Department of Islamic Law

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Browsing Department of Islamic Law by Author "Ishola, Abdullahi Saliu"

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    A Judicial Misconcpetion of Mosque Dispute in a Common Law Jurisdiction: The Supreme Court's Declaration of High Court's Jurisdiction in Imamship Dispute in Nigeria
    (Miyyeti Research and Publications, 2017-03) Syed Abdulkader, Sharifah Zubaida; Ishola, Abdullahi Saliu
    The Supreme Court of Nigeria declares jurisdiction for the State High Court in Imamaship Disputes on the ground that such disputes does not fall within the purview of Islamic Personal Law matters as spelt out in the 1999 Constitution of the Federal Republic of Nigeria. Whereas waqf is listed as an Islamic law personal law matter and Mosque is by law considered a waqf. This implies that Imamahsip dispute is a waqf management dispute. Therefore, the State High Court ought not to have jurisdiction. This paper examines the decision of the Supreme Court in the case of Abdulasalam v. Salawu whereas the erroneous decision as reached.
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    A New Guide to the Principles and Practice of Mīrāth in Nigeria
    (Centre for Islamic Heritage, Al-Hikmah University, Ilorin - Nigeria, 2022-04) Arikewuyo, Nafiu Ahmad; Ishola, Abdullahi Saliu; Waliyullahi a. Adeyemi
    This book contains five chapters covering various subjects on on Shariah Practice, Principles of Islamic Inheritance, Practical aspects of Islamic Inheritance and case studies. The chapters are written by experienced scholars who are practitioners and specialists in the field.
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    Conventional Bank Interest and the Murabahah (cost-plus-profit) Contract in Islamic Finance: Two Sides of a Coin or two Coins of Different Sides?
    (Journal of Islamic Banking and Finance, 2015-04) Ishola, Abdullahi Saliu; Solahudeen, Isa Olawale
    The emergence of the Islamic banking system led to the introduction of some financial transactions which were not hitherto considered in the classical books on Islamic financial system. Murabahah is one of such innovations. Like most of those newly introduced products of the Islamic Financial System or Arrangement (IFS or IFA), otherwise referred to as Products of Islamic Banking (PIB) or Products of Islamic Finance (PIF), arguments have been canvassed for and against the legality of Murabahah under Islamic Financial Principles (IFP). Of all the criticism against its operation, the most pronounced deprecation against it posits that, Murabahah is too close to interest transaction in the conventional banks, and cannot therefore be legally allowed in IFS. This paper examines the criticism and posits whether the criticism is tenable or not on the scale of the Islamic Law and given the financial market challenges facing the contemporary Muslim world.
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    Insurable Interest in Takaful: A Theoretical Contrivance for Islamic Insurers
    (International Journal of Economics and Financial Issues, 2016) Abdul Azeez, Yusuf; Ishola, Abdullahi Saliu
    The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also one of the important Islamic financial instruments and a strong tool for managing individual risks and business overturns. In terms of operational models, it shares some business setups with Islamic banking, and in a way, it is regarded as “a modern technical approach to Islamic banking operation,” for it evolved, like Islamic banking, from the determination of Muslims to revive the Islamic way of life, particularly in the reorganization of finance and economy; an exertion often described as a very difficult jihad: Building a financial system where interest does not exist. Accordingly, this research attempts to propound some theories for assessment of insurable interest in Islamic insurance (Takaful). The theories, as analyzed are intended to serve as working tools for the present and future Islamic insurers, without limitation to differences in place and space. In doing this, the work is divided into five parts. The first part introduces the study while terminology clarification is undertaking in the second part. The third part examines the legal basis for the insurable interest in Takaful, while the conceptual precepts for the development and application of the theories are taken up in the fourth part with certain relevant study inferences forming the concluding part.
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    Intellectual Property Rights for Innovations on the Internet: The Islamic Law Requisites
    (Brill, 2018) Ishola, Abdullahi Saliu; Solahudeen, Olawale Isa; Akangbe, Ibrahim
    Intellectual property (IP) protection has attracted diverse views among Islamic law researchers, leading to its eventual acceptance on the premise of indirect legal authority by most Muslim scholars. This paper explores the preconditions that any innovation on the internet must meet to enjoy IP protection under Islamic law. It provides working tools for Muslims on the principles to be observed in seeking IP protection for any of their innovations. It also urges governments of Muslim countries which have hitherto refused to accord legal protection to IP on religious grounds to change their position.
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    Muslim Estate and Probate Practice in Kwara State: A Review of Adua-Tayo Hassan v. Probate Registrar's Case
    (Al-Hikmah University Journal of Public and Internatonal Law, 2017-07) Ishola, Abdullahi Saliu; Solahudeen, Isa Olawale
    This paper undertakes a reportage review of the recent development in the issuance of letters of administration and involvement of the Probate Registry of the High Court of Kwara State of Nigeria in the Estates of deceased Muslims. Prior to the development, the Registry had engaged in the issuance of letters of administration on Muslim Estates. Besides, for such letters of administration to be issued, either on Muslim Estates or others, the Applicant would be charged 10% of the worth-net of the property in question. These two acts of the Registry were challenged in a recent case leading to the declarations of both acts as illegal. The new legal regime in the probate practice in the State ushered in by the judicial declarations made on the issue forms the fulcrum of examination in this study.
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    Practice of Mīrāth in Nigeria
    (Centre for Islamic Heritage, Al-Hikmah University, Ilorin - Nigeria, 2022-04) Ishola, Abdullahi Saliu
    This chapter explains the legal terrain under which Mīrāth (Islamic Inheritance) operates in Nigeria. It explains what is required to practice Mīrāth in the country and expose the career opportunities in the practice of the profession in the nation. Legal constraints and limitations to the practice of the Mīrāth as a career are also examined while the roles of Mīrāth practitioners within the law in Nigeria are identified.
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    The Need for an Effective Legal and Regulatory Framework for Cash Waqf
    (Routledge, 2022) Ishola, Abdullahi Saliu; Oseni, A. Umar
    This chapter critically reveals the imperative need for an effective legal and regulatory framework to be put in place for Cash Waqf. The study attempts to show that an effective legal and regulatory framework for cash waqf can be employed to address the problem of variations in the understanding of the concept of cash waqf, which has led to increasingly blurred lines between original cash waqf and funds deployed for financing waqf properties , which have led to abuse of the term in financial engineering in the product development processes.
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    The Proscription of Incorporated Law Practices (ILPs) in Nigeria: The Legal and Constitutional Issues Arising
    (CHOTANAGPUR LAW COLLEGE, NAMKUM, RANCHI RANCHI UNIVERSITY, RANCHI, JHARKHAND, INDIA, 2012) Ishola, Abdullahi Saliu
    This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or more persons to form and incorporate a company; on the other hand. The illegality is also appraised from the purview that, the Rules is a mere subsidiary legislation which cannot override the Constitution as the supreme law of the land and CAMA as a substantive enabling Act. On another angle, following a consideration of the significant purpose of protective measure which the provision of the Rules sets out to achieve for law practice in the country, the paper concludes by suggesting the better way the Rules could enact the regulation without falling into the trap of illegality.
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    Viability of Cash Waqf Models Under the Nigerian Law: An Appraisal
    (Journal of Islamic Law Review, 2016-01) Ishola, Abdullahi Saliu; Syed Abdul Kader, Sharifah Zubaidah; Ansari, Abdul Hazeeb
    Cash awqaf (plural of waqf ) have been a well-recognised tool for social development of Muslims in various countries wherever they are being practiced. It is governed by set of Islamic principles pertaining to awqaf converted by some countries into legislation. In those countries, they have proven to be one of the tools for social welfare and alleviation and ultimate eradication of poverty, based on the will of the waqeefs. In order to serve the purpose of their creation, it is better if the waqf money is allowed to be invested in the interest of the beneficiaries and growth of the awqaf. There are a number of legal issues pertaining to administration of cash waqf, which are yet to be addressed. The existing literatures on cash waqf also do not have definite answers to them. In Nigeria, cash waqf is not well in practice. Because of this reason, there is lack of a legal framework on it. The paper reviewed the existing literatures on cash waqf, but they are not dealing with it in the context of Nigeria. The paper presents an appraisal of the papers reviewed.