Browsing by Author "Ahmed Abiodun Muhammed-Mikaaeel"

Now showing 1 - 20 of 32
  • Thumbnail Image
    Item
    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.
  • No Thumbnail Available
    Item
    Analysing x-ray and radiation risk exposure under Shari'ah patients' healthcare
    (Kwara State University Department of Business and Private Law, 2025-12-16) Abdulfatah Abdur-Rahman Jimba; Ahmed Abiodun Muhammed-Mikaaeel
    X ray imaging holds an indispensable role in modern medical diagnostics, yet its utilization raises significant ethical and safety consideration especially in aspect of radiation exposure. Hence, this paper analyses x-ray and radiation exposure under Shari’ah patient healthcare by drawing on classical Islamic legal maxims such as necessity (darurah) and the imperative to prevent harm (dafʿ al-darar). The study examines the traditional fiqh and how the overarching objectives of Maqasid al-Shari‘ah can ethically accommodate the use of x rays in medicine. The analysis balances the life-saving diagnostic benefits against the potential risks of radiation, thereby illustrating the flexibility and adaptability of Islamic jurisprudence to modern technological challenges. Adopting a multidisciplinary approach, the paper reviews classical Islamic texts alongside current radiological standards and clinical research. It explores the conditions under which x ray examinations are deemed permissible when conducted in adherence to stringent safety protocols aimed at minimizing risk. Through evaluation of contemporary fatwas and case studies, the paper demonstrates how informed ijtihad fosters an interpretative framework that not only mitigates potential harm but also promotes patient welfare within an Islamic ethical context. Ultimately, the study provides clear guidelines for both religious scholars and medical practitioners, advocating for a dynamic dialogue that ensures medical innovations remain aligned with the fundamental values of preserving life and well-being. The paper found that despite the existence of the contemporary challenges, the flexibility of Shariah rules makes room for permissibility of x-ray under necessity doctrine and prevention of harm hinged on life-saving objective. The paper recommends clinical best practices, virile institutional framework, fatwa-based enquiry, amongst other.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • Thumbnail Image
    Item
    Conceptual and Theoretical Approaches to the Muslim Patients' Rights under Shari'ah
    (2025-05-15) Ahmed Abiodun Muhammed-Mikaaeel; Abdul-Quadri Zubair; Abdulsalam Lukman Oladele
    Observance of the Muslim patients’ rights faced several challenges chiefly due to lack of official recognition amongst the medical practitioners and other healthcare providers. In addressing the challenges, the article adopts doctrinal methodology. The article, with the aid of the conceptual and theoretical approaches, shed light on the meaning and essence of the Muslim patients’ rights. The article examines the concepts of medical treatment, halal medical service, same-sex medical treatment and opposite-sex medical treatment regarding the Muslim patients’ rights. The article also examines the maqasid, sociological, utilitarian, client-centered therapy and divine command theories in relation to the Muslim patients’ rights. Through the conceptual and the theoretical approaches, the article orchestrates that the Muslim patients’ rights are genuine rights which the Muslim patients deserve because they are inseparable from their religious practices. The article recommends emulation of the 21st century all-inclusive medical law practice that gives room for the official recognition of the Muslim patients’ rights in the country.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • Thumbnail Image
    Item
    ENHANCING ISLAMIC BANK’S PARTICIPATION THROUGH AGRICULTURE UNDER NIGERIAN INCLUSIVE FINANCING POLICY: MUSAQAH AND MUZARA’AH AS PANACEA
    (Islamic Law Department, Usmanu Dan Fodiyo University, Sokoto, Nigeria, 2022) Misturah Abayomi Mohammed-Yusuf; Ahmed Abiodun Muhammed-Mikaaeel
    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.
  • Thumbnail Image
    Item
    Exegesis of the Holy Qur'an as Legal Framework for Muslim Patients' Rights in the Contemporary Muslim Societies
    (UIN K.H. Abdurrahman Wahid Pekalongan, 2025-06-12) Ahmed Abiodun Muhammed-Mikaaeel; Abdulsalam Lukman Oladele; Abdul-Quadri Zubair
    Background and Objectives: Muslims in non-Islamic states continuously face lots of challenges regarding recognition and observance of the Muslim patients’ rights (MPRs). There is widespread misconception that Islamic law does not explicitly cover patients’ rights. Methodology: The study adopts doctrinal method of Islamic legal research exploring foundation of the MPRs from the Holy Qur’an. Qur’anic exegesis explores Tafseer of Al-Qurtubi and As-Sa’di which are based on Ayat al-Ahkam (legislative verses). Relevant secondary sources of information were explored at academia, google scholar, google search engine, research gate, sage-pub, semantic, Brill, and jostor. The main results: The study finds that the MPRs emanated from the relevant verses of the Holy Qur’an especially the Qur’an Chapter 24 verse 30-31 and Quran Chapter 33 verse 59. The MPRs include same-gender treatment, presence of mahram during medical treatment, privacy and coverage of ‘awrah, separate hospital wards for different genders etc. Though the MPRS are very sacrosanct; they are not absolute and relaxable under emergencies to save life in compliance with certain cautions. This research contribution: The existing literature focused on medical fatwas and thematic interpretations with dearth of Qura’nic interpretative literature of modern healthcare regarding MPRs. The study fills the gap by coming up with up a model of legal framework, mapping table of verses and policy recommendations for the contemporary Muslim societies. Conclusion: The study finds that the MPRs are inherently inalienable having emanated from Holy Qur’an. The study recommends pragmatic integration of Islamic etiquettes in hospital policies and medical principles for the recognition of the MPRs.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • Thumbnail Image
    Item
    IJTIHAD: SCOPES, MODES & LEGISLATIVE VALUE IN ISLAMIC JURISPRUDENCE
    (Department of Islamic Law, Al-Hikmah University, Ilorin, Nigeria, 2021) Ahmed Abiodun Muhammed-Mikaaeel; Kamaldeen Olaitan 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.
  • Thumbnail Image
    Item
    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
  • No Thumbnail Available
    Item
    Legal analysis of the constitutionality of declaring a state governor incapacitated in office
    (Faculty of Law, Imo State University, 2026-12-01) Francis Ikebundu Ekene; Ahmed Abiodun Muhammed-Mikaaeel
    The issue of gubernatorial incapacitation in Nigeria presents a complex dilemma, balancing the public interest in continuity of governance with the individual rights of the Governor. This paper examines the existing legal framework outlined in the Nigerian Constitution, analyzing its strengths and weaknesses. The paper employs purely doctrinal methodology in analyzing the constitutionality of declaring state governor incapacitated in office and its source from the Nigerian Constitution. Through arguments for and against its constitutionality, the paper exposes potential vulnerabilities to political manipulation and inadequate safeguards for individual rights. Drawing comparative insights from other jurisdictions like the United States and Kenya, the paper proposes actionable reforms to strengthen the Nigerian system. These include a clearer definition of "incapacity," an independent medical panel, expanded judicial review, and provisions for temporary incapacitation. By implementing these recommendations, Nigeria can strive towards a more robust and transparent system that upholds both public interest and individual rights, ultimately strengthening Nigeria's democratic fabric and serving as a model for other nations facing similar challenges
  • Thumbnail Image
    Item
    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.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    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. .