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- ItemTHE CONCEPT OF EUTHANASIA AND THE PRINCIPLE OF MAQASIDU ASH-SHARIAH IN ISLAMIC LAW.(Al-Hikmah University, Ilorin, Kwara State, 2024-05-02) Abdulrazaak O. ZakariyaAbstract. The concept of euthanasia under Islamic law is a complex and nuanced issue that intersects with ethical, legal, and theological considerations. Life is a precious gift from Allah. no one can take it away except in extreme circumstances. Islamic jurisprudence generally prioritizes the sanctity of life and views it as a divine trust, making the deliberate ending of life a highly sensitive subject. This article explores the Islamic legal perspectives on euthanasia, emphasizing the prohibition of intentional life termination. The concept of euthanasia, when examined through the lens of Maqasidu Ash-Shariah, or the Objectives of Islamic Law, presents a multifaceted ethical and legal discourse. Maqasidu Ash-Shariah emphasizes the preservation of life, the alleviation of hardship, and the promotion of justice and human welfare. Euthanasia, as the intentional ending of a person's life, raises significant questions about its alignment with these overarching objectives. This article explores how the principles of Maqasidu Ash-Shariah intersect with the ethical considerations surrounding euthanasia. It investigates how the prohibition of euthanasia is justified by the imperative to protect life and maintain its sanctity, while also considering the potential conflicts with the principle of alleviating suffering. The discussion delves into the fundamental principles of Islamic ethics that underpin the prohibition, including the value of human life, the role of suffering, and the belief in divine wisdom and predestination. Additionally, the article examines contemporary debates and interpretations within the Muslim scholarly community regarding the application of traditional rulings to modern medical practices and dilemmas, highlighting the ongoing discourse on balancing compassion with adherence to religious principles.
- ItemCorporate Governace Legislations for Islamic Banks in Nigeria: A Review of Compliance with Islamic Principle(The Institute of Law, Nirma University, 2022-12-01) Abdulrazaak O. Zakariya; Ahmed Abiodun Muhammed-Mikaaeel &Legislation is the bedrock of every endeavour for better outcome. It gives enabling environment for certain systems, practices and procedures. In any complex system, legislation plays pivotal role to solidify it. Hence, it is not debatable that corporate banking governance requires effective legislation to thrive. As with Islamic corporate banking governance in Nigeria, experts have made several complaints regarding the unsuitability of the existing legislations from the perspective of Shari’ah tenets. This thus prompted this article to examine the corporate governance legislations for Islamic Banks in Nigeria by way of review with Islamic principles. The article adopts doctrinal method of legal research by relying on the relevant legislations for corporate governance of Islamic banks in Nigeria as well as the primary sources of law under Shari’ah to fathom the Islamic principles as they relate to Islamic corporate banking governance. The article finds that the existing legislations for the corporate banking governance of Islamic banks are best suitable for the conventional banks. The legislations failed to incorporate Islamic principles for proper corporate banking governance of Islamic banks. The article thus places the burden of ensuring amendment of the Companies and Allied Matters Act (CAMA), 2020 on the Central Bank of Nigeria being the apex and regulatory bank in the country as against the usual style of issuing mere guidelines for that purpose.
- ItemA 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. ZakariyaAbstract 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.
- ItemConceptual and Theoretical Approaches to the Muslim Patients' Rights under Shari'ah(2025-05-15) Ahmed Abiodun Muhammed-Mikaaeel; Abdul-Quadri Zubair; Abdulsalam Lukman OladeleObservance of the Muslim patients’ rights faced several challenges chiefly due to lack of official recognition amongst the medical practitioners and other healthcare providers. In addressing the challenges, the article adopts doctrinal methodology. The article, with the aid of the conceptual and theoretical approaches, shed light on the meaning and essence of the Muslim patients’ rights. The article examines the concepts of medical treatment, halal medical service, same-sex medical treatment and opposite-sex medical treatment regarding the Muslim patients’ rights. The article also examines the maqasid, sociological, utilitarian, client-centered therapy and divine command theories in relation to the Muslim patients’ rights. Through the conceptual and the theoretical approaches, the article orchestrates that the Muslim patients’ rights are genuine rights which the Muslim patients deserve because they are inseparable from their religious practices. The article recommends emulation of the 21st century all-inclusive medical law practice that gives room for the official recognition of the Muslim patients’ rights in the country.
- ItemInterrogating the Legislative Power of a State House of Assembly to enact arbitration law in Nigeria(Gambia Law Review available online at www.gambialawreview.gm, 2019) IJAIYA NAJEEMDEEN ADEYEMI