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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 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
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 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.
Analysis of Misconception of Nature of Dissolution of Nikāḥ at the Instance of Wife under Islamic Family Law
(Kwasu Law Journal (KWASULJ), 2021) AbdulWahab Mhammad Jamiu ELESIN
Apart from death, wedlock (nikāḥ) may come to an end through separation which also takes different methods under Islamic family law such as separation by way of consent between the parties (khulʻu) otherwise known as “dissolution of marriage at instance of the wife”. However, reading through some court decisions, it is observed that true nature of khulʻu is misconceived. Identifying nature of khulʻu therefore becomes significantly momentous as it guides the courts, legal practitioners, lecturers, students of law as well as other stakeholders in drawing legal opinion or decision. The paper reviewed opinions of major schools of fiqh as well as judicial decisions on the subject matter of study. The research consulted Qur’ān, Sunnah, fiqh manuals, tafsīr books and academic literature. Research findings revealed that, confusion within Muslims occurs in the mix-up of true nature of khulʻu. The recommended that experts in Islamic family law review opinions of the jurists on the subject
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.
Application of Corporate Personality Doctrine under the Nigerian Corporate Law and Shari'ah
(Lloyd Law College, India, 2022-12-31) Ahmed A. Muhammed-Mikaaeel
Corporate personality doctrine has come to protect business enterprises from associated risks in the course of business transactions. The beneficiaries of the corporate personality doctrine are the corporate managers because of the statutory protection they enjoy under the Nigerian corporate law. The statutory protection is being used as catalyst to perpetuate corporate governance failure. With the recognition of artificial personality (Shakhsiyyah ‘Itibaariyyah) in Islamic jurisprudence vide the position of certain schools of jurisprudence, there is need to examine whether such statutory protection is affirmed as well. This paper therefore examines the application of corporate personality doctrine under the Nigerian corporate law and Shari’ah. This paper adopts doctrinal method of legal research vide reliance on the primary and secondary sources like Qur’an and hadith, Qiyas, the Nigerian Constitution, Company and Allied Matters Act, text books, journals and internet facilities. The paper reveals that the implications of corporate personality doctrine under the Nigerian Corporate Law and Shari’ah are not on all fours. It further reveals that the existing legal framework in the country favours the application of the corporate personality doctrine under the Nigerian Corporate Law but hinders the actual practicability of Shari’ah rules to corporate personality doctrine. The paper concludes that to fully activate the provision of Section 38 of the Constitution in favour of Shari’ah, there is need for amendment of the existing framework to make way for Shari’ah modification in dealing with the corporate activities by Muslim corporate managers as a form of contribution to fight against corporate governance failure in the country.
Application of Corporate Personality Doctrine under the Nigerian Corporate Law and Shari'ah
(Lloyd Law College, India, 2022-09-30) Ahmed A. Muhammed-Mikaaeel
Corporate personality doctrine has come to protect business enterprises from associated risks in the course of business transactions. The beneficiaries of the corporate personality doctrine are the corporate managers because of the statutory protection they enjoy under the Nigerian corporate law. The statutory protection is being used as catalyst to perpetuate corporate governance failure. With the recognition of artificial personality (Shakhsiyyah ‘Itibaariyyah) in Islamic jurisprudence vide the position of certain schools of jurisprudence, there is need to examine whether such statutory protection is affirmed as well. This paper therefore examines the application of corporate personality doctrine under the Nigerian corporate law and Shari’ah. This paper adopts doctrinal method of legal research vide reliance on the primary and secondary sources like Qur’an and hadith, Qiyas, the Nigerian Constitution, Company and Allied Matters Act, text books, journals and internet facilities. The paper reveals that the implications of corporate personality doctrine under the Nigerian Corporate Law and Shari’ah are not on all fours. It further reveals that the existing legal framework in the country favours the application of the corporate personality doctrine under the Nigerian Corporate Law but hinders the actual practicability of Shari’ah rules to corporate personality doctrine. The paper concludes that to fully activate the provision of Section 38 of the Constitution in favour of Shari’ah, there is need for amendment of the existing framework to make way for Shari’ah modification in dealing with the corporate activities by Muslim corporate managers as a form of contribution to fight against corporate governance failure in the country.

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