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    Justifying the permissibility of modern family planning for Muslim patients: A jurisprudential analysis
    (Faculty of Law, International University Sarajevo, 2025-12-30) Ahmed Abiodun Muhammed-Mikaaeel; Halimat Tope Akaje; Eletu Khairat; Hassan Shehu Kazeem
    Wrong misconception regarding permissibility of the modern contraception for Muslim patients is common in Muslim societies. This resulted into negative perception to the modern family planning practice by contraception. This is further aggravated by divergent opinions of scholars breeding controversy on this subject. This prompts this study to embark on the justification of the permissibility of the modern contraception for Muslim patients via jurisprudential analysis. The study adopts doctrinal method to analyse various provisions of the Qur’an and Sunnah as well as juristic opinion about contraception under Islamic law. The study asserts that the practice of family planning is age-long, pre-dating Islamic era. It contends that Islamic legislation does not condemn the contraceptive practices but modified it. The study finds that the issue of contraception split scholars of Islamic jurisprudence into two: the antagonists and the protagonists. The study finds that both sides of the antagonists and the protagonists relied on the provisions from the sources of law to strengthening their arguments. The study finds that the position of the protagonists of the contraceptive method of family planning is in line with the objectives of Islamic law. The study finds that there is justification for the permissibility of the modern contraception for Muslim patients in line with maqasid Shari‘ah. The study recommends that Muslim patients have the duty to ascertain which type of contraceptive method is safe and devoid of risk from the medical experts while exercising their rights to contraception.
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    X-RAYING THE RIGHTS OF AN UNBORN CHILD UNDER THE ENGLISH COMMON LAW: THE NIGERIA EXPERIENCE
    (Department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, 2025-12-30) Khairat Eletu; Ahmed Abiodun Muhammed-Mikaaeel; Halimat Tope Akaje
    Major focus in the global discourse of rights have been on human rights. This presupposes the rights of persons who have been born alive. Little attention is paid to the rights of the unborn child under the common law jurisprudence. Hence, this paper is poised into making an enquiry into the rights of an unborn child under the English common law. In doing so, the study adopts the doctrinal method of legal research. The paper finds that there appears no consensus among scholars on when human life begins, while some opine that it is at birth, quickening is said to mark the beginning of life by some; the pro-life advocates opine that conception is the beginning of human life. The paper finds further that the underlying principle as regards the unborn child in Common law jurisdictions is the ‘born alive rule’ with an exception found in the American experience of the rule. The paper finds also that Nigerian constitutional provisions on the protection of human life vis-à-vis appropriate sanctions for violation are by extension applicable to an unborn child. The paper concludes that such rights can be overridden in the interest of the mother. The paper recommends legal jurisprudence expansion to harmonize various issues relating to the rights of an unborn child under the law.
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    Analysing x-ray and radiation risk exposure under Shari'ah patients' healthcare
    (Kwara State University Department of Business and Private Law, 2025-12-16) Abdulfatah Abdur-Rahman Jimba; Ahmed Abiodun Muhammed-Mikaaeel
    X ray imaging holds an indispensable role in modern medical diagnostics, yet its utilization raises significant ethical and safety consideration especially in aspect of radiation exposure. Hence, this paper analyses x-ray and radiation exposure under Shari’ah patient healthcare by drawing on classical Islamic legal maxims such as necessity (darurah) and the imperative to prevent harm (dafʿ al-darar). The study examines the traditional fiqh and how the overarching objectives of Maqasid al-Shari‘ah can ethically accommodate the use of x rays in medicine. The analysis balances the life-saving diagnostic benefits against the potential risks of radiation, thereby illustrating the flexibility and adaptability of Islamic jurisprudence to modern technological challenges. Adopting a multidisciplinary approach, the paper reviews classical Islamic texts alongside current radiological standards and clinical research. It explores the conditions under which x ray examinations are deemed permissible when conducted in adherence to stringent safety protocols aimed at minimizing risk. Through evaluation of contemporary fatwas and case studies, the paper demonstrates how informed ijtihad fosters an interpretative framework that not only mitigates potential harm but also promotes patient welfare within an Islamic ethical context. Ultimately, the study provides clear guidelines for both religious scholars and medical practitioners, advocating for a dynamic dialogue that ensures medical innovations remain aligned with the fundamental values of preserving life and well-being. The paper found that despite the existence of the contemporary challenges, the flexibility of Shariah rules makes room for permissibility of x-ray under necessity doctrine and prevention of harm hinged on life-saving objective. The paper recommends clinical best practices, virile institutional framework, fatwa-based enquiry, amongst other.
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    Legal analysis of the constitutionality of declaring a state governor incapacitated in office
    (Faculty of Law, Imo State University, 2026-12-01) Francis Ikebundu Ekene; Ahmed Abiodun Muhammed-Mikaaeel
    The issue of gubernatorial incapacitation in Nigeria presents a complex dilemma, balancing the public interest in continuity of governance with the individual rights of the Governor. This paper examines the existing legal framework outlined in the Nigerian Constitution, analyzing its strengths and weaknesses. The paper employs purely doctrinal methodology in analyzing the constitutionality of declaring state governor incapacitated in office and its source from the Nigerian Constitution. Through arguments for and against its constitutionality, the paper exposes potential vulnerabilities to political manipulation and inadequate safeguards for individual rights. Drawing comparative insights from other jurisdictions like the United States and Kenya, the paper proposes actionable reforms to strengthen the Nigerian system. These include a clearer definition of "incapacity," an independent medical panel, expanded judicial review, and provisions for temporary incapacitation. By implementing these recommendations, Nigeria can strive towards a more robust and transparent system that upholds both public interest and individual rights, ultimately strengthening Nigeria's democratic fabric and serving as a model for other nations facing similar challenges
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    The protection and enforcement regime of the rights of the internally displaced persons: an assessment of the Council of Europe's approach
    (Coventry University, UK, 2025-10-02) Ahmed A. Muhammed-Mikaaeel; Francis Ekene IKEBUNDU
    The article carefully assesses the Council of Europe's approach for the protection and enforcement of the rights of the internally displaced persons. The article examined the salient provisions in drawing lessons for other countries