1gamous marriages& as well as return migrants& handicapped children& orphaned children& illegitimate children& children o3 0ro.en marriages and children whose 3athers remarr1. $n the 0asis o3 the 3oregoing& we conclude that these processes o3 change in the succession and inheritance practices in ,3rica ha)e implications 3or ine;ualit1 and discrimination& o3ten practiced in more concealed or indirect manner& which put speci3ic categories at particular ris.s o3 po)ert1 and 3amilial con3licts. #eferences 7a)in& ,.7 (199! . Droit de la famile Burkinabe: le code et ses pratiques a Ouagadougou. Paris< 6CHarmattan. 7heater& ,. (19!# . >7attle and classM Rights to gra-ing land& 3amil1 organisation and class 3ormation in 2senge-i? Africa Journal of the International African Institute& @# (A & @9-7A. /mer1& %. (2''@ . Women s inheritance rights in !igeria: Transformati"e practices. 9oronto< 5ni)ersit1 o3 9oronto. /)ans-Pritchard& 19A'+ 4a3champs& 2. and Juisum0ing& ,.R. (2''! . >Household 3ormation and marriage mar.ets in rural areas?. In 9.P. Schult- N O.,. Strauss (ed. & #andbook of De"elopment $conomics& /lse)ier& 1(A & @. *ed-i& %. (2''9 . Domen and propert1 inheritance a3ter intestate succession& 6aw 111 in *hana. , paper presented at I,44/ 7on3erence& 8oston 2@-2! Oune 2''9. *ra1& R and *ulli)er& P. (eds. (19"A . The famil% estate in Africa: &tudies in the role of propert% in famil% structure and lineage continuit%. New Gor.< 8oston 5ni)ersit1 Press. Ha.annson& 9. (19!9 . >4amil1 structure& 0ridewealth and en)ironment in /astern ,3rica< , comparati)e stud1 o3 house-propert1 s1stems?& $thnolog%& 2! (2 & 117-1#A. Ha.annson& N. (199A . >9he detacha0ilit1 o3 women< *ender and .inship in processes o3 socioeconomic change among the *usii o3 Ben1a?& American $thnologist& 21 (# & @1"-@#!. Bameri-20ote& P. (2''2 . Gender dimensions of la'( colonialism and inheritance in $ast Africa. International /n)ironmental 6aw Research 7entre. 6a4errara& /. (2''7 . >(escent rules and strategic trans3ers< /)idence 3rom matrilineal groups in *hana?& Journal of De"elopment $conomics& !#& 2!'-#'1. 6lo1d& P. (19"" . >,gnatic and cognatic descent among the Goru0a?& )an& A!A-@''. 2orit-& 2. (2'12 . >Indi)iduali-ation o3 li)estoc. ownership in 4ul0e 3amil1 herds< 9he e33ects o3 pastoral intensi3ication and Islamic renewal?. In ,.2. Bha-ano) and *. Schlee (eds. & Who O'ns the &tock*: +ollecti"e and )ultiple ,ropert% -ights in Animals. New Gor.< 8erghahn 8oo.s. 2utangadura& *. (2''A . >Domen and land tenure rights in South ,3rica?& 0eing a secure li)elihood con3erence& held in 6ondon& 5B& 3rom No)em0er !-9& 2''A. Peters. P. (2''7 . +hallenges in land tenure and land reform in Africa: An anthropological perspecti"e. 7I( Dor.ing Paper No. 1A1. 7am0ridge& 2,< Har)ard 5ni)ersit1. Platteau& O.P. and 8aland& O.2. (2''' . >Imparti0le inheritance )ersus e;ual di)ision< , comparati)e perspecti)e?& centered de recherche en economie du de)eloppement (7R/( & 4acult1 o3 /conomics& 5ni)ersit1 o3 Namur. Rose& 6. (2''" . +hildren s propert% and inheritance rights and their li"elihood: The conte.t of #I/0AID& in &outhern and $ast Africa1 New Gor.< 5N. RKnger& 2. (2''" . >*o)ernance& land rights and access to land in *hana -, (e)elopment Perspecti)e on *ender /;uit1?. Shipton& P. (19!A . >6ineage and localit1 as antithetical principles in /ast ,3rican s1stems o3 land tenure?& $thnolog%& @& 117-1#2. Shipton& P. (2''7 . The nature of entrustment: Intimac%( e.change and the sacred in Africa1 New Ha)en and 6ondon< Gale 5ni)ersit1 Press. Stric.land& R. (2''A . To ha"e and to hold: 'omen s propert% and inheritance rights in the conte.t of #I/0AID& in sub2&aharan Africa1 Dashington& (7< International 7entre 3or Research on Domen. 9a.ane& 9. (2''7 . +ustomar% land tenure( inheritance rules and smallholder farmers in )ala'i. 7hi0a< Institute o3 (e)eloping /conomies. 9si.ata& (. (2''A . >Securing womenCs land rights< approaches& prospects and challenges. 8eing a paper present at a con3erence title E6and in ,3rica< 2ar.et assets or secure li)elihoodC& held in 6ondon& 3rom No)em0er !-9& 2''A.

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