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).
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.
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).
Wasiyyah ≤ 1/3 in writing before a notaire; explicit Islamic-regime declaration required. Two adult Muslim witnesses attest identity + capacity.
Notaire (Chambre des notaires) under the Ministry of Justice; declaration also filed with the état civil for spouse and children.
2 adult Muslim witnesses; must be non-beneficiaries and of established integrity (‘adala).
Civil default; Islamic regime by declaration. Without declaration, daughters take equal shares with sons under civil intestacy.
Tribunal de Grande Instance issues acte de notoriété; Direction des domaines and banks follow that deed.
Maliki dominant; the Association Islamique du Niger (AIN) and ulema councils provide local scholar guidance.
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.
Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.