Department of Jurisprudence and Public Law

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Browsing Department of Jurisprudence and Public Law by Author "Ahmed A. Muhammed-Mikaaeel"

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    ANALYSING MARITIME ACTIVITIES AND CLIMATE CHANGE VUNERABILITY FROM JURISPRUDENCE OF ISLAMIC LAW
    (2026-04-23) Kudirat Abdulkareem; Ahmed A. Muhammed-Mikaaeel; Halimat Tope Akaje PhD; Khadijat Kamaldeen Ibrahim-Eletu; Khairat Eletu
    There are abundant natural resources on the sea are for human exploration for the benefits of humanity. However, during their explorations, certain hazards came to the fore which cause harm to humanity. This brings to the fore the recurrent debates on maritime activities and climate change vulnerability culminating into both international and national regimes for regulations and control. Despite these regimes, maritime activities continue to occasion climate change vulnerability. Against this backdrop, this study explores the discussions on the subject matter from the lens of Islamic jurisprudence. Hence, the study analyses the maritime activities and climate change vulnerability from the jurisprudence of Islamic law via reliance on the doctrinal method of data collection. The study finds that maritime activities which caused climate change vulnerability are forms of corruption on earth (fasad fil ard) which Allah frowns at. The study finds further that principles of Islamic law and maqasid Shari'ah forbid all forms avoidable harms caused via the maritime activities by human explorations of the sea. The study finds further that the current legal regimes for the control of maritime activities faces a number of challenges. The study recommends tackling the problems emanating from maritime activities through internalisation of the maqasid Shari'ah models of protections of life (nafs), wealth (mal) and future generations (nasl) amongst others.
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    X-RAYING THE RIGHTS OF AN UNBORN CHILD UNDER THE ENGLISH COMMON LAW: THE NIGERIAN EXPERIENCE
    (Department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, Malete, 2025-12-30) Khairat Eletu; Ahmed A. Muhammed-Mikaaeel; Halimat Tope Akaje
    Major focus in the global discourse of rights have been on human rights. This presupposes the rights of persons who have been born alive. Little attention is paid to the rights of the unborn child under the common law jurisprudence. Hence, this paper is poised into making an enquiry into the rights of an unborn child under the English common law. In doing so, the study adopts the doctrinal method of legal research. The paper finds that there appears no consensus among scholars on when human life begins, while some opine that it is at birth, quickening is said to mark the beginning of life by some; the pro-life advocates opine that conception is the beginning of human life. The paper finds further that the underlying principle as regards the unborn child in Common law jurisdictions is the ‘born alive rule’ with an exception found in the American experience of the rule. The paper finds also that Nigerian constitutional provisions on the protection of human life vis-à-vis appropriate sanctions for violation are by extension applicable to an unborn child. The paper concludes that such rights can be overridden in the interest of the mother. The paper recommends legal jurisprudence expansion to harmonize various issues relating to the rights of an unborn child under the law.