Scholarly Publication

Permanent URI for this collection

https://kwasuspace.kwasu.edu.ng/handle/123456789/126

Browse

Now showing 1 - 20 of 61

The Proscription of Incorporated Law Practices (ILPs) in Nigeria: The Legal and Constitutional Issues Arising
(CHOTANAGPUR LAW COLLEGE, NAMKUM, RANCHI RANCHI UNIVERSITY, RANCHI, JHARKHAND, INDIA, 2012) Ishola, Abdullahi Saliu
This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or more persons to form and incorporate a company; on the other hand. The illegality is also appraised from the purview that, the Rules is a mere subsidiary legislation which cannot override the Constitution as the supreme law of the land and CAMA as a substantive enabling Act. On another angle, following a consideration of the significant purpose of protective measure which the provision of the Rules sets out to achieve for law practice in the country, the paper concludes by suggesting the better way the Rules could enact the regulation without falling into the trap of illegality.
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.
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.
Conventional Bank Interest and the Murabahah (cost-plus-profit) Contract in Islamic Finance: Two Sides of a Coin or two Coins of Different Sides?
(Journal of Islamic Banking and Finance, 2015-04) Ishola, Abdullahi Saliu; Solahudeen, Isa Olawale
The emergence of the Islamic banking system led to the introduction of some financial transactions which were not hitherto considered in the classical books on Islamic financial system. Murabahah is one of such innovations. Like most of those newly introduced products of the Islamic Financial System or Arrangement (IFS or IFA), otherwise referred to as Products of Islamic Banking (PIB) or Products of Islamic Finance (PIF), arguments have been canvassed for and against the legality of Murabahah under Islamic Financial Principles (IFP). Of all the criticism against its operation, the most pronounced deprecation against it posits that, Murabahah is too close to interest transaction in the conventional banks, and cannot therefore be legally allowed in IFS. This paper examines the criticism and posits whether the criticism is tenable or not on the scale of the Islamic Law and given the financial market challenges facing the contemporary Muslim world.
Insurable Interest in Takaful: A Theoretical Contrivance for Islamic Insurers
(International Journal of Economics and Financial Issues, 2016) Abdul Azeez, Yusuf; Ishola, Abdullahi Saliu
The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also one of the important Islamic financial instruments and a strong tool for managing individual risks and business overturns. In terms of operational models, it shares some business setups with Islamic banking, and in a way, it is regarded as “a modern technical approach to Islamic banking operation,” for it evolved, like Islamic banking, from the determination of Muslims to revive the Islamic way of life, particularly in the reorganization of finance and economy; an exertion often described as a very difficult jihad: Building a financial system where interest does not exist. Accordingly, this research attempts to propound some theories for assessment of insurable interest in Islamic insurance (Takaful). The theories, as analyzed are intended to serve as working tools for the present and future Islamic insurers, without limitation to differences in place and space. In doing this, the work is divided into five parts. The first part introduces the study while terminology clarification is undertaking in the second part. The third part examines the legal basis for the insurable interest in Takaful, while the conceptual precepts for the development and application of the theories are taken up in the fourth part with certain relevant study inferences forming the concluding part.
Viability of Cash Waqf Models Under the Nigerian Law: An Appraisal
(Journal of Islamic Law Review, 2016-01) Ishola, Abdullahi Saliu; Syed Abdul Kader, Sharifah Zubaidah; Ansari, Abdul Hazeeb
Cash awqaf (plural of waqf ) have been a well-recognised tool for social development of Muslims in various countries wherever they are being practiced. It is governed by set of Islamic principles pertaining to awqaf converted by some countries into legislation. In those countries, they have proven to be one of the tools for social welfare and alleviation and ultimate eradication of poverty, based on the will of the waqeefs. In order to serve the purpose of their creation, it is better if the waqf money is allowed to be invested in the interest of the beneficiaries and growth of the awqaf. There are a number of legal issues pertaining to administration of cash waqf, which are yet to be addressed. The existing literatures on cash waqf also do not have definite answers to them. In Nigeria, cash waqf is not well in practice. Because of this reason, there is lack of a legal framework on it. The paper reviewed the existing literatures on cash waqf, but they are not dealing with it in the context of Nigeria. The paper presents an appraisal of the papers reviewed.
JURISTIC STUDY ON CONDITIONALITY OF AL-MAḤRĀM FOR NIGERIAN FEMALE ḤAJJ (PILGRIM): IMPLICATIONS AND SOLUTIONS
(Jurnal Syariah, Jil. 25, Bil. 2 (2017) 289-312, 2017) AbdulWahab Mhammad Jamiu ELESIN
The requirement for a female Muslim to have a maḥrām when traveling is not peculiar to hajj and ʻumrah alone. However, in the contemporary period, the Kingdom of Saudi Arabia has become very strict on such a condition, especially on ʻumrah and hajj. The legal implication of this system is that a female Muslim may not participate in hajj or ʻumrah if her maḥrām cannot perform hajj or ʻumrah with her for various reasons. However, this study reveals that the result of such a strict condition has led operators of the hajj and ʻumrah to falsify data by applying for their visa through another male pilgrim who is not their legal maḥrām. Eventually, such intending female pilgrims end up performing the hajj or ʻumrah with a group of trustworthy women or men, as has been rightly supported by a reasonable numbers of independent jurists. It is worthy of note that this practice of accompany with a maḥrām for a travelling female Muslim originates from the statement of the Messenger of Allāh (SAW) due to the prevailing circumstances of the ummah at his time. The practice of his noble companions after him support this understanding. This paper analyzes the legal precedent and reasoning behind this condition and offers reasonable, practical and meaningful solutions.
A Judicial Misconcpetion of Mosque Dispute in a Common Law Jurisdiction: The Supreme Court's Declaration of High Court's Jurisdiction in Imamship Dispute in Nigeria
(Miyyeti Research and Publications, 2017-03) Syed Abdulkader, Sharifah Zubaida; Ishola, Abdullahi Saliu
The Supreme Court of Nigeria declares jurisdiction for the State High Court in Imamaship Disputes on the ground that such disputes does not fall within the purview of Islamic Personal Law matters as spelt out in the 1999 Constitution of the Federal Republic of Nigeria. Whereas waqf is listed as an Islamic law personal law matter and Mosque is by law considered a waqf. This implies that Imamahsip dispute is a waqf management dispute. Therefore, the State High Court ought not to have jurisdiction. This paper examines the decision of the Supreme Court in the case of Abdulasalam v. Salawu whereas the erroneous decision as reached.
Muslim Estate and Probate Practice in Kwara State: A Review of Adua-Tayo Hassan v. Probate Registrar's Case
(Al-Hikmah University Journal of Public and Internatonal Law, 2017-07) Ishola, Abdullahi Saliu; Solahudeen, Isa Olawale
This paper undertakes a reportage review of the recent development in the issuance of letters of administration and involvement of the Probate Registry of the High Court of Kwara State of Nigeria in the Estates of deceased Muslims. Prior to the development, the Registry had engaged in the issuance of letters of administration on Muslim Estates. Besides, for such letters of administration to be issued, either on Muslim Estates or others, the Applicant would be charged 10% of the worth-net of the property in question. These two acts of the Registry were challenged in a recent case leading to the declarations of both acts as illegal. The new legal regime in the probate practice in the State ushered in by the judicial declarations made on the issue forms the fulcrum of examination in this study.
Intellectual Property Rights for Innovations on the Internet: The Islamic Law Requisites
(Brill, 2018) Ishola, Abdullahi Saliu; Solahudeen, Olawale Isa; Akangbe, Ibrahim
Intellectual property (IP) protection has attracted diverse views among Islamic law researchers, leading to its eventual acceptance on the premise of indirect legal authority by most Muslim scholars. This paper explores the preconditions that any innovation on the internet must meet to enjoy IP protection under Islamic law. It provides working tools for Muslims on the principles to be observed in seeking IP protection for any of their innovations. It also urges governments of Muslim countries which have hitherto refused to accord legal protection to IP on religious grounds to change their position.
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
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.
CORPORATE GOVERNANCE AND PRACTICE IN NIGERIA: EXPLORING ITS TRICKY AND PROGNOSES
(Faculty of Law, Nnamdi Azikwa University., 2019-12-31) Ahmed A. Muhammed-Mikaaeel; Abdulrazaq O. Abdulkadir; Fatimah F. Abdulrazaq
The major reason why most business tycoons decided to incorporate companies in Nigeria is the desire to make profits as well as the immediate and long term benefits of incorporation guaranteed by the law. To ultimately achieve this purpose, the law also designs the way and manner incorporated companies should be governed. In order to achieve the overall objectives of incorporation, strict adherence to effective corporate governance framework by human organs becomes indispensable. As observed in Nigeria, a number of companies had gone into their early graves as a result of improper handling by the human organs managing their affairs. Hence, this study, which is essentially literature based with particular emphasis on the relevant provisions of the Companies and Allies Matters Act, 1990, investigates reasons for corporate governance and corporate governance failure in Nigeria with its consequent negative effects. The research focuses on the human organs responsible for day-to-day activities of the companyy. The paper argues that human organs of the company are the architects of corporate governance failure in Nigeria. It recommends strict enforcement paradigm for preserving and sustaining the integrity of the corporate governance 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.
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
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.
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.
Nexus between education and ethics: Islamic law perspective
(Al-Hikmah University, Islamic Law Department, Ilorin, Nigeria, 2020-09-15) Ahmed Abiodun Muhammed-Mikaaeel
Year-in-year-out, scholars are being produced from Nigerian Tertiary Institutions. These scholars are well equipped with adequate knowledge. Our decadent environment has revealed that most of our scholars explore their acquired knowledge with no regards to ethics as if ethics is dispensable. This call for great concern. This paper, in addressing the issue, relied principally on doctrinal method. The paper examined the nexus between education and ethics from Islamic law perspective. The paper contends that education and ethics are inseparable both in theory and practice. The paper suggests, amongst others, that the Nigerian Tertiary Institutions should revisit the inculcation of ethics in their various curriculum.
Emergence of Usulul Fiqh under Shari'ah: From Developmental to Standardization Stage
(Islamic Law Department, Usmanu Dan Fodiyo University, Sokoto, Nigeria, 2020-09-25) Ahmed A. Muhammed-Mikaaeel
Shari’ah is a Divine Law of Allah (SWT) with universal application across the globe. It is established to shape the lives of all Muslims. Its primary sources, which are Qur’an and Sunnah, are unchangeable. Nevertheless, the rules of Shari’ah are dynamic to emerging issues in the Islamic world. This is evident in the introduction of contemporary Islamic financial practices such as Islamic Banking, Islamic Capital Market and Takaful (Islamic Insurance), amongst others. Rules of Shari’ah are made dynamic to emerging contemporary issues through the instrumentality of Usulul Fiqh. To this end, this article, relying on doctrinal method of research, examines the emergence of Usulul Fiqh from developmental to the standardization stage. Thus, the article examines the Development, Systematization, Documentation and Standardization of Usulul Fiqh. The article reveals that the foundation of Usulul Fiqh was laid at the periods of Prophet Muhammad (PBUH) and the Rightly Guided Caliphs. The article contends that the systematization of Usulul Fiqh was achieved during the period of Tabi’uun. The article contends further that the documentation of Usulul Fuqh came to fore at post Tabi’uun’s Era when Imam Shafi’i made a breakthrough of documentation of Usulul Fiqh through his book, Ar-Risalah (the Message). The article finally contends that the ultimate emergence of the two major approaches to Usulul Fiqh, viz: Theologians and Jurists methods, brought the standardization of Usulul Fiqh to the lime light. The paper recommends that intending scholars of Shari’ah should acquaint themselves with the history of Usulul Fiqh for better understanding.
Emergence of Usulul Fiqh under Shari'ah: From Developmental to Standardization Stage
(Department of Islamic Law, Usmanu Dan Fodiyo University, Sokoto, Nigeria, 2020-11-30) Ahmed A. Muhammed-Mikaaeel
Shari’ah is a Divine Law of Allah (SWT) with universal application across the globe. It is established to shape the lives of all Muslims. Its primary sources, which are Qur’an and Sunnah, are unchangeable. Nevertheless, the rules of Shari’ah are dynamic to emerging issues in the Islamic world. This is evident in the introduction of contemporary Islamic financial practices such as Islamic Banking, Islamic Capital Market and Takaful (Islamic Insurance), amongst others. Rules of Shari’ah are made dynamic to emerging contemporary issues through the instrumentality of Usulul Fiqh. To this end, this article, relying on doctrinal method of research, examines the emergence of Usulul Fiqh from developmental to the standardization stage. Thus, the article examines the Development, Systematization, Documentation and Standardization of Usulul Fiqh. The article reveals that the foundation of Usulul Fiqh was laid at the periods of Prophet Muhammad (PBUH) and the Rightly Guided Caliphs. The article contends that the systematization of Usulul Fiqh was achieved during the period of Tabi’uun. The article contends further that the documentation of Usulul Fuqh came to fore at post Tabi’uun’s Era when Imam Shafi’i made a breakthrough of documentation of Usulul Fiqh through his book, Ar-Risalah (the Message). The article finally contends that the ultimate emergence of the two major approaches to Usulul Fiqh, viz: Theologians and Jurists methods, brought the standardization of Usulul Fiqh to the lime light. The paper recommends that intending scholars of Shari’ah should acquaint themselves with the history of Usulul Fiqh for better understanding.

Browse

Browsing Scholarly Publication by Issue Date

Results Per Page

Sort Options