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Inheritance & wills in Niger

Civil Code applies by default; Muslim citizens (98% of the population) may opt for Maliki faraid via written declaration registered with the notaire. The Constitutional Court has upheld the primacy of civil intestacy absent such declaration (Arrêt 2015).

Informational — not legal advice

Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Nigerand a scholar familiar with your madhhab.

How inheritance works

Civil Code applies by default; Muslim citizens (98% of the population) may opt for Maliki faraid via written declaration registered with the notaire. The Constitutional Court has upheld the primacy of civil intestacy absent such declaration (Arrêt 2015).

What makes a will valid

Wasiyyah ≤ 1/3 in writing before a notaire; explicit Islamic-regime declaration required. Two adult Muslim witnesses attest identity + capacity.

Registration & where to lodge

Notaire (Chambre des notaires) under the Ministry of Justice; declaration also filed with the état civil for spouse and children.

Witness rules

2 adult Muslim witnesses; must be non-beneficiaries and of established integrity (‘adala).

Zakat in Niger

Collecting authority
Association Islamique du Niger + mosque committees
Tax relief
Donations to public-utility assoc deductible under CGI
Maximum relief
5 % of taxable income
Notes
Voluntary; Maliki dominant.

Forced heirship & statutory overrides

Civil default; Islamic regime by declaration. Without declaration, daughters take equal shares with sons under civil intestacy.

Probate / execution after death

Tribunal de Grande Instance issues acte de notoriété; Direction des domaines and banks follow that deed.

Scholar notes

Maliki dominant; the Association Islamique du Niger (AIN) and ulema councils provide local scholar guidance.

Common pitfalls

  • Without explicit declaration, daughters may inherit equally with sons under civil intestacy.
  • Customary Hausa/Zarma practices may conflict with Maliki shares — resolve at notaire before signing.

Official authorities & registries

FAQ — Islamic will & inheritance in Niger

  • Is Islamic inheritance (faraid) legally recognised in Niger?

    Civil Code applies by default; Muslim citizens (98% of the population) may opt for Maliki faraid via written declaration registered with the notaire. The Constitutional Court has upheld the primacy of civil intestacy absent such declaration (Arrêt 2015).

  • What makes an Islamic will (Wasiyyah) legally valid in Niger?

    Wasiyyah ≤ 1/3 in writing before a notaire; explicit Islamic-regime declaration required. Two adult Muslim witnesses attest identity + capacity.

  • Where do I register my will in Niger?

    Notaire (Chambre des notaires) under the Ministry of Justice; declaration also filed with the état civil for spouse and children.

  • Does Niger have forced-heirship rules that override an Islamic will?

    Civil default; Islamic regime by declaration. Without declaration, daughters take equal shares with sons under civil intestacy.

  • How does probate work in Niger?

    Tribunal de Grande Instance issues acte de notoriété; Direction des domaines and banks follow that deed.

  • How many witnesses do I need for a will in Niger?

    2 adult Muslim witnesses; must be non-beneficiaries and of established integrity (‘adala).

  • What are the most common Islamic-will pitfalls in Niger?

    Without explicit declaration, daughters may inherit equally with sons under civil intestacy. Customary Hausa/Zarma practices may conflict with Maliki shares — resolve at notaire before signing.

Ready to draft?

Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.