In Kyempene, Ntungamo district, a grave remains devoid of the power to guide. Perez Mawa Kabasharira died in 2002 leaving behind; two wives, their children and a Will to supreme over the living.
The Will has thus fallen short on its promise. Conflict has brewed over ownership of the estate, supposed to benefit those left behind.
After Mawa’s burial in 2002, the will had played its goodwill until 2004 when the young wife’s children attempted to migrate and sell a portion of the land.
‘Divide accordingly’ the statement in the Will read, but members of the late Kabasharira’s family did not pick same meaning.
How should a will impose its will without disagreement?
Stating I have this and that and want so and so to receive this in itself does not make it a valid will, a person must state that it’s his last will and testament
The leader of the Mbogo clan in Buganda Kingdom Kayiira Gajuule says, “Immediately you begin having responsibilities, make a will”
Yet all those should be sacred
According to Garisonga “You should find a person who is forthright, respectable and responsible, one who is in position to guard and keep your secret.”
Kayiira Gajuule says, “They should be within a distance, trustworthy, keeps secrets and doesn’t go around talking about everything”
No wonder, an attempt into afterlife is viewed with mythical observation especially with culture.
Garisonga on why some people are hesitatnt to make wills “To the majority of people thinking about death is a very traumatizing experience”
Kayiira Gajuule however advises “Let’s not fear death because in the end everyone will die and the safest way to prepare for that death is The Will.”
According to contemporary law, anyone above 21 is at liberty to make a will, which comes down to 18 for soldiers in active combat.
When making the will, one must be of sound mind or mental stability. They must have intent to make the will. The process must not have been forceful but voluntary. The will should contain proper disposal detailing all property and the recipients and signed, dated by two others not beneficiary parties among other requirements.
Garisonga “You can engage a professional who could be a lawyer, judge, a nota republic, accountantand people who have respect because sometimes believability depends on respect and position in society.”
The leader of the Mbogo clan is however weary that lawyers sometimes change wills too in favor of particular survivors
The Will as a guide to proper inheritance is not exclusive.
Garisonga on options
“The law also allows that if I intend that my child x takes benefit of my house in Kololo I can create a certain tenancy whereby if I die that person just takes ownership”
Under the Muslim faith, the Sharia Law superintends over any other principle.
Dean faculty of Islamic Studies and Arabic language, IUIU
“The prophet commanded us that let not anyone who has become of age go to sleep one night unless their will is with them. But what kind of will is this?
It should be one simply stating that when I die I want my property to be distributed according to sharia because this is the faith you profess”
Director Sharia – DR Abdul Hafiz Walusimbi “Actually if an Imam or sharia authority goes into a family and they find a will that is different from what sharia says maybe favoring one woman or child over another, that will is subject to amendment after proper explanation to the family that it is wrong.
This is because if the family goes ahead and shares property not in accordance with the sharia, then he will be punished in the afterlife”
Distribution here strictly upraises immediate family inclusive of one’s parents, wives and children.
According to Sharia a Mother obtains 1/6, Father: 1/6, Wives 1/8, while children bequeath the remaining boys guaranteed twice the girls’ share.
Yet, in the absence of any of beneficiaries, the yield alternates
Director Sharia “The boy gets two of the girls’ shares, though girls many times are not happy with this yet this is God’s judgment which has no appeal”
Sheikh Yahya Ibrahimu Kakungulu to the contrary applauds Sharia position as favorable to females
Girls should instead be obedient by accepting the little and pray that God blesses them, they can even become richer than the boys.”
Lawyer Julius Galisonga establishes therein, the Sharia law falls out with the constitutional call
“The sharia law has a way of distributing property without intending to offend the Muslims which may not necessarily be compliant with the principle that people should be treated equally under the constitution
Byte… Faith freedoms
In defense, the believers say the succession act the steward of inheritance matters leaves a lot begging. For instance, a clear detail on; Heir, Wife, and Children, and dependents, yet excludes or rather silent on the place of a man many wonder!
Sharia Professor “It is also not gender sensitive, that section is only talking about the share of the wives or wives, it does not talk about the share of the husband as if it is we husbands who always die and wives who survive”
Much to the inherent risks is that heated family disputes often overwhelm all practices and legal provisions.
Galisonga “a person can mislead one child against another, and before you know it property that was left to generate income and benefit them lays to waste because no one can use it, occupy it, rent it out or sell for example to finance education or health”
Until Courts of law become alternatives to give redress to blood misunderstandings and wrangles.
Right here, the Muslim fraternity finds another area of contention.
Because our Sharia courts have no enforcement, you find that many people end up in conventional or secular courts where it shall be determined who the owner is and others shall be locked out and if a person contests that then the long arm of the law will handle them”
On the cultural domain, take Buganda as a model. Inheritance presents two fronts; first blood inheritance which limits who can become cultural heir and who can’t. It is ideal father or mother of twins can only be inheritor to another parent of twins.
In addition, limitations surrounding who can be heiress and to whom she can be inheritor
Leader of the Mbogo clan Fredrick Kasibante “The girl child should never be blood heir to her even if he has no son, but she can inherit all the property that he leaves behind”
The presence of such practice still does not settle conflict.
“There are still many wrangles driven by the fact that some children are segregating some of their siblings saying they aren’t their father’s children. But this should never be for the children to decide because they don’t move with their fathers”
The kingdom is bothered the disposal of property is loosening cultural bond
I believe these struggles over property inheritance only weaken the kingdom because they weaken the family fabric which is the one on which the kingdom is driven
Is it the correctness of the will or the power of its implementers? The mother of succession and inheritance indecisions IS STILL Pregnant with more conflict?