Browsing by Author "Salman, Kamaldeen Olaitan"

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    AMNESTY AS ANTIDOTE TO TERRORISM: LEGALITY OR OTHERWISE UNDER INTERNATIONAL AND ISLAMIC LAWS
    (DEPARTMENT OF ISLAMIC LAW FACULTY OF LAW, AL-HIKMAH UNIVERSITY, ILORIN, NIGERIA, 2019-06) Salman, Kamaldeen Olaitan
    The menace of terrorism is increasing geometrically across the globe. Many lives and properties have been lost in the process and the losses are still counting. Many countries of the world have been affected including Nigeria. In Nigeria, Bokoharam have established themselves as dreadful terrorists in the North Eastern part of the country. They have claimed many lives, destroyed many properties and left other permanently maimed for life. This has caused for serious concern with a view to finding a lasting solution to the unfortunate situation. This made the Federal government of Nigeria to propose granting amnesty to the dreadful Bokoharam with a view to laying their menace to rest. Hence, this study, which is essentially literature based with particular emphasis on the relevant international legal framework on the concept of terrorism and amnesty as antidote for the menace of terrorism as well as various relevant injunctions from the Holy Qur’an, examines the subject matter of this research both under the international law and Islamic law. The study also examines the effect of amnesty and its impact on terrorism under the two areas of law. The paper argues that amnesty is a valid solution to act of terrorism both under the International and Islamic Laws. The article further stated that if the identified and highlighted conditions stated for sincere repentance by the terrorists are met, amnesty stands a better chance of eradicating the menace of terrorisms in Nigeria. The study recommends that the federal government should strictly ensure that the Bokoharam terrorists meet the conditions of repentance before they could be granted amnesty as was done in the West in the past.
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    An Analysis Of The Primary Sources Of Shari’ah
    (A PUBLICATION OF THE FACULTY OF LAW, 2019) Salman, Kamaldeen Olaitan
    Sources of Islamic Law are classified into primary and secondary sources. The primary sources as agreed by scholars includes: Quran, Hadith and Ijma’. Although there are divergent opinions by the scholars on the inclusion of Ijma’ into the primary sources of Shariah as that was never part of the sources stated by the Prophet Muhammad (SAW). The purpose of this article is to discuss the important of this primary source of Islamic law in an attempt to solve any contemporary issue in our society. The article focuses on the detail analysis of Quran as sources of Shari’ah. The article reveals that Quran is a primary source of Sharia which all other sources are dependent upon. The article embarks on extensive examination of Hadith of Prophet Muhammad as another primary source of Sharia. Ijma’ formed last discussion on the primary sources of Shari’ah with focus on its important and condition that must be satisfied before relying on it to formulate Islamic rule
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    AN EXAMINATION OF EMPLOYMENT OF A NON-MUSLIM IN ISLAMIC ORGANISATION
    (2024-06) Salman, Kamaldeen Olaitan
    The world is created in such a way that no one can completely exist independent of another especially when it comes earning a living. Thus, engagement in one employment or the other becomes inevitable. In view of the inability of the government to provide employment for all and sundry, private organisations sprung up to fill the large vacuum within their limited capacities with faith-based organisations not left out. The problem of job and employment discrimination thus ensued. Hence the topical debate whether a non-Muslim can be employed in an Islamic organizational setting. The study relies on the doctrinal method of legal research to examine the legal implication of Qur’an Chapter 4 verse 144 on employment of non-Muslims in an Islamic organizational setting. The study explores the general rules and exceptions pertaining to non-Muslim employments in an Islamic organization. The study finds that the positions of Islamic jurists founded on the Sunnah of Prophet Muhammad copiously supported employment of non-Muslims in Islamic organization with satisfaction of certain conditions precedent including observance of non-discrimination, meeting job requirements and qualifications, respecting religious beliefs of one another within the organizational setting and legal considerations. The study recommends active employments of non-Muslims in Islamic organisations as a way of showcasing the beauty of Shari’ah principles to the non-Muslims for proper inevitable human peaceful co-existence
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    Interrogating the Condition Precedent to the Exercise of Women’s Right to Work under Shari’ah in the Face of the Contemporary Challenges
    (2024-06-26) Salman, Kamaldeen Olaitan
    The popular notion and misconception is that women are disallowed to work under Shari’ah. The notion continues to infatuate the minds of many in view of the fragile nature of women and the protection offered them under Shari’ah. However, in the recent time, there exist many circumstances necessitating women to work like their male counterparts even outside their households. The cases of single motherhood syndromes and harsh economic condition have changed the narrative in most Muslim communities thereby necessitating women to fend for themselves and their dependents. In the face of the contemporary challenges in Islamic world, there is need to therefore interrogate the condition precedent for women to work under Shari’ah jurisprudence. In doing so, the study adopts doctrinal method of legal research. The study finds that freedom is very germane to ability to work; that right to work is subject to the overall commandment of Allah under Shari’ah; that the expected role of women in society ordinarily does not grant them freedom to work outside their home because their primary duty is to take care of their husbands and children; and that the freedom granted women to work outside their households is conditional with genuine case of Dharuurah (necessity). The study concludes that in the face of the contemporary challenges bedeviling some women, they can exercise right to work subject to the conditions stipulated under Shari’ah.
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    LEGALITY OF THE RIGHT TO SELF DEFENCE UNDER ISLAMIC LAW
    (A PUBLICATION OF FACULTY OF LAW, KWARA STATE UNIVERSITY, MALETE, 2021) Salman, Kamaldeen Olaitan
    The purpose of this paper is to delineate and explore the concept of self-defence under Islamic Law as stated in the narration of Sahih Muslim hadith 140. Given this, the current study is purposed to provide comprehensive answers to a series of research questions. Thus, the primary question of research should be formulated as follows: What is the legal basis for self-defence under Islamic Law? To continue, the secondary question of research should be articulated as follows: What are the principles of self-defence under Islamic Law? After everything has been given due consideration, it is necessary to generalise that self-defence under Islamic Law has specific legal basis, specific principles, and peculiarities in their practical application of these principle by different schools of Islamic legal thought. It was ascertained that not only self-defence, but also killing in self-defence. The first and foremost principle stipulates that killing in self-defence is permissible under Islamic Law and neither blood money nor retribution is mandatory if an attacker takes action to kill the defender, while the defender is deprived of any opportunity to escape albeit he has taken strenuous efforts to escape and consequently is forced by the circumstances to kill the attacker by way of defending him/herself or by way of defending his family.
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    PROCEDURE FOR REGISTRATION OF ISLAMIC ORGANISATION IN NIGERIA: CHALLENGES AND SOLUTIONS
    (FACULTY OF LAW, KWARA STATE UNIVERSITY, MALETE, 2021) Salman, Kamaldeen Olaitan
    In the recent times, there have been a lot of focuses on religious organizations, especially with respect to their proliferation, operations, activities and utilities in the Nigeria. The position of law is that for any religious organization to carry out operation or to be duly recognized in Nigeria, such organization must be dully registered with the Corporate Affairs Commission; failure of which attracts penalty stipulated in the Companies and Allied Matters Act. It is not a gainsaying that Islamic organizations are part of the organizations enjoined by the law to register before carrying out any activities, whereas most of the Islamic organizations carry on activities without registering with accredited body. This in recent times has caused proscription of most of the so called Islamic organizations by the government, such as Islamic Movement of Nigeria popularly known as Shiite. The registration procedures and methods are not known to most of these organizations hence, their failure to register with the appropriate bodies. Thus, this article discusses procedures for registration of Islamic organization with the Corporate Affairs Commission. The paper also highlights the importance of the registration of the Islamic Organization in Nigeria and also examines some challenges usually encountered as per registration of organizations in Nigeria. The study recommends, amongst others, the creation of more awareness as per the benefits of registration and the disadvantage for failure to register before carrying out activities
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    TOWARDS FINDING SUITABLE PUNISHMENT FOR KIDNAPPING IN ISLAMIC JURISPRUDENCE: CASE STUDY OF HIRABAH
    (BENUE STATE UNIVERSITY LAW JOURNAL, 2022-11) Salman, Kamaldeen Olaitan
    Kidnapping has been reported as the most prevalent crime against humanity in the recent time. Almost every part of the globe felt its menace. Little wonder most countries begin to enact stiffer punishment for the offence to serve as deterrent. Islamic jurisprudence recognises offence of kidnapping as a cankerworm tormenting humanity. Despite the seriousness of the offence just like that of specific offences categorised as Hudud, the punishment regime of kidnapping is left to the discretion of Judge in Islamic jurisprudence. This informs the reason the paper attempt to find suitable punishment for the offence of kidnapping using Hirabah as a case study. The study adopts doctrinal method of legal research with content analysis of the relevant provisions of the primary sources of Shari’ah as well as the various juristic opinions. The paper examines the detailed analysis of the rules and procedure of Hirabah under Shari’ah and finds that offence of kidnapping has great semblance and similarity with offence of Hirabah. The paper finds further that the line of difference between the offences of kidnapping and Hirabah is that the former is categorised under Ta’azir while the latter is categorised under Hudud. The paper recommends amongst others that with the discretion regime under Ta’azir offences, rules and procedures of Hirabah regarding its punishment can be made applicable to the horrible offence of kidnapping to serve as deterrent.