Scholarly Publication
Permanent URI for this collection
Browse
Recent Submissions
Now showing 1 - 5 of 125
- 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.
- ItemExegesis of the Holy Qur'an as Legal Framework for Muslim Patients' Rights in the Contemporary Muslim Societies(UIN K.H. Abdurrahman Wahid Pekalongan, 2025-06-12) Ahmed Abiodun Muhammed-Mikaaeel; Abdulsalam Lukman Oladele; Abdul-Quadri ZubairBackground and Objectives: Muslims in non-Islamic states continuously face lots of challenges regarding recognition and observance of the Muslim patients’ rights (MPRs). There is widespread misconception that Islamic law does not explicitly cover patients’ rights. Methodology: The study adopts doctrinal method of Islamic legal research exploring foundation of the MPRs from the Holy Qur’an. Qur’anic exegesis explores Tafseer of Al-Qurtubi and As-Sa’di which are based on Ayat al-Ahkam (legislative verses). Relevant secondary sources of information were explored at academia, google scholar, google search engine, research gate, sage-pub, semantic, Brill, and jostor. The main results: The study finds that the MPRs emanated from the relevant verses of the Holy Qur’an especially the Qur’an Chapter 24 verse 30-31 and Quran Chapter 33 verse 59. The MPRs include same-gender treatment, presence of mahram during medical treatment, privacy and coverage of ‘awrah, separate hospital wards for different genders etc. Though the MPRS are very sacrosanct; they are not absolute and relaxable under emergencies to save life in compliance with certain cautions. This research contribution: The existing literature focused on medical fatwas and thematic interpretations with dearth of Qura’nic interpretative literature of modern healthcare regarding MPRs. The study fills the gap by coming up with up a model of legal framework, mapping table of verses and policy recommendations for the contemporary Muslim societies. Conclusion: The study finds that the MPRs are inherently inalienable having emanated from Holy Qur’an. The study recommends pragmatic integration of Islamic etiquettes in hospital policies and medical principles for the recognition of the MPRs.
- ItemECONOMIC VIABILITY AND COMPLIANCE WITH NIGERIAN LAWS OF ISLAMIC BANKING IN NIGERIA AMIDST MISCONCEPTIONS(DEPARTMENT OF JURISPRUDENCE AND PUBLIC LAW, FACULTY OF LAW, KWARA STATE UNIVERSITY, MALETE, NIGERIA, 2025-06-25) Aishat Abdul-Qadir Zubair, LL.B, BL, MCL. PhD, CSAA, PCIBF, PCIED; Abdulrazaak O. Zakariya, LL.B, LL.M, BL, PCIEDABSTRACT Islamic banking, a non-interest financial system rooted in Sharia principles, has gained significant traction in Nigeria over the past two decades. Emerging as a viable alternative to conventional banking, it aims to promote ethical finance, financial inclusion, and socio-economic development. However, its growth has been met with widespread misconceptions, ranging from its perceived exclusivity to Muslims to doubts about its economic viability, compliance with Nigerian laws, and operational transparency. These misconceptions have not only shaped public perception but also hindered the broader adoption of Islamic banking products and services. This article using qualitative legal analysis method examines misconceptions surrounding Islamic banking, evaluates legal frameworks, and assesses operational models through literature review and case studies. By analyzing legal frameworks, such as the Central Bank of Nigeria’s guidelines and the Banks and Other Financial Institutions Act (BOFIA), the study establishes the legitimacy and regulatory compliance of Islamic banking. Furthermore, it evaluates operational models, including profit-and-loss sharing (Mudarabah) and asset-backed financing (Murabaha), to demonstrate their economic viability and alignment with global best practices. The socio-economic impacts of Islamic banking are also assessed, highlighting its role in fostering financial inclusion, supporting small and medium enterprises (SMEs), and promoting ethical investment. The study reveals that Islamic banking is not only inclusive and accessible to all, regardless of religious affiliation, but also contributes significantly to Nigeria’s financial inclusion goals and economic development. To address persistent misconceptions, the article concludes with actionable recommendations, including public education campaigns, enhanced regulatory clarity, and proactive stakeholder engagement.
- ItemExamining the Connotation of the Word (Lawgiver) and the Dilemma of Muslims under Islamic Law.(College of Law, Fountain University, Osogbo, 2025-02-03) Abdulrazaak O. ZakariyaAbstract Shari’ah (also known and referred to as Islamic Law) contains rules of all past events, current problems and all possible incidents that may happen in future. Nothing has happened in the past or is happening at present or will happen in the future except that each and every one of those things has a ruling from the Islamic law either directly or indirectly. Every conduct of a man at all time and places are completely and comprehensively taken care of by the Islamic law. Allah (SWT) refers to those who approach or judge their affairs with any other law[s] other than the provisions of Islamic law (the Quran & the Sunnah) as disbelievers (the Kâfirûn), polytheists, wrong-doers (the Zâlimûn) and disobedient (the Fâsiqûn). Hence, the dilemma of Muslims living in non-Islamic state or Muslims’ State like Nigeria where the applicable Laws were said to be made and given to themselves. This paper adopts the doctrinal method of research to examine the lawgiver/legislator in Islamic law as it relates to the Muslims therein and several views of Muslim jurists on whether or not the intellect could discern and identify the hukm of Allah regarding the conducts of the Mukallaf (مكلّف) based on what is good (hasan) حسنor evil (qabih) قبيحwithout the intervention of divine revelation. The paper also examines the status of a man-made law as well as the maker, in both Islamic and Non-Islamic States. This paper finds that though a Muslim may find himself in a non-Islamic state, however, that does not leave him at the freelage of perpetrating evil. The study lastly recommends guides for Muslims’ conducts in a non-Islamic State.
- ItemMuslim Youths and Global Challenges(Law Students' Society, University of Ilorin, 2011-03-20) Abdulrazaak O. ZakariyaNil