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Browsing Scholarly Publication by Author "Ibrahim T. Balogun"

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    Misapplication of the Principle of Murūr Az-Zaman to Al-Faraa'id Cases in Nigeria: Ascertaining the Position of Islamic Courts
    (School of Law, West Bengal National University of Juridical Sciences, Kolkata, India., 2023-03-15) Ahmed A. 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.
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    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.