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- ItemAnalysing 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-MikaaeelX 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.
- ItemLegal 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-MikaaeelThe 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
- ItemThe 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 IKEBUNDUThe 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
- ItemA JURISPRUDENTIAL REVIEW OF THE CONTROVERSIES ON THE PUNISHMENT OF ADULTERY IN ISLAMIC CRIMINAL LAW.(Nnamdi Azikiwe University, Akwa, 2025-07-06) Abdulrazaak O. ZakariyaAdultery and fornication are both offences technically referred to as zina under the Islamic law. Adultery and fornication are also both prohibited in Shari’ah through use of the word zina (an Arabic term) in the text. However, it must be said that punishment attached to adultery by the Shari’ah is different from that of fornication. While the offence of adultery attracts rajm (stoning to death), the offence of fornication attracts whipping with 100 lashes and an exile for a year. Hence, this paper, through a doctrinal method looks into the offence of adultery vis-à-vis its concept, prohibition and its punishment under Islamic law, and the contradiction and confusion galore on the punishment of stoning to death by some contemporary scholars. The paper finds that the punishment the for offence of adultery is rajm (stoning to death), while that of fornication is whipping with 100 lashes and a year exile or imprisonment. Finally, recommendations are made generally to the Muslims Ummah and specifically to those saddled with the responsibility of manning the court where applicable
- ItemAPPRAISAL OF THE PARAMOUNT INTEREST OF A CHILD AS PRECURSOR TO GRANT OF CUSTODY (الحضانة) OF A CHILD UNDER SHARI'AH(DEPARTMENT OF JURISPRUDENCE AND PUBLIC LAW, FACULTY OF LAW, KWARA STATE UNIVERSITY, MALETE, NIGERIA, 2025-06-25) Abdulrazaak O. ZakariyaAbstract Custody (Hadana) in Islamic jurisprudence is primarily guided by principles derived from the Qur'an, Hadith, and juristic interpretations within the four major Sunni schools (Hanafi, Maliki, Shafi'i, and Hanbali), as well as Shia perspectives. In Islamic Family law, custody is usually granted to the mother; with whom it is believed the interest of the child would be best served, particularly during the child’s early years, emphasizing maternal care's importance in nurturing. Islamic law balances the rights and duties of both parents while prioritizing the child's best interests, a principle known as maslahah (welfare of the child). Therefore, father basically assume financial responsibilities and legal guardianships, overseeing matters relating to the child’s education, finances, and marriage arrangements. However, there are factors which may cause shift in custody ranging from such as the child’s age, the custodian’s ability to fulfill the child’s obligations, and circumstances that might be deemed harmful to the child's well-being. It must be noted however that Nigeria has numerous ethnic groups and customary laws vary broadly. Also, contemporary applications of custody in Muslim-majority countries vary, as interpretations of Islamic principles may integrate state laws, societal customs, and modern child welfare considerations. This paper through a doctrinal method appraises the provisions for child custody (Hadana) under the Shari’ah as affecting the Muslims’ children vis-à-vis how the interest of the children would be best served. The objective of this research is to sensitize many Muslim women who had little or no knowledge of their right to custody of their children. It was observed that though some Muslim women know their right to custody of their children but lack prerequisite power to fight for it when been overridden by men. Lastly, the paper concludes by making recommendations to Muslim women who may want to explore custody under Islamic law.