Faculty of Law

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An Analysis of the Legal Regime of Pension Administration in Nigeria
(University of Uyo, 2022-07-30) Ahmed Abiodun Muhammed-Mikaaeel; Ahmeed Adedeji Onikosi
This paper analyses the legal regime for pension administration in Nigeria. Based on the various reports implicating various criticisms against the current legal regime on the pension scheme in the country, this paper provides content analysis with the aid of the doctrinal method. It examines the legal regime for pension in Nigeria from 2004 to 2014. The paper x-rays the inherent shortcomings in the 2004 pension scheme giving rise to the 2014 pension scheme. The laudable benefits of the 2014 pension scheme are orchestrated. However, the paper finds that there are inherent lapses, which include lack of direct prosecutorial power on the part of the relevant agencies, unjust and insensitive exclusion of the state and local government workers from the coverage of the current pension scheme and non-Shari’ah compliant approach of the pension scheme. It therefore recommends amendment of the current pension regime to get rid of the inherent shortcomings.
Capital Punishment in Nigerian Courts: The Position of Abolitionists vis-a-vis Islamic Jurisprudence
(Ekiti State University, Faculty of Law, Ekiti, Nigeria, 2020-01-30) Ahmed Abiodun Muhammed-Mikaaeel
Pronouncement of capital punishments have seen many light of the day to in the Nigerian Courts to the extent that a group of people (otherwise known as Abolitionists) have kicked against pronouncement of capital punishment with a view to abolish same. This made our courts to timeously intervene and confirmed the constitutionality of death sentence in our criminal law jurisprudence. The Islamic law jurisprudence is also firm on capital punishment in deserving cases. This study is essentially literature based with particular emphasis on the Constitution of the Federal Republic of Nigeria, 1999 As Amended as well as other relevant criminal law legislations. The study carefully examines the nature and types of capital offences under Common and Islamic Law. It goes further to x-ray the object of capital punishment and the attitude of courts to pronouncements in capital related offences vis-à-vis the Abolitionists campaign hinged on the Nigerian constitutional provision. The paper contends that under the Common Law, the attitudes of courts to pronouncement of capital punishment is positive such that once the offence has been successfully proved beyond reasonable doubt, death sentence is not negotiable. More so, under the Shariah, neither the Qadi nor the executioner can lessen or reduce the hadd punishment ordained by Allah (SWT). The study recommends practical independence of judiciary so that they can continue to stand firm against the Abolitionists in their mission to get rid of the much important capital punishment. Attitude, Abolitionists, Common Law, Capital Punishment, Death Sentence, Prouncement, Islamic Law, Shariah, Hadd and Qadi.
Capital Punishment in Nigerian Courts: The Position of Abolitionists vis-a-vis Islamic Jurisprudence
(Faculty of Law, Ekiti State University, Ekiti, Nigeria, 2020-01-31) Ahmed Abiodun Muhammed-Mikaaeel
Pronouncement of capital punishments have seen many light of the day to in the Nigerian Courts to the extent that a group of people (otherwise known as Abolitionists) have kicked against pronouncement of capital punishment with a view to abolish same. This made our courts to timeously intervene and confirmed the constitutionality of death sentence in our criminal law jurisprudence. The Islamic law jurisprudence is also firm on capital punishment in deserving cases. This study is essentially literature based with particular emphasis on the Constitution of the Federal Republic of Nigeria, 1999 As Amended as well as other relevant criminal law legislations. The study carefully examines the nature and types of capital offences under Common and Islamic Law. It goes further to x-ray the object of capital punishment and the attitude of courts to pronouncements in capital related offences vis-à-vis the Abolitionists campaign hinged on the Nigerian constitutional provision. The paper contends that under the Common Law, the attitudes of courts to pronouncement of capital punishment is positive such that once the offence has been successfully proved beyond reasonable doubt, death sentence is not negotiable. More so, under the Shariah, neither the Qadi nor the executioner can lessen or reduce the hadd punishment ordained by Allah (SWT). The study recommends practical independence of judiciary so that they can continue to stand firm against the Abolitionists in their mission to get rid of the much important capital punishment.
Combating Corporation-Induced Elenvironmental Pollution in Nigeria Vide Shari'ah Mechanism
(Alliance University, Bengaluru, India, 2022-11-25) Ahmed Abiodun Muhammed-Mikaaeel; Aishat Abdul-Qadir 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.
Combating Corporation-induced Elenvironmental Pollution in Nigeria Vide Shari'ah Mechanism
(Alliance University, Bengaluru, India, 2022-10-31) Ahmed Abiodun Muhammed-Mikaaeel; Aishat Abdul-Qadir 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.
Corporate Governance Legislations for Islamic Banks in Nigeria: Review of Compliance with Islamic Principles
(Nirma University, India, 2022-12-31) Abdulrazaaq O. Zakariya; Ahmed Abiodun Muhammed-Mikaaeel
Legislation is the bedrock of every endeavour for better outcome. It gives enabling environment for certain systems, practices and procedures. In any complex system, legislation plays pivotal role to solidify it. Hence, it is not debatable that corporate banking governance requires effective legislation to thrive. As with Islamic corporate banking governance in Nigeria, experts have made several complaints regarding the unsuitability of the existing legislations from the perspective of Shari’ah tenets. This thus prompted this article to examine the corporate governance legislations for Islamic Banks in Nigeria by way of review with Islamic principles. The article adopts doctrinal method of legal research by relying on the relevant legislations for corporate governance of Islamic banks in Nigeria as well as the primary sources of law under Shari’ah to fathom the Islamic principles as they relate to Islamic corporate banking governance. The article finds that the existing legislations for the corporate banking governance of Islamic banks are best suitable for the conventional banks. The legislations failed to incorporate Islamic principles for proper corporate banking governance of Islamic banks. The article thus places the burden of ensuring amendment of the Companies and Allied Matters Act (CAMA), 2020 on the Central Bank of Nigeria being the apex and regulatory bank in the country as against the usual style of issuing mere guidelines for that purpose.
Enhancing Islamic Banks' Participation through Agriculture under Nigerian Inclusive Financing Policy: Musaqah and Muzara'ah as Panacea
(Department of Islamic Law, Usmanu Dan Fodiyo University, Sokoto, Nigeria, 2022-06-30) Ahmed Abiodun Muhammed-Mikaaeel; Mistura Abayomi Mohammed-Yusuf
Calls for inclusive financing have been on the world agenda over the years. Nigeria also joins other comity of nations vides its Central Bank of Nigeria in adopting inclusive financing policy with financial institutions as the engines of implementation. The policy focuses on the rural area dwellers with a view to alleviating their poverty status. Islamic Banking, as a leg of Islamic finance, has gone a long way in participating in the implementation of the policy within the compliant framework of Shari’ah especially in the sphere of agriculture. It is however observed that Islamic Banks’ participation in the policy have been on short term basis, owing to its traditionally adopted banking products, which does not augur well for real agricultural financing. It is against this backdrop that this paper examine how Musaqah and Muzara’ah can be used to enhance Islamic Banks participation in the policy with particular focus on agriculture. The paper adopted doctrinal method of legal research. The paper finds that Islamic banks’ participations so far in the inclusive financing policy have been on short term basis with over reliance on their traditional banking products like Mudarabah, Musharakah, Ijarah, Istisna and the likes and that the banks rarely explored Musaqah and Muzara’ah which are uniquely designed for agriculture. The paper identified likely challenges that might be faced with the adoption of Musaqah and Muzara’ah with way forward. The paper concludes that with strict adherence to the guiding principles of Musaqah and Muzara’ah, the participation of Islamic banks in financing policy would be greatly enhanced.
Enhancing Islamic Banks' Participation through Agriculture under Nigerian Inclusive Financing Policy: Musaqah and Muzara'ah as Panacea
(Department of Islamic Law, Usmanu Dan Fodiyo University, Sokoto, Nigeria, 2022-06-25) Ahmed Abiodun Muhammed-Mikaaeel; Mistura Abayomi Mohammed-Yusuf
Calls for inclusive financing have been on the world agenda over the years. Nigeria also joins other comity of nations vides its Central Bank of Nigeria in adopting inclusive financing policy with financial institutions as the engines of implementation. The policy focuses on the rural area dwellers with a view to alleviating their poverty status. Islamic Banking, as a leg of Islamic finance, has gone a long way in participating in the implementation of the policy within the compliant framework of Shari’ah especially in the sphere of agriculture. It is however observed that Islamic Banks’ participation in the policy have been on short term basis, owing to its traditionally adopted banking products, which does not augur well for real agricultural financing. It is against this backdrop that this paper examine how Musaqah and Muzara’ah can be used to enhance Islamic Banks participation in the policy with particular focus on agriculture. The paper adopted doctrinal method of legal research. The paper finds that Islamic banks’ participations so far in the inclusive financing policy have been on short term basis with over reliance on their traditional banking products like Mudarabah, Musharakah, Ijarah, Istisna and the likes and that the banks rarely explored Musaqah and Muzara’ah which are uniquely designed for agriculture. The paper identified likely challenges that might be faced with the adoption of Musaqah and Muzara’ah with way forward. The paper concludes that with strict adherence to the guiding principles of Musaqah and Muzara’ah, the participation of Islamic banks in financing policy would be greatly enhanced.
Ijtihad: Scopes, Modes & Legislative Value in Islamic Jurisprudence
(Al-Hikmah University, Islamic Law Department, Ilorin, Nigeria, 2021-11-25) Ahmed Abiodun Muhammed-Mikaaeel; Kamaldeen Olataitan Salman
Ijtihad, as a legislative tool, plays pivotal role in the enhancement of dynamism of Shari’ah to issues not definitely captured by the primary sources. The practice of Ijtihad is dated back to the Prophet (PBUH) era. Ever since then, it has been become useful tool in the expansive interpretation of the primary sources of Shari’ah to solve certain legal problems. Thus, its value and validity is undisputable. However, in the recent time, the geometric emergence of novel issues in the contemporary Islamic world vis-à-vis influx of incompetent scholars (self-acclaimed Mujtahideen) call for serious concerned. This thus informs the reason this paper examines the concept of Ijtihad with particular reference to its scopes, modes, and legislative value as well as qualifications of a Mujtahid. The paper adopts doctrinal method of legal research and as such argues that despite the scopes of Ijtihad being restricted to matters not definitely addressed by the primary sources, it could also be exercised with respect to matters that have been definitely addressed by the primary sources to enhance their careful implementations. The paper argues further that the modes of Ijtihad do not enjoy stereotype application because there are number of modes open to a Mujtahid such as by way of Qiyas, Istihsan, Istislah, Istishab, amongst others, depending on the particular case in point. The paper argues further that Maqaasidus-Shari’ah is the bedrock of Ijtihad and as such the door of Ijtihad is not open to all and sundry except competent and qualified persons based on requisite qualifications. The paper concludes that Ijtihad enjoys continuous relevance in the contemporary Islamic world. The paper recommends, amongst others, the establishment of Fiqh Academy in Nigeria to curb the menace of conflicting legal rulings on matter of requiring collective Ijtihad in the country.
Ijtihad: Scopes, Modes & Legislative Value in Islamic Jurisprudence
(Department of Islamic Law, Al-Hikmah University, Ilorin, Nigeria, 2021-11-15) Ahmed Abiodun Muhammed-Mikaaeel; Kamaldeen Olataitan Salman
Ijtihad, as a legislative tool, plays pivotal role in the enhancement of dynamism of Shari’ah to issues not definitely captured by the primary sources. The practice of Ijtihad is dated back to the Prophet (PBUH) era. Ever since then, it has been become useful tool in the expansive interpretation of the primary sources of Shari’ah to solve certain legal problems. Thus, its value and validity is undisputable. However, in the recent time, the geometric emergence of novel issues in the contemporary Islamic world vis-à-vis influx of incompetent scholars (self-acclaimed Mujtahideen) call for serious concerned. This thus informs the reason this paper examines the concept of Ijtihad with particular reference to its scopes, modes, and legislative value as well as qualifications of a Mujtahid. The paper adopts doctrinal method of legal research and as such argues that despite the scopes of Ijtihad being restricted to matters not definitely addressed by the primary sources, it could also be exercised with respect to matters that have been definitely addressed by the primary sources to enhance their careful implementations. The paper argues further that the modes of Ijtihad do not enjoy stereotype application because there are number of modes open to a Mujtahid such as by way of Qiyas, Istihsan, Istislah, Istishab, amongst others, depending on the particular case in point. The paper argues further that Maqaasidus-Shari’ah is the bedrock of Ijtihad and as such the door of Ijtihad is not open to all and sundry except competent and qualified persons based on requisite qualifications. The paper concludes that Ijtihad enjoys continuous relevance in the contemporary Islamic world. The paper recommends, amongst others, the establishment of Fiqh Academy in Nigeria to curb the menace of conflicting legal rulings on matter of requiring collective Ijtihad in the country.
IJTIHAD: SCOPES, MODES& LEGISLATIVE VALUE IN ISLAMIC JURISPRUDENCE
(DEPARTMENT OF ISLAMIC LAW FACULTY OF LAW, AL-HIKMAH UNIVERSITY, ILORIN, NIGERIA, 2021-12-20) Ahmed Abiodun Muhammed-Mikaaeel; KAMALDEEN OLAITAN SALMAN
ljtihad, as a legislative tool, plays pivotal role in the enhancement of dynamism of Shari'ah to issues not definitely captured by the primary sources. The practice of Ijtihad is dated back to the Prophet (PBUH)era. Ever since then, it has been become useful tool in the expansive interpretation of the primary sources of Shari'ah to solve certain legal problems. Thus, its value and validity is undisputable. However, in the recent time, the geometric emergence of novel issues in the contemporary Islamic world vis-à-vis influx of incompetent scholars (self-acclaimed Mujtahideen) call for serious concerned. This thus informs the reason this paper examines the concept of ljtihad with particular reference to its scopes, modes, and legislative value as well as qualifications of a Mujtahid. The paper adopts doctrinal method of legal research and as such argues that despite the scopes of Ijtihad being restricted to matters not definitely addressed by the primary sources, it could also be exercised with respect to matters that have been definitely addressed by the primary sources to enhance their careful implementations. The paper argues further that the modes of ljtihad do not enjoy stereotype application because there are number of modes open to a Mujtahid such as by way of Qiyas, Istihsan, Istislah, Istishab, amongst others, depending on the particular case in point. The paper argues further that Maqaasidus-Shari'ah is the bedrock of ljtihad and as such the door of ljtihad is not open to all and sundry except competent and qualified persons based on requisite qualifications. The paper concludes that Ijtihad enjoys continuous relevance in the contemporary Islamic world. The paper recommends, amongst others, the establishment of Fiqh Academy in Nigeria to curb the menace of conflicting legal rulings on matter of requiring collective Ijtihad in the country. KEY WORDS: ljtihad, Maqaasidus-Shari'ah, Scopes, Modes,Qualifications, Legislative Value
LEGAL CONUNDRUM OF AMNESTY GRANT AS MECHANISM FOR COMBATING TERRORISM IN NIGERIA: SHARI’AH STANDPOINT
(Department of Islamic Law, University of Maiduguri, 2023-12-31) Onikosi A. Ahmeed; Ahmed Abiodun Muhammed-Mikaaeel
Amnesty grant is one of the powers conferred on the President or the Governor as the case may be under the Nigerian constitution. The scope of amnesty grant covers pardoning of offenders before and after prosecutions. Nigerian government has over the year granted amnesties to offenders covering the foregoing. However, the legal conundrum cropped up with respect to amnesty granted prior to offenders’ prosecution. The validity of the earlier actions remains questionable due to the constitutional inadequacy. This paper thus examines the legal conundrum of the amnesty grant as mechanism for combating terrorism in Nigeria from Shari’ah standpoint vide doctrinal method of legal research. The paper reveals that the Nigerian legal regime is adequate with respect to grant of amnesty to offenders after convictions. The grant of amnesty prior to prosecution remains a serious legal issue as a result of legislative inadequacy. The paper finds that such inadequacy is absent in the jurisprudence of Islamic law as the real focus of amnesty from Shari’ah standpoint is on that exercised in favour of the offender prior to prosecution upon the satisfaction of the requirements of repentance. Borrowing leaf from Shari’ah standpoint, amendment of the legal framework for amnesty grant in Nigeria is accordingly recommended to put an end to the legal conundrum.
Legal Implication of Qur'an Chapter 4 Verse 3 on Muslims' Marital Affairs
(Universitas Ahman Dhalan, Indonesia, 2021-07-15) Ahmed Abiodun Muhammed-Mikaaeel
Introduction to the Problem: Bad practice of Polygyny among certain members of Muslim Ummah is nothing to write home about. The practice does not conform to Islamic teachings as contained in the unambiguous provision of Allah’s ordinance in Qur’an Chapter 4 verse 3. The very essence of Islamic polygyny which is geared towards protecting the interest of widows and orphan girls is defeated among the bad practitioners of polygyny. This has resulted in ardent opposition to the practice of Islamic polygyny. The foregoing informs the reason this paper examines the legal implication of Quran Chapter 4 verse 3 on Muslims marital affairs. Purpose/Objective of the Study: The objective of this paper is to examine the genesis and subject matter of Quran Chapter 4 verse 3; the legal implication of Quran Chapter 4 verse 3 as well as the juristic opinion on Islamic polygyny; the Muslims bad practice vis-à-vis the reality on Islamic polygyny. Design/Methodology/Approach: The methodology employed in this paper is simply the doctrinal method of legal research. To the end, the paper relies the provisions of Qur’an, Hadith, Juristic Views and scholarly articles written on the subject matter of this paper. Findings: The paper reveals that the primary objectives of the legal implication of Quran Chapter 4 verse 3 include the protection of widows, orphan girls and divorcees; abolition of unjust/bad practices in marital affairs; payment of adequate dowry to women in the event of marriage irrespective of whose ox is gored; and satisfaction of man’s desire for women and outright abolition of Zina. The paper discovers that the practice of polygyny has continued to be relevant in view of the incessant pressing needs for it. The paper also finds that the greatest challenges to Islamic polygyny are inherent in the Muslim Ummah, both on the parts of men and women. The paper recommends character adjustment for both sexes to pave way for true practice of Islamic polygyny.
Legal Implication of Qur'an Chapter 4 Verse 3 on Muslims' Marital Affairs
(Universitas Ahman Dhalan, Indonesia, 2021-10-15) Ahmed Abiodun Muhammed-Mikaaeel
Introduction to the Problem: Bad practice of Polygyny among certain members of Muslim Ummah is nothing to write home about. The practice does not conform to Islamic teachings as contained in the unambiguous provision of Allah’s ordinance in Qur’an Chapter 4 verse 3. The very essence of Islamic polygyny which is geared towards protecting the interest of widows and orphan girls is defeated among the bad practitioners of polygyny. This has resulted in ardent opposition to the practice of Islamic polygyny. The foregoing informs the reason this paper examines the legal implication of Quran Chapter 4 verse 3 on Muslims marital affairs. Purpose/Objective of the Study: The objective of this paper is to examine the genesis and subject matter of Quran Chapter 4 verse 3; the legal implication of Quran Chapter 4 verse 3 as well as the juristic opinion on Islamic polygyny; the Muslims bad practice vis-à-vis the reality on Islamic polygyny. Design/Methodology/Approach: The methodology employed in this paper is simply the doctrinal method of legal research. To the end, the paper relies the provisions of Qur’an, Hadith, Juristic Views and scholarly articles written on the subject matter of this paper. Findings: The paper reveals that the primary objectives of the legal implication of Quran Chapter 4 verse 3 include the protection of widows, orphan girls and divorcees; abolition of unjust/bad practices in marital affairs; payment of adequate dowry to women in the event of marriage irrespective of whose ox is gored; and satisfaction of man’s desire for women and outright abolition of Zina. The paper discovers that the practice of polygyny has continued to be relevant in view of the incessant pressing needs for it. The paper also finds that the greatest challenges to Islamic polygyny are inherent in the Muslim Ummah, both on the parts of men and women. The paper recommends character adjustment for both sexes to pave way for true practice of Islamic polygyny. .
Misapplication of the Principle of Murūr Az-Zaman to Al-Faraa'id Cases in Nigeria: Ascertaining the Position of Islamic Courts
(Institution of Law, Alliance University, Bengaluru, India, 2023-03-15) Ahmed Abiodun Muhammed-Mikaaeel; Ibrahim T. Balogun
Principle of Murur Az-Zaman stipulates that the cause of action in Islamic civil actions caught up by long delay becomes extinguished because of larches and acquiescence. It is undoubtedly that the principle of Murur Az-Zaman applies to all Islamic civil matters in an Islamic court. In this vein, cases involving Al-Faraa’id (estate distribution) which have suffered undue delay are presumed by some litigants in Nigeria to have been extinguished in line with the principle of Murur Az-Zaman. Hence, majority of the people whose cases bother on the inheritance of their deceased have resorted to the fate that their rights can no longer be enforced in Islamic Court owing to the length of time that had lapsed in their circumstances. This continues to strengthen Fasaad (corruption) by unscrupulous people who derive pleasure and gains in withholding and eating up properties that are supposed to be shared by way of inheritance. The foregoing thus prompted this paper to examine the misapplication of the principle of Murur Az-Zaman to Al-Faraa’id cases to ascertain the position of Islamic courts in Nigeria. The paper adopts the doctrinal method of legal research by analyzing the decision of the Shari’ah Court of Appeal in the case of Iya Maiwana V. Mamman Captain vis-à-vis the position of Islamic jurisprudence. The paper finds that though the principle of Murur Az-Zaman applies to Islamic civil cases. However, Shari’ah considers Al-Faraa’id cases as exceptions to the application of Murur Az-Zaman because they are sui generis. This is thus the position of Islamic courts in Nigeria owing to the inherent HaqquLlah (right of Allah) in Al-Faraaid cases which cannot be waived no matter the delay before instituting such cases before Islamic courts. The paper suggests that Islamic courts in Nigeria should never deviate from their ascertained position that the Al-Faraa’id case cannot be affected by the principle of Murur Az-Zaman. Because lots of such cases are yet to be filed by litigants under the mistaken impression that long delay affects Al-Faraa’id cases. It is further suggested that Islamic courts in Nigeria should begin to organize seminars and workshops to sensitize the general public that despite the long delay concerning Al-Faraa’id cases, Islamic courts are ready to entertain their cases.
Misconception of the Legalisation of Armed Conflicts under Shari'ah: A Review of Shari'ah Ethical Standpoint
(Department Commercial and Property Law, Faculty of Law, Nnamdi Azikiwe University, 2024-06-25) Francis Ekene Ikebundu; Ahmed Abiodun Muhammed-Mikaaeel
Shari’ah has been attacked tremendously for the past three decades. The fulcrum of the attacks has being the wrongful misconception of the legalization of armed conflicts under Shari’ah. To worsen the situation, most players in the armed conflicts carried Shari’ah emblems and cited the legislations in the primary sources of Shari’ah as validity for their actions. This has given Shari’ah legal system bad image across the universe with respect to incessant collapse of commercial transactions, amongst other in the affected region. This thus prompted these researchers to review the misconception surrounding legalization of the armed conflicts under Shari’ah. With the aid of doctrinal method of legal research, the paper finds that the misconception is deeply rooted in the history of Shari’ah which experienced series of attacks/wars from the enemies and the divine legislation to fight for self defence. The paper finds further that most who engaged in armed conflicts in the recent time intentionally interpreted Shari’ah legislation to suit their illegal agenda. The paper ultimately finds that Shari’ah legislation is about ensuring peace and tranquility on earth as showcased by Prophet Muhammad (PBUH) and never supported conflicts of whatever guise. The paper recommends proper understanding of the Shari’ah standpoint on armed conflicts with a view to reconciling the misconceptions across the world.
Nexus between education and ethics: Islamic law perspective
(Al-Hikmah University, Islamic Law Department, Ilorin, Nigeria, 2021-11-15) Ahmed Abiodun Muhammed-Mikaaeel
Year-in-year-out, scholars are being produced from Nigerian Tertiary Institutions. These scholars are well equipped with adequate knowledge. Our decadent environment has revealed that most of our scholars explore their acquired knowledge with no regards to ethics as if ethics is dispensable. This call for great concern. This paper, in addressing the issue, relied principally on doctrinal method. The paper examined the nexus between education and ethics from Islamic law perspective. The paper contends that education and ethics are inseparable both in theory and practice. The paper suggests, amongst others, that the Nigerian Tertiary Institutions should revisit the inculcation of ethics in their various curriculum.
Nexus between education and ethics: Islamic law perspective
(Al-Hikmah University, Islamic Law Department, Ilorin, Nigeria, 2020-09-15) Ahmed Abiodun Muhammed-Mikaaeel
Year-in-year-out, scholars are being produced from Nigerian Tertiary Institutions. These scholars are well equipped with adequate knowledge. Our decadent environment has revealed that most of our scholars explore their acquired knowledge with no regards to ethics as if ethics is dispensable. This call for great concern. This paper, in addressing the issue, relied principally on doctrinal method. The paper examined the nexus between education and ethics from Islamic law perspective. The paper contends that education and ethics are inseparable both in theory and practice. The paper suggests, amongst others, that the Nigerian Tertiary Institutions should revisit the inculcation of ethics in their various curriculum.
Piercing of Corporate Veil in the Nigerian and English Legal Systems: A Comparative Appraisal
(Al-Hikmah University, Private and Business Law Department, Ilorin, Nigeria, 2021-10-25) Ahmed Abiodun Muhammed-Mikaaeel
Piercing of corporate veil is on the increase nowadays resulting from the increase in the commission of corporate crimes by corporate managers. Corporate managers now realise that veil of incorporation no longer serves as hiding place for them to avoid consequential personal liability. The corporate legal framework in Nigeria does not only recognise the corporate legal personality of duly incorporated companies but also gives credence to lifting of corporate veil by the court in deserving situation. This study is essentially literature based and, upon the foregoing background, investigates the instances warranting lifting of corporate veil by the court in Nigeria and England with particular emphasis on the relevant legal frameworks in the two countries and draw lessons for Nigeria from English experience. The study argues that Nigeria has a robust legal framework for lifting of corporate veil in deserving situation and recommends adequate enforcement for effectiveness.
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.

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