Scholarly Publication

Permanent URI for this collection

https://kwasuspace.kwasu.edu.ng/handle/123456789/128

Browse

Recent Submissions

Now showing 1 - 5 of 64
  • Thumbnail Image
    Item
    MUhTASIB (OMBUDSMAN) AND FATWA OF MUFTT (EXPERT DETERMINATION) IN NIGERIA: AN ANALYSIS OF THE IDEAL APPROACH
    (KOGI STATE UNIVERSITY FOR SELF RE FOUNDED 1999 ANYIGBA JOURNAL OF ARABIC& ISLAMIC STUDIES A Publication of the Department ofArabic and Islamic Studies, Kogi State University,Anyigba Vol. 6 No. 2,2014, 2014) Ayinla-Ahmad Bilikis Ph.D*; Ayinla Lukman A
    The relevance, applicability, and acceptability of Alternative Dispute Resolution globally as a veritable dispute resolution mechanism is valid than mere assumption. The acceptance may not be divorced from congruent and consensual nature of its practice and procedure. The same could be said of Islamic ADR practices but more importantly, Islamic ADR practices are specifically based on Qur'ān and Sunah of Prophet Muhammad (s. a. w.). Although there are myriad of these processes that encompass among others Sulh, Tahkim, Sulh and Tahkim, Muhtasib, Fatwā of Mufti meaning: Mediation, Arbitration, Med-Arb, Ombudsman and Expert Determination of a Jurist-Consult respectively. While some of the Islamic ADR processes are either at the rudimentary stage or practiced haphazardly, it is evident that processes like Muhtasib(Ombudsman) and Fatwā of Mufti (Expert Determination) are unsystematically practiced in Nigeria. Thus, an attempt is made to show the problem with these two processes in Nigeria and the appreciable progress made in Malaysia with respect to Fatwa of Mujii(Expert Determination). As the way forward, solution is proffered based on the structured approach in this jurisdiction as a way to entrench the application of Islamic ADR mechanism in Nigeria
  • Thumbnail Image
    Item
    RIGHT TO LIFE AND ABORTION:COMMON LAW AND ISLAMIC LAW PERSPECTIVES
    (KOGI STATE UNIVERSITY OMENE FOR SEU PEUNE FOUNDED 1999 ANYIGBA JOURNAL OF ARABIC & ISLAMIC STUDIES A Publication of the Department of Arabic and Islamic Studies, Kogi State University,Anyigba Vol. 6 No. 1, 2013 (1434), 2013) Ayinla-Ahmad Bilikis Ph.D*; HANAFI A. HAMMED,PH.D.
    The practice of abortion dated back to the ancient times. Pregnancies were terminated through a number of methods including the administration of abortifacient, herbs and the use of sharpened objects. Others are application of abdominal pressure and other techniques'. The first recorded evidence of induced abortion was from Egyptian "Ebers Paprus' in 1550 B.C. Chinese recorded a number of royal concubines who had legendary emperor Shennona prescribed the use of mercury to induce abortion ncarly5000 years ago.4 Many of the methods employed in early and primitive culture were non-surgical physical activities like strenuous labour, climbing, peddling, weightlifting. fasting, bloodletting, pouring hot water into abdomen and lying on heated coconut shell. Abortion through gynaecological procedure was primarily within the province of women who were either midwives or well- informed lay people. Plato in his Theatetus6mentioned a midwife's ability to induce abortion in the early stage of pregnancy. In South East Asia, the technique of abortion involved the application of pressure on the pregnant abdomen which was practiced for centuries. One of the major reliefs decorating the temple of Angkor Wall in Cambodia, dated back to 1150 B.C depicts a demon performing such an abortion.
  • Thumbnail Image
    Item
    EVALUATING THE ROLE OF PERSONNEL IN THE ADMINISTRATION OF CRIMINAL JUSTICE AT THE MAGISTRATE COURT
    (Published in Al-Hikmah University Law Journal Vol. 4 No 1, Pg. 150-171, 2023) Ayinla-Ahmad Bilikis Ph.D*
    The Magistrate Court is a crucial arm of the judiciary, which is established across the thirty-six states of Nigeria. Its primary role is to administer justice that is fair; humane, and speedy, thereby bringing justice closer to the common man. Despite its noble intentions, there are concerns about the effectiveness of the Magistrate Court in delivering justice within a reasonable time, as stipulated in section 36 (4) of the1999 Constitution of the Federal Republic of Nigeria. The administration of criminal justice in these courts is often fraught with challenges that impede their ability to function optimally. This paper aims to critically examine the role of personnel in the administration of criminal justice in the Magistrate Court. It seeks to identify the challenges that face the court's effectiveness in the administration of criminal justice. The paper finds that the magistrate court is a crucial arm of the judiciary with regard to the administration of criminal justice in Nigeria, albeit the challenges that face its effectiveness. Based on the findings, this paper provides recommendations on how to enhance the effectiveness of the Magistrate Court. In essence, this paper underscores the need for continuous improvement in its operations.
  • Thumbnail Image
    Item
    An Appraisal of Organ Transplant Legality and its acceptability: The Medical and Islamic Law Perspectives Revisited
    (UNIVERSITY OF MAIDUGURI UNIVERSITY OF MAIDUGURI JOURNAL OF ISLAMIC AND COMPARATIVE LAWS VOLUME 4, No. 1. DECEMBER 2019, 2019) Ayinla-Ahmad Bilikis Ph.D*; Ayinla Lukman; AbdulRasaq F.F; Ibraheem-Gambari Ahmad
    In contemporary days and as a result of advancement in science and technology, greater achievements and landmark breakthroughs have been made in medicine, particularly in the area of organ transplant to save precious life in deserving cases. Notwithstanding the success recorded, a lot of concern have been raised medically, religiously, morally and ethically as to the legality or otherwise of organ transplant. One other concern is in the area of illegal organ harvest that had shrouded the transparency of organ transplant; and by necessary implication, begging for lasting solution for the preservation of human life. This paper thus adopts the doctrinal method to provide answer to some of the questions raised while at the same time adopts analytical and comparative analysis in answering the questions on issues in organ transplant. The focus of the paper is on organ transplantation legality and its acceptability from the medical and Islamic perspectives, it is found that as useful and life saving organ transplant is, it must be done in conformity with the laid down conditions stipulated under Islamic Law, Medical ethics and other laws to avoid commercialization / trade in organ or illegal harvest of human parts/organs. Ultimately organ transplant must be done in such a lawful way to be in consonance with the objectives of Islamic law (Maqasid al-Shariah)
  • Thumbnail Image
    Item
    Competency of a Witness: The Common and Islamic Law Perspectives
    (Published in Confluence Journal of Jurisprudence and International Law. A Publication of the Department of Jurisprudence and International Law Faculty of Law, Kogi State University, Anyigba Vol. 3 No. 2, 2010, pp. 68-76., 2010) Ayinla-Ahmad Bilikis Ph.D*
    Witness is a very important personality in any legal proceedings due to thefact that it is upon the evidence or testimony of such witness that the just decisionof the case rests. Administrations of justice rests solely on the weighing ofevidences adduced by the various witnesses before the court and as such,litigantsor parties are to ensure that they produce witnesses whose evidence will befavourable to their respective causes. However, the laws have regulated the mode of adducing evidence or way of calling witnesses in Court, As such; we have the concept of competency of witness. Generally, by the provision of section 155 of the evidence Act, All persons shall be competent to testify, unless the court consider that they are prevented from understanding the questions put to them, or from giving material answers to those questions by reason of tender years, extreme old age, disease whether of the body or mind or any other cause of the same kind