Browsing by Author "Khairat Eletu"

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    JUSTIFYING THE PERMISSIBILITY OF MODERN FAMILY PLANNING FOR MUSLIM PATIENTS: A JURISPRUDENTIAL ANALYSIS
    (Faculty of Law, International University of Sarajevo, Bosnia and Herzegovina, 2025-12-30) Ahmed Abiodun Muhammed-Mikaaeel; Halimat Tope Akaje; Shehu Kazeem Hassan; Khairat Eletu
    Wrong misconception regarding permissibility of the modern family planing for Muslim patients is common in Muslim societies. This resulted into negative perception to the modern family planning practice by contraception. This is further aggravated by divergent opinions of scholars breeding controversy on this subject. This prompts this study to embark on the justification of the permissibility of the modern family planing for Muslim patients via jurisprudential analysis. The study adopts doctrinal method to analyse various provisions of the Qur’an and Sunnah as well as juristic opinion about contraception under Islamic law. The study asserts that the practice of family planning is age-long, pre-dating Islamic era. It contends that Islamic legislation does not condemn the contraceptive practices but modified it. The study finds that the issue of contraception split scholars of Islamic jurisprudence into two: the antagonists and the protagonists. The study finds that both sides of the antagonists and the protagonists relied on the provisions from the sources of law to strengthening their arguments. The study finds that the position of the protagonists of the contraceptive method of family planning is in line with the objectives of Islamic law. The study finds that there is justification for the permissibility of the modern contraception for Muslim patients in line with maqasid Shari‘ah. The study recommends that Muslim patients have the duty to ascertain which type of contraceptive method is safe and devoid of risk from the medical experts while exercising their right to contraception.
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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.
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    X-RAYING THE RIGHTS OF AN UNBORN CHILD UNDER THE ENGLISH COMMON LAW: THE NIGERIA EXPERIENCE
    (Department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, 2025-12-30) Khairat Eletu; Ahmed Abiodun 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.