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A Combating Irhab (Terrorism) Vide Afwu (Amnesty Grant) under Shari’ah: A Systematic Comparison with Nigerian Legal Regime
(College of Law, Fountain University, Osogbo, 2025-02-03) Abdulrazaak O. Zakariya
Abstract Terrorism has been a cankerworm inflicting pain on all and sundry across the universe. The innocent civilians have been at the receiving end. The ugly situation is not an exception in Nigeria. The legal regime criminalises the act of terrorism and searches for permanent preventive measures which culminates in the amnesty grants to terrorists in the country. Despite several amnesty grants to the terrorists in the country, it has not led to prevention due to incessant unexpected attacks by the terrorists. This article looks beyond the Nigerian legal regime of amnesty grants and ventures into the position under Shari‘ah jurisprudence regarding combating terrorism vide amnesty grant with a systematic comparison with the Nigerian legal regime. The article purely adopts the doctrinal method of legal research and finds that the grant of amnesty to terrorists under Shari‘ah jurisprudence is conditioned upon genuine repentance on the part of the terrorists before their arrest and non-commission of murder during the previous act of terrorism which conditions are absent in the Nigerian legal regime. The study recommends the Shari‘ah jurisprudential conditional approach to the Nigerian government.
A Comparative Analysis of the Doctrine of Separation of Powers Under the 1999 Constitution and the Shariah Legal System
(Faculty of Law, Al-Hikmah University, Ilorin, 2015) IJAIYA NAJEEM ADEYEMI
A Comparative Analysis of the Doctrine of Superstition of Powers Under the 1999 Constitution and the Shariah Legal System
(Faculty of Law, Al-Hikmah University, Ilorin, 2015) IJAIYA NAJEEMDEEN ADEYEMI
A Diagnostic Appraisal of the Clogs in the Enforceability of Prisoners Rights under the Nigerian Law
(Department of Public Law, Faculty of Law, University of Jos, Jos, 2012) IJAIYA NAJEEMDEEN ADEYEMI
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.
A New Guide to the Principles and Practice of Mīrāth in Nigeria
(Centre for Islamic Heritage, Al-Hikmah University, Ilorin - Nigeria, 2022-04) Arikewuyo, Nafiu Ahmad; Ishola, Abdullahi Saliu; Waliyullahi a. Adeyemi
This book contains five chapters covering various subjects on on Shariah Practice, Principles of Islamic Inheritance, Practical aspects of Islamic Inheritance and case studies. The chapters are written by experienced scholars who are practitioners and specialists in the field.
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.
Administration of pension funds under Nigerian new contributory pension scheme: A review under Islamic Law
(Faculty of Law, Kwara State University, Malete., 2022-12-31) Onikosi Ahmeed Adedeji; Adekunle A . Aminu; Ahmed A. Muhammed-Mikaaeel
Search for financial security after active service years of employees in Nigeria gave birth to pension scheme regimes in Nigeria. The focus point of the new pension scheme is security of funds and reasonable investment for profitability. Lots of Muslim subscribers have been complaining against the present administration regime of their pension funds. Hence, this paper examines the administration of funds under the new contributory pension scheme from Islamic law perspective. The paper adopts doctrinal method of legal research. It was discovered that Shari’ah is very much interested in what happens to Muslim funds inclusive of the pension funds. The paper discovered further that the administration of pension funds in Nigeria is marred with gharar, riba and maisir and thus violates Shari’ah tenet. The paper discovered also that the present structure of pension scheme in Nigeria which lacks Shari’ah Advisory Board has been responsible for the continuous violation of Shari’ah tenet in the administration of pension funds. The paper thus principally recommends amendment of the extant pension regime to pave way for Shari’ah Advisory Board to guide on administration of pension funds.
Administration of pension funds under Nigerian new contributory pension scheme: A review under Islamic Law
(Faculty of Law, Kwara State University, Malete., 2022) Ahmed A. Muhammed-Mikaaeel; Ahmeed O. Onikosi; Adekunle A. Aminu
Search for financial security after active service years of employees in Nigeria gave birth to pension scheme regimes in Nigeria. The focus point of the new pension scheme is security of funds and reasonable investment for profitability. Lots of Muslim subscribers have been complaining against the present administration regime of their pension funds. Hence, this paper examines the administration of funds under the new contributory pension scheme from Islamic law perspective. The paper adopts doctrinal method of legal research. It was discovered that Shari’ah is very much interested in what happens to Muslim funds inclusive of the pension funds. The paper discovered further that the administration of pension funds in Nigeria is marred with gharar, riba and maisir and thus violates Shari’ah tenet. The paper discovered also that the present structure of pension scheme in Nigeria which lacks Shari’ah Advisory Board has been responsible for the continuous violation of Shari’ah tenet in the administration of pension funds. The paper thus principally recommends amendment of the extant pension regime to pave way for Shari’ah Advisory Board to guide on administration of pension funds
Admissibility of Circumstantial Evidence – A Perspective from the Conventional and Shariah Courts in Nigeria
(Malaysian Current Law Journal, Legal Network Series.1 LNS (A) VII. Available online at www.cljlaw.com/bulletin/?CLJBulletin;2018;4;b#LNSA., 2018) IJAIYA NAJEEMDEEN ADEYEMI
Alibi as a Defence in Criminal Liability
(Council of Legal Education Nigerian Law School, Abuj, 2001) IJAIYA NAJEEMDEEN ADEYEMI
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.
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.
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 analysis of Municipal and International Taxation of Nigeria Entertainers and Sports Men
(Faculty of Law. Edo University Iyamho. Edo State Nigeria., 2018) Adeshina E.A., Abifarin O.; Olatoke J.O and IJAIYA NAJEEMDEEN ADEYEMI
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.
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
An Appraisal: The Corroborative Evidence of An Accomplice
(Department of Pubic Law, University of Ilorin, Ilorin, 2001) IJAIYA NAJEEMDEEN ADEYEMI
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
An Examination of Legal Importance of Estate Distribution in Islam
(Department of Islamic Law, Faculty of Law, Al-Hikmah University, Ilorin, Kwara State, 2018-11-30) Abdulrazaak O. Zakariya
Abstract There was no even distribution of estate prior to the revelation of the Quranic injunctions on distribution of estate. The distribution of estate was more or less confined to male agnate relatives of the deceased. The estate owner was at liberty to will out his property anyhow and to anyone he so wishes before his death. Women’s right to inheritance were not recognized, in fact, they were part of the estate to be inherited. These were the prevalence practices throughout the world with little or no dichotomy. However, with the arrival of Islamic system of inheritance, Quranic injunctions introduced and recognized new set of heirs therefore; concentration of wealth in the hands of few individuals was abolished thereby ensuring the socio-economic welfare of the society at large based on blood relatives of the deceased, marriage affinities, slave-master relationship and the generality of Muslim Ummah through the public treasury. This paper, among others, briefly introduces basic and fundamental principle of Islamic law of inheritance, examines briefly, criticisms against estate distribution in Islam and lastly, discusses religio-legal importance of estate distribution in Islamic law.

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