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Browsing by Author "Zubair, Aishat Abdul-Qadir"

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A DECADE IN RETROSPECT: ANALYSIS OF SOVEREIGN IN NIGERIA
(Department of Sharia, Faculty of Law, University of Maiduguri, Nigeria., 2025) Zubair, Aishat Abdul-Qadir
This paper explores the emergence and implications of sovereign Sukuk issuance in the Nigerian financial landscape. Sukuk, as Islamic financial instruments, have gained global recognition for their compliance with Shari’ah principles and their potential to mobilize capital for infrastructure development. This paper provides an in-depth analysis of the historical context and regulatory framework surrounding the introduction of sovereign Sukuk in Nigeria. The study delves into the motivations driving the Nigerian government's adoption of Sukuk as an alternative financing mechanism, considering factors such as economic diversification, infrastructure deficit, and the desire to attract Islamic investments. Through a comprehensive literature review via doctrinal research, the paper evaluates the performance and impact of sovereign Sukuk on Nigeria's economic indicators, fiscal policies, and the broader financial market. Furthermore, the research assesses the challenges and opportunities associated with the implementation of sovereign Sukuk , considering both domestic and international perspectives. It investigates the investor perceptions, market dynamics, and regulatory adaptations required to facilitate the successful integration of Sukuk within Nigeria's financial architecture. The findings of this study contribute to the existing body of knowledge on Islamic finance, offering insights into the specific context of sovereign Sukuk within the Nigerian economic landscape. The paper concludes with policy recommendations and prospects, aiming to guide policymakers, financial institutions, and investors in navigating the evolving landscape of Islamic finance in Nigeria.
A SWOT Analysis of the Dispute Resolution Mechanisms in the Islamic Finance Industry in Malaysia
(Grosvenor House Publishing Limited, 2020) Zubair, Aishat Abdul-Qadir; Professor Dr. Rabiah Engku Adawiah Ali
This chapter is divided into seven sections. The first section gives a general introduction and section two examines the court process as a mechanism for the resolution of Islamic finance disputes in Malaysia. This is followed by the third section that evaluates the use of arbitration under the auspices of the Kuala Lumpur Regional Centre for Arbitration (KLRCA). Section four deals with the court-annexed mediation under the auspices of Kuala Lumpur Court Mediation Centre (KLCMC); while section five deals with mediation/adjudication under the auspices of the Financial Mediation Bureau (FMB). The process of mediation under the Malaysian Mediation Centre (MMC) is the main aim of section six while the last section which is section seven gives a general conclusion.
Alternative Dispute Resolution in Family Disputes: An Appraisal of Financial and Property Rights of Muslim Women in Nigeria.
(Jabatan Kehakiman Syariah Malaysia & Ahmad Ibrahim Kulliyah of Laws, Malaysia, 2021) Zubair, Aishat Abdul-Qadir; Kudirat Magaji Owolabi Wopa
In Nigeria, Muslim women hardly enjoy the rights which may avail them in Shari‘ah during the marriage or at divorce. Financial support and property rights are fundamental issues that need to be resolved. Hence, depriving women of their entitlement of these rights often leave them at an economically disadvantaged position. The implication of this situation to the society at large cannot be overemphasised since women build generations in years to come. The current position of the Common law as well as the strict property rights approach of the courts clearly cannot offer justice to women. Hence, there is need for alternative route to access justice. The article aims to examine the aptness of Alternative Dispute Resolution (ADR) mechanisms in family disputes related matters and hindrances to the use of ADR to enforce financial and property rights of women in Nigeria. The article recommends among others the amendment of the Marriage Act, Matrimonial Cause Act and Matrimonial Causes Rule, Court Rules to capture both Islamic and conventional ADR mechanisms and enforcement of its outcome.
An Analysis of Dispute Resolution Mechanisms in the Islamic Banking and Finance Industry in Malaysia
(Fakultas Hukum Universitas Ahmad Dahlan, 2020) Zubair, Aishat Abdul-Qadir
Introduction to The Problem: With the increasing boost to the Malaysian Islamic finance industry and the sophistication experienced in the industry with regards to product development, there is a substantial downside of such enviable achievements, which is the gradual surge in the number of disputes involving Sharia-compliant transactions. It is therefore important to analyse the existing dispute resolution mechanisms in the Islamic finance industry in Malaysia. Purpose/Objective Study: The article aims to analyse the court system as a dispute resolution mechanism as well as the other alternative dispute resolution mechanisms available to parties in resolving the dispute in the Islamic banking and finance industry in Malaysia. Design/Methodology/Approach: This study adopts a doctrinal legal method in examining the relevant Islamic dispute resolution mechanisms that are unique to Islamic finance disputes. Findings: The findings of this research reveal that some issues are causing untold hardships on parties in Islamic finance contractual disputes with the present jurisdiction of the courts in Malaysia. It is in line with the hypothesis of the research that the continued preference for litigation as a means of settling disputes in the Islamic finance industry is not sustainable due to the paradigm shift in dispute resolution involving financial matters globally
AN EXPLORATION OF DISPUTE RESOLUTION MECHANISMS IN ISLAMIC COMMERCIAL TRANSACTION
(Department of Islamic Law, Faculty of Law, Al-Hikmah University, 2021-06) Zubair, Aishat Abdul-Qadir
There is a recent boost to Islamic Commercial law in Nigeria most especially with the sophistication experienced in its emerging Islamic finance industry, with regards to Islamic banking and Islamic capital market, Sukuk. There is however a looming challenge on the industry in terms of its dispute resolution mechanism. This is because there seems to be an over-dependence on common law institutions, no thanks to the Nigerian colonial heritage, in issues involving Islamic law in general and Islamic commercial law in particular. The aim of this study is therefore to explore the various Islamic Dispute Resolution mechanisms that could be used in resolving Islamic commercial law disputes. This study adopts a doctrinal legal method in exploring the relevant Islamic dispute resolution mechanisms that are unique to Islamic law in general and Islamic commercial law in particular. Finally, the research proposes for the adoption of Islamic Dispute Resolution mechanisms in resolving Islamic Commercial law disputes. The findings of this research reveal that there are indeed dispute resolution mechanisms in Islamic law that are suitable for solving numerous disputes emanating from our ever-innovative Islamic commercial law especially when we take into consideration its uniqueness vis-à-vis Fiqh Muamalat and Shari’ah.
ANTI-TERRORISM FINANCING LAWS IN MALAYSIA: CURRENT TRENDS AND DEVELOPMENTS
(Ahmad Ibrahim Kulliyyah of Laws (AIKOL), 2015) Zubair, Aishat Abdul-Qadir; Umar A. Oseni; Norhashimah Mohd Yasin
Malaysia has continued to proactively enhance its legal framework for combating terrorism financing as a phenomenal response to the global war against terrorism. This paper revisits the provisions relating to anti-terrorism financing in the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), and the recent amendment made to the Act in 2014, as well as the Penal Code of Malaysia. While this study focuses on Anti-Terrorism Laws in Malaysia, AMLATFA forms the crux of the discussion in the light of current developments in anti-terrorism legislation in Malaysia. A brief Islamic legal perspective on anti-terrorism financing is given in the light of specific provisions of AMLATFA and the Penal Code. The paper finds that Malaysia is keeping up with the global developments in Anti-Terrorism Financing laws and this has helped it to maintain a good image in the global world as a country that is ready to combat terrorism generally and terrorism financing specifically. With the emerging threats of the self-styled Islamic State in Iraq and Levant (ISIL) in Malaysia and the world at large, there is no better time than now to come up with a more comprehensive law such as the Prevention of Terrorism Act 2015 to complement existing legislations on terrorism financing.
Combating Corporation-Induced Environmental Pollution in Nigeria vide Shari’ah Mechanism
(International Journal of Law and Social Sciences (IJLS), 2022) Zubair, Aishat Abdul-Qadir; Muhammed-Mikaaeel, Ahmed Abiodun
The menace of environmental pollution is not limited to a particular clime. The scourge is being felt globally. Efforts to combat the menace are still ongoing at global, regional and national levels. Nigeria, as a sovereign na tion, 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 com bating corporation-induced pollution gave rise to se ries of legal frameworks while the country continues to experience environmental degradation. Against this backdrop, this paper looks for options beyond the con ventional corporate law vide Shari’ah mechanism. This paper, which employs the Qualitative Research Design, adopts both the doctrinal and non-doctrinal legal re search 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 conventional law and Shari’ah. The paper further presents a visual represen tation 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 le gal framework for environmental protection, the men ace of corporation-induced pollution is persistent ow ing to certain challenges. It is contended that Nigeria has never considered Shari’ah perspective in protecting its environment. Hence, Shari’ah approach is recom mended for combating corporation-induced environ mental pollution in Nigeria.
Dispute Resolution in the Islamic Finance Industry in Malaysia: Some Legal Conundrums.
(2014) Zubair, Aishat Abdul-Qadir; Oseni, Umar A.
The main purpose of this paper is to explore the state of dispute resolution in the Islamic finance industry in Malaysia as well as expose the legal issues surrounding the effective resolution of Islamic finance disputes in Malaysia. The exploratory study involved several case analyses and judicial pronouncement of some landmark cases during the four decades that Islamic finance has been operating in Malaysia. A content legal analysis of the two most important primary sources-case law and legislation- were used to examine the current state of dispute resolution in the Islamic finance industry in Malaysia. The main findings of the study indicated that the Islamic finance industry which is renowned for its product quality is now also known for the many confrontations, claims, disputes and litigations that permeate the industry. The study also revealed that despite the trends showing changes in the dispute resolution sector of the Islamic finance industry in terms of legal framework reforms, the current jurisdiction over Islamic finance matters that rest with the civil courts and its consequential issues have not helped the industry, the challenge of adequate access to justice still lingers on. Implications of, and limitations to the study are also discussed.
EXISTING LEGAL & REGULATORY FRAMEWORK FOR SOVEREIGN SUKUK IN NIGERIA
(Global Islamic Research Journal (GIRJ), 2026) Zubair, Aishat Abdul-Qadir; Salman, Kamaldeen; Zakariyyah, Abdulrazaak Olufemi
This paper critically examines the existing legal and regulatory framework governing sovereign Sukuk issuance in Nigeria, assessing its adequacy in supporting a robust and sustainable Islamic finance sector. The analysis identifies that Nigeria’s framework is not underpinned by a standalone, comprehensive Islamic finance law. Instead, it is a hybrid structure built upon the amendments to conventional statutes, notably the Investments and Securities Act (ISA) 2007, alongside guidelines issued by the Securities and Exchange Commission (SEC), particularly the Rules on Sukuk Issuance (2013). The research employs a doctrinal legal methodology, analysing primary legislation, regulatory guidelines, and offering circulars for Nigeria’s landmark sovereign Sukuk issuances. The study finds that while this adaptive framework has demonstrably facilitated successful issuances, it presents inherent challenges. Key issues include potential legal ambiguities in asset ownership and transfer central to Sukuk structures, the reliance on regulatory discretion rather than entrenched statutory provisions, and the absence of a dedicated dispute resolution mechanism for Islamic finance. The paper concludes that the current model, though pragmatically effective for kick-starting the market, may pose long-term constraints on depth, innovation, and investor confidence. It recommends the development of a more coherent and consolidated legal architecture, potentially through a dedicated Islamic Finance Act, to provide greater clarity, enhance the enforceability of investor rights, and ensure the framework’s alignment with both global Shari’ah principles and Nigeria’s unique socio-economic context. This evolution is crucial for positioning Nigeria as a regional hub for Islamic finance and leveraging Sukuk as a stable instrument for infrastructure development.
Intergenerational Transfer of Digital Assets: A Comparative Study of English Common Law And The Sharī‘ah.
(Centre for Islamisation International Islamic University Malaysia, 2024) Zubair, Aishat Abdul-Qadir
Intergenerational transfer in English Common Law focuses on the concept of individual autonomy and the right to dispose of one's property as desired, with considerations for family provisions and legal obligations to prevent unjust outcomes or disinheritance. Shariah's approach to intergenerational transfer is rooted in principles of fairness and social justice, aiming to maintain family ties and economic balance among heirs. While the shares are predetermined, they vary depending on the relationship of the heir to the deceased. This paper aims to conduct a comparative analysis of the intergenerational transfer of digital assets under English Common law and Shari‘ah. Even though the data collection methodology employed was purely doctrinal, the functional method of legal comparison was used to analyse primary and secondary textual materials. The paper reveals that English Common law more than Islamic law faces challenges in adapting its legal frameworks to accommodate the unique nature of digital assets. The paper will, therefore avail scholars, particularly those involved in the distribution of an estate, the required knowledge on this class of asset and the rules to be followed in its transfer from generation to generation.
Legal Examination of Discrimination of Islamic Banks in Nigeria: Distinguishing Between Hearsay and Admissible Evidence
(Kampala International University Law Journal (KIULJ), 2024) Zubair, Aishat Abdul-Qadir; Muhamed, A. Y.
This research examines the allegation of discrimination against non-Muslims in the services of Islamic banks in Nigeria. The study aims to legally investigate and debunk claims that non-Muslims face discrimination when using Islamic banking services in Nigeria. The research adopts a cross-sectional survey approach involving questionnaires administered to 300 respondents who are customers of Islamic banks. The study finds that while a small percentage of respondents perceive some discrimination, a larger percentage are unsure or feel there is minimal discrimination. It highlights potential areas of discrimination such as dress codes, restrictions on unlawful businesses, and uneven scholarship distribution. However, it also reveals the presence of non-Muslim staff in Islamic banks. Generally, the research concludes that Islamic banks largely adhere to Shariah principles in delivering services to all customers, including non-Muslims. It recommends further enlightenment programs by Islamic banks to clarify misconceptions about discrimination and increase patronage across religious lines. The study contributes empirical evidence on a contentious issue and suggests ways to promote religious harmony through inclusive financial services.
Paradigm Shift in the Management of Islamic Finance Disputes in Nigeria Amidst Covid-19 Pandemic
(Faculty of Law, Obafemi Awolowo University, 2021) Zubair, Aishat Abdul-Qadir; Kudirat Magaji Wopa-Owolabi
The paper reviews the effectiveness of the court system as a dispute resolution mechanism in the Islamic finance industry in Nigeria amidst the current global health challenge that has ushered in a new reality to almost every aspect of human lives. While relying on both quantitative and qualitative analysis to identify the role of the market players in the Islamic finance industry in Nigeria in cushioning the effects of the pandemic on the industry, this study finds that with the social distancing rule in place, market players would be willing to adopt new methods of resolving their dispute asides the existing conventional modes. The paper further finds that COVID-19 has caused many essential activities to be shifted online with the aid of Information Communication Technology (ICT) and the resolution of Islamic finance disputes cannot be an exception. The paper concludes that there is a need for online Dispute Resolution (ODR) as well as e-court sessions in resolving disputes emanating from Islamic finance transactions especially amidst this pandemic.
Role of Islamic Law in the Efficient Management of Debt in Nigeria
(Jurnal Hukum Novelty, 2023) Zubair, Aishat Abdul-Qadir; Muhammed-Mikaaeel, Ahmed Abiodun
Introduction to The Problem: Nigeria's Q4 2021 Real GDP reached N20.33 trillion, with a 3.98% YoY growth, marking the fifth consecutive quarter of positive growth post-2020 recession. Despite this, the economy is deemed in crisis. Concerningly, the government is accumulating more debt to service existing obligations, posing sustainability issues and conflicting with Shari’ah wealth management principles. Purpose: This study aims to analyze the impact of Islamic law on effective debt management in Nigeria, specifically addressing the consequences of economic crises that result in substantial national borrowing. Additionally, it aims to highlight Sharia jurisprudence as a viable solution to alleviate Nigeria's economic challenges. Design/Methodology/Approach: The Methodology employed in this study is purely doctrinal method of legal research. Hence, the study places reliance principally on the available literature by which the study explores relevant materials such as text books, journals and internet facilities. Importantly, the study finds most useful the primary sources of Shari’ah which are the Qur’an and Sunnah as well as the secondary sources which include Qiyas and Ijma’. Findings: The study finds that the economic crisis which Nigeria has found itself as a result of the multiplier effect of excessive public borrowing cannot be divorced from the adoption of the conventional economic system. The result reveals further that Islamic law plays significant roles in the efficient management of debt as was confirmed in the Malaysian Shari’ah compliant public debt management practices. The study proposes, by way of recommendation, the practice of Islamic Wealth Management to cushion the effect of the deficit budgets and the onerous debts on Nigeria and increase investment activities with a view to impacting positively on the country’s GDP. The study is therefore most relevant to the policymakers in the Ministry of Finance, Debt Management Office, as well as the Lawmakers in the country
Securitisation of Sovereign Assets for Sukuk in Nigeria
(Legal Transformation in Muslim Societies, 2024) Zubair, Aishat Abdul-Qadir
According to the Nigerian Debt Management Office (DMO), the volume of Nigeria’s sovereign Sukuk, an Islamic instrument for funding infrastructure projects, reached over 600 billion Naira realised from five issuances between 2017 and 2022. Despite the success recorded in the issuance and the increasing interest by investors globally in the Nigerian Islamic Capital Market, the securitisation of sovereign assets for the issuance of Sukuk remains controversial due to various Shari’ah issues identified with the process. This article reviews the existing literature on the securitisation of sovereign assets for Sukuk in Nigeria. By synthesising a wide range of scholarly works, policy documents, and empirical studies, the literature review undertaken in this article aims to elucidate the key factors, challenges, and implications associated with the approach to securitisation. The review reveals that while securitisation of sovereign assets can offer benefits such as diversification of funding sources, unlocking dormant assets, and attracting foreign investment, it also presents challenges such as ownership complexities, potential loss of control over assets, and market volatility. The analysis presented in this article contributes to a deeper understanding of the securitisation of sovereign assets for Sukuk issuance in Nigeria. As Nigeria seeks to sustainably meet its funding requirements and align with Islamic finance principles, the insights presented in this article serve as a valuable guide for informed decision-making in the realm of sovereign asset-backed Sukuk issuance
SHARIAH SCREENING OF COMPANIES IN NIGERIA: LESSONS FROM OTHER JURISDICTIONS
(FACULTY OF LAW, USMAN DAN FODIYO UNIVERSITY, 2022) Zubair, Aishat Abdul-Qadir
The absence of Shari’ah screening methodology for companies in Nigeria has further engineered the uncertainty surrounding the acceptability of investing in certain companies by Islamic Ethical investors. This is due to the nature of the business activities carried out by these companies. Leveraging on the existing shariah screening indices in other jurisdictions, this paper recommends criteria that can be used to screen shariah compliant status of companies. These indices have tried to ensure that there are shariah benchmarks to be determined before investing in companies carrying out mixed business activities. There have been numerous studies on the need to adopt certain screening methodologies as well as call for new methods in screening companies for shariah compliance to suit the investment needs of Muslims in other jurisdictions. It is however unclear how suitable these methodologies will be to Nigeria. This paper, therefore, seeks to address this gap to consider an appropriate screening methodology to be employed in Nigeria drawing from the experience of other jurisdictions. This study employs a triangulation of both quantitative and qualitative methods to analyse the need for Shari’ah screening of companies in Nigeria. The qualitative method is used by way of ijtihad through the application of principles of maqasid al-shari’ah and qawaid al-Fiqhiyyah to analyse the activities of companies to ensure that they are Shari’ah compliant. In addition, using the quantitative data gathered from the interview survey, the perspective of the investors about the need for Shari’ah screening of companies in Nigeria is further analysed. The result of the study shows that there is a lack of awareness from the Muslim population in Nigeria on the need for Shari’ah screening of companies in Nigeria. The result further shows that there is the need to take into cognizance the peculiar nature of business activities in Nigeria before any particular Shari’ah screening methodology and necessary benchmarks will be adopted. The study concludes that there is a need to ensure that the Muslims in Nigeria screen companies for Shari’ah compliance so that they can easily identify shariah compliant companies for investment purposes. The paper, therefore, recommends that business regulators in Nigeria need to come up with a screening methodology that will suit the peculiar nature of companies in Nigeria. The study thus has direct implications on the investment regulatory bodies in Nigeria such as the Securities and Exchange Commission (SEC), Central Bank of Nigeria (CBN) as well as the investor Muslims.
Structuring Sukuk within the Shari’ah Framework for the Nigerian Islamic Capital Market
(OAULJ, 2025) Zubair, Aishat Abdul-Qadir
Sukuk, as an Islamic financial instrument, has gained significant prominence in the global financial landscape as a viable alternative to conventional bonds. This paper delves into the critical aspect of structuring Sukuk within the Shari’ah framework, exploring the principles and methodologies that underpin their development and issuance. Sukuk, in essence, represent the intersection of Islamic finance and Shari’ah, embodying principles of ethical finance, risk-sharing, and asset backing. The primary objective of this paper is to provide a comprehensive understanding of the Shari’ah-compliant structuring mechanisms and considerations that guide Sukuk issuance. In doing so, the paper highlights the importance of transparency and compliance with Islamic jurisprudence in Sukuk structuring. Furthermore, the paper examines the various Sukuk structures that have emerged over the years, such as Sukuk al-Ijarah, Sukuk al-istisna and others. It also discusses the challenges and complexities associated with Sukuk issuance, most importantly as it relates to its Asset-Based and Asset-Backed classification. The research draws on an extensive review of literature, regulatory guidelines, and case studies to illustrate the practical application of Shari’ah principles in structuring Sukuk. It also examines the evolving landscape of Sukuk markets worldwide, as well as their role in infrastructure development, corporate financing, and sovereign fundraising. This paper emphasizes the pivotal role of Shari’ah compliance in Sukuk structuring, highlighting the need for a harmonious balance between financial innovation and adherence to Islamic ethics. It contributes to the growing body of knowledge in Islamic finance by providing a comprehensive guide for practitioners, scholars, and policymakers involved in the Sukuk market, ultimately fostering the sustainable growth of ethical finance within the global financial system
The Implication of the Concept of Legal and Beneficial Ownership in Sukuk Structures under the Nigerian Tax Regime
(Electronicpublications.org Ltd, 2022) Zubair, Aishat Abdul-Qadir; Sa'adu, Hafsat Iyabo
This article investigates the meaning of the concept of ownership as obtained under the common law and Shari’ah (Islamic law) as well as the implication in Sukuk (Islamic bonds) structures under the Nigerian tax regime. In doing this, the article analyses the concept of both legal and beneficial ownership under the common and Islamic law. This article examines the two forms of ownership under common law, i.e., legal and beneficial, and argues that there is controversy as to the need for such distinction for the concept of ownership under Islamic law. The article concludes that for a proper structuring of sovereign Sukuk in any jurisdiction, Nigeria inclusive, there is the need to first address the meaning of the concept of ownership under Islamic law. The article further concludes that the present tax regime in Nigeria needs to be amended to accommodate the uniqueness of Sukuk structures. The article, therefore, recommends that Sukuk structures should accord Sukuk holders with absolute ownership (malik tamm) and the various tax laws in Nigeria be amended to suit Islamic finance products.
The Relationship Between Human Rights Protection And Democratic Consolidation In Nigeria: A Legal Perspective
(Nigerian Association Of Law Teachers, 2024) Zubair, Aishat Abdul-Qadir; YDU Hambali; Ahmed Olatuji Isau; Abdulfatai Abdulkareem
Democracy is regarded as the universal benchmark for the protection of human rights. Nigeria has been under its longest democratic rule since independence during which the country has undergone significant political transformations. However, despite the seeming democratic consolidation. Nigeria is faced with many challenges especially that of human rights violations. This study explores the relationship between human rights protection and democratic consolidation in Nigeria. The paper attempts to analyse the connections between human rights protection and the stability of Nigeria's democracy. The paper also examines the current situation of human rights protection in the country and democratic consolidation in Nigeria. Using qualitative research methodology, the paper argues that effective human rights protection is both a prerequisite and a consequence of democratic consolidation. The findings reveal that while Nigeria has made notable strides in establishing democratic institutions, persistent human rights abuses, such as police brutality, political repression, and restrictions on freedom of expression, continue to undermine the credibility of its democratic processes. it concludes that for Nigeria's democracy to be fully consolidated, there must be a stronger commitment to human rights, values, accountability, and an inclusive political environment. This research contributes to the broader discourse on democracy and human rights by providing insights into the Nigerian experience and offering legal and policy recommendations to strengthen the nexus between human rights protection and democratic consolidation.
The Role of Comparative Legal Research in The Development of Law
(Basic and Applied Sciences, Australia., 2014) Zubair, Aishat Abdul-Qadir
Background: Comparative legal research is a field of law that has been abandoned over the decades for its lack of popularity as a concept due to the many controversies and criticisms surrounding it. It is a field of study that is only recently gaining footing in the legal profession with its recent resurgence and awakening of legal scholars and student to the fact that it may have some importance after all. Objective: This article therefore aims to show how comparative legal research has influenced the development of law from time immemorial to the present time and see how it will continue to do so in the future despite the pitiable situation it is in presently. It is also the aim of this article to show the efforts made by comparatists in making sure that laws are in conformity with the advancement in development around the globe by its main function of law reform especially in this era of globalization. The article, while concentrating on the impact comparative legal research has had on the development of law with special reference to law reforms in some modern nations, also analysis the manners in which comparative legal research has been used to solve some international dispute on commercial law when they arise. Results: The result of this research shows amongst others: that one of the aims of comparative legal research is to find solutions to a specific problem in a legal system by comparing with other legal systems having a similar problem or condition; that the methods used in comparative legal research are not original to the discipline and there is no one single method generally accepted by all comparatists; and that the concept of comparative legal research helps the law makers in solving quite a number of problems faced in the process of law making.. Conclusion: The article concludes that legislation and law reform are the main purpose of comparative legal research.

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