Department of Islamic Law

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Browsing Department of Islamic Law by Author "Aishat Abdul-Quadri Zubair"

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    COMBATING CORPORATION-INDUCED ENVIRONMENTAL POLLUTION IN NIGERIA VIDE SHARI’AH MECHANISM
    (Alliance University, Bengaluru, India, 2022) Ahmed A. Muhammed-Mikaaeel; Aishat Abdul-Quadri Zubair
    The menace of environmental pollution is not limited to a particular clime. The scourge is being felt globally. Efforts to combat the menace is still ongoing at global, regional and national levels. Nigeria, as a sovereign nation, has suffered and is still suffering the menace of environmental pollution. The discovery of crude oil in commercial quantity gave birth to corporation-induced environmental pollution. National effort towards combating the corporation-induced pollution gave rise to series of legal frameworks while the country continues to experience environmental degradation. Against this backdrop, this paper looks for options beyond the conventional corporate law vide Shari’ah mechanism. This paper, which employs the Qualitative Research Design, adopts both the doctrinal and non-doctrinal legal research approaches. For the doctrinal approach, content analysis was adopted to analyze the primary sources like texts of Fiqh and legislations as well as the secondary sources such as textbooks, journals, articles, reports, among others. With the aid of comparative analysis, the paper compares approaches to corporation-induced environmental protection under the conventional law and Shari’ah. The paper further presents a visual representation of the various views using thematic analysis with the help of ATLAS.ti software. The paper contends that environmental pollution signifies corporate governance failure. It also argues that despite the availability of legal framework for environmental protection, the menace of corporation-induced pollution is persistent owing to certain challenges. It is contended that Nigeria has never considered Shari’ah perspective in protecting its environment. Hence, Shari’ah approach is recommended for combating corporation-induced environmental pollution in Nigeria.
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    ROLE OF ISLAMIC LAW IN THE EFFICIENT MANAGEMENT OF DEBT IN NIGERIA
    (2023-12-31) Ahmed Abiodun Muhammed-Mikaaeel; Aishat Abdul-Quadri Zubair
    Introduction to The Problem: Nigeria's Real Gross Domestic Product (GDP) stood at N20.33 trillion in the fourth quarter of 2021, growing at a rate of 3.98 percent (year-on-year) in real terms, marking the fifth consecutive quarter of positive growth since the recession of 2020. Despite this positive growth, the economy is said to be in serious crisis. It is therefore shocking to realize that the Nigerian government takes more debt to service the existing ones. This is not sustainable as the country will continue to deepen in debts that will worsen the economic crisis it already finds itself which is against the principle of Shari’ah wealth Management. Purpose: The purpose/objective of this study is to examine the role of Islamic law in the efficient management of debt in Nigeria. To this end, the study seeks to expose the effect of the economic crisis that leads to huge borrowing for Nigeria as a country which is now becoming scary. In the same vein, the study also aims at showcasing that there exists great solution to the Nigerian economic woe under Shari’ah jurisprudence. Methodology:The Methodology employed in this study is purely doctrinal method of legal research. Hence, the study places reliance principally on the available literature by which the study explores relevant materials such as text books, journals and internet facilities. Importantly, the study finds most useful the primary sources of Shari’ah which are the Qur’an and Sunnah as well as the secondary sources which include Qiyas and Ijma’. Findings: The study finds that the economic crisis which Nigeria has found itself as a result of the multiplier effect of excessive public borrowing cannot be divorced from the adoption of the conventional economic system. The result reveals further that Islamic law plays significant roles in the efficient management of debt as was confirmed in the Malaysian Shari’ah compliant public debt management practices. The study proposes, by way of recommendation, the practice of Islamic Wealth Management to cushion the effect of the deficit budgets and the onerous debts on Nigeria and increase investment activities with a view to impacting positively on the country’s GDP. The study is therefore most relevant to the policymakers in the Ministry of Finance, Debt Management Office, as well as the Lawmakers in the country.