COMPARATIVE CRITIQUE ON THE PROHIBITION OF FEMALE CIRCUMCISION IN NIGERIAN
Author(s): Mohammed Aliyu BabakanoMohammed Amin UmarAishatu Kyari Sandabe
Qur’an does not contain express text that resolvearguments on the cultural practice of Female Circumcision,whereas there are Sunnah of the Prophet (s.a.w) thatdescribe the practice as optional. The Sunnah of theProphet (s.a.w) does not directly prohibit the practice.However, it allows the exercise to be light with cautionagainst harming women, On the other hand, femalecircumcision is outrightly prohibited and sanctioned bymunicipal, regional and international laws. Nigeria beingresponsible member of the international community haspromulgated legislations and policy guidelines foreffective and sustainable eradication of femalecircumcision. It is in the light of the foregoing; this paperappraised the practice of female circumcision within theNigerian legal framework. It also appraised the subjectfrom Islamic law perspective. The paper further appraisesthe effectiveness of the laws and policies as to whether ithas achieved its objectives. The paper principallyemployed doctrinal research methodology, but due to thecomplexities and sensitivity of the subject, interviews wereconducted on selected respondents. It is found that theexisting legal framework prohibiting the practice of femalecircumcision has not achieved it desirable objective, because of lack of awareness of the existence of the lawsby majority of the victims.
IMPLEMENTATION STRATEGY OF THE NAIRA REDESIGN POLICY: THE ISLAMIC LAW PERSPECTIVE
Author(s): Mohd Jamiu Ayinla-Edun
In the year 2023, the Nigerian Currency was redesigned.The redesign was envisioned to ensuring various socioeconomic advantages. The arguments in favour of theNaira redesign were that the policy was overdue withregards to best practices; it has the ability to combatcurrency counterfeiting, crimes as well as retract currenciesoutside the banking system among other benefits.However, the implementation of the policy plunged thecountry into serious socio-economic, financial and politicalquagmire. The negative impacts seem overweighingcompared to the envisaged benefits. The aforesaid situationthus informed the adoption of doctrinal methodology toinvestigate the Islamic law perspective on theimplementation strategy of the Naira redesign policy. Thepaper found that the implementation was in counterdistinction with the Islamic law principles and concludedthat the implementation of the policy should have beensuspended to avert the avoidable hardships witnessed in thecountry by reason of the policy.
AN EXAMINATION OF EMPLOYMENT OF A NON-MUSLIM IN ISLAMIC ORGANISATION
Author(s): KAMALDEEN OLAITAN SALMAN
The world is created in such a way that no one cancompletely exist independent of another especially when itcomes earning a living. Thus, engagement in oneemployment or the other becomes inevitable. In view of the inability of the government to provide employment for alland sundry, private organisations sprung up to fill the largevacuum within their limited capacities with faith-basedorganisations not left out. The problem of job andemployment discrimination thus ensued. Hence the topicaldebate whether a non-Muslim can be employed in anIslamic organizational setting. The study relies on thedoctrinal method of legal research to examine the legalimplication of Qur’an Chapter 4 verse 144 on employmentof non-Muslims in an Islamic organizational setting. Thestudy explores the general rules and exceptions pertainingto non-Muslim employments in an Islamic organization.The study finds that the positions of Islamic jurists foundedon the Sunnah of Prophet Muhammad copiously supportedemployment of non-Muslims in Islamic organization withsatisfaction of certain conditions precedent includingobservance of non-discrimination, meeting jobrequirements and qualifications, respecting religiousbeliefs of one another within the organizational setting andlegal considerations. The study recommends activeemployments of non-Muslims in Islamic organisations as away of showcasing the beauty of Shari’ah principles to thenon-Muslims for proper inevitable human peaceful coexistence.
CRITICAL EVALUATION OF THE HUMAN RIGHTS OF THE INTERNALLY DISPLACED PERSONS (IDPs) IN NIGERIA
Author(s): Mohammed Amin Umar•Garba Umaru Kwagyang
Internally displaced persons are entitled to quantum ofHuman rights that are peculiar to them. These rights wereambitiously reiterated under international laws and otherinstruments as their entitlement, as vested rights belongingto the IDPs in Nigeria. The discourse within the purview ofthis paper is to critique these rights as to their applicationor implementation in Nigeria. Thus, Human rights aresolemnly declared in the 1999 constitution as non-violablerights but belonging to all human persons in Nigeria,including internally displaced persons. They areemphatically fundamental that a chapter was dedicated toit in the 1999 Constitution in Nigeria. However, theConstitution did not provide corresponding punishmentwhere these rights were violated but emphatically declaredthat the provisions are fundamental. This paper isconcerned with reparation rights to the IDPs which sadlythe federal government failed, neglected and refused topay. The methodology adopted herein is qualitative methodas the main thrust of this paper is to interrogate the existingstatutory framework and other instruments to determine theapplication and implementation or otherwise of these basicHuman rights that are peculiar to IDP in Nigeria. The paperfound that even though these basic rights were conceivedwithin Human rights interpretation, they were not enactedin any statutes in Nigeria; and therefore, not enforceable They are hollow expression with so much significance butno corresponding penalty in the event of violation. Finally,the paper will offer suggestions and recommendations.
TSANGAYA SYSTEM OF EDUCATION: AN EXPLORATION OF ITS HISTORICAL CONTEXT AND CONTEMPORARY PRACTICES FOR FUTURE PROSPECTS IN NORTHERN NIGERIA
Author(s): Atiku Said Haliru•Hafsat Muhammad Ali
The Tsangaya system of education, a traditional Islamiceducational model predominantly practiced in northernNigeria and parts of West Africa, has a rich historicallegacy and significant cultural relevance. This paperexplores historical context and contemporary practices ofTsangaya system of education for future prospects in thecontext of modern educational needs and reforms. Thepaper delves into the origins and evolution of the system,highlighting its contributions to the social fabric in itsheydays. The paper finds that Tsangaya system faces stiffchallenges. Such as its alignment with modern educationalstandards and the welfare of its students, known asAlmajirai ( of almajiri). Issues such as inadequateinfrastructure, lack of standardized curriculum, child labor,and poor living conditions of the Almajirai are examined indetail. Recommendations for legal and regulatoryframework for better policy interventions, stakeholdercollaboration, and sustainable funding mechanisms areprovided to support the modernization and revitalization ofthe system.
Preliminary Pages Volume VIII, No. 1 December, 2023
Author(s): UNIMAID JICOL
Volume VIII, No. 1 December, 2023
THE ELIGIBILITY CODE OF SPECIAL HEIRS TO INHERIT IN ISLAMIC LAW OF INHERITANCE: THE CHALLENGE OF MODERN SCIENCE TECHNOLOGY AND THE 1999 NIGERIAN CONSTITUTION
Author(s): Professor Umar S. Abbo Jimeta (new)
Heirs' eligibility to inherit is based on set-out grounds andconditions by Islamic law. The law is categorical on theunacceptability of the use of modern science andtechnology in establishing the conditions. Among the setout impediments or constraints to inheritance, four appearto be in conflict with Sections 38 (1) and 42 (2) of the 1999Nigerian Constitution. Therefore, there is need to refashionthem to allow for proper and free application of theconstraints, including trial for homicide cases to establishthe guilt of heirs in the issues of inheritance in the ShariaCourt of Appeal rather than English Courts. This can beachieved by expanding the jurisdiction of Sharia Court ofAppeal to cover criminal cases in inheritance matters or toterminate all Islamic personal law in the Sharia Court ofAppeal.
CHILD’S RIGHT TO EDUCATION IN ISLAMIC LAW: REFLECTIONS ON BOKO HARAM INSURGENCY
Author(s): Aishatu Kyari Sandabe , Mohammed BabaKano Aliyu , Ibrahim Muhammad Ahmad
Child access to education and protection of educationalfacilities are generally guaranteed under Islamic law.Parties to armed conflict, whether International ArmedConflict (IAC) or Non-International Armed Conflict(NIAC), are required to observe and protect child’s right toeducation. This paper focuses on Child’s right to educationduring Boko Haram conflict. The paper adopts a qualitativemethod of legal research. This involved analysis of existingliterature and interviews. The paper observed that, the nonstate armed groups adopted a disturbing method ofdeliberate attack on civilian’s object and particularly,violation of child’s right of access to education andeducational facilities. This phenomenon has called for theneed to strengthen the existing legal and institutionalframeworks towards ensuring the accountability of nonstate armed groups for human rights violations and theviolation of the child’s right to education. The paperconcludes that, the conduct and method of warfare used byBoko Haram insurgents does not comply with mainstream Islam and therefore violates Shari’ah; child’s access toeducation is a fundamental right and therefore guaranteedin Islamic law even during hostilities. Thus, it isrecommended amongst others that, there is need forconstructive dialogue with the armed groups within theconfine of international humanitarian law and Shari’ah forpositive sustainable child’s capacity development.
LEGAL CONUNDRUM OF AMNESTY GRANT AS MECHANISM FOR COMBATING TERRORISM IN NIGERIA: SHARI’AH STANDPOINT
Author(s): Onikosi A. A , Ahmed A. Muhammed-Mikaaeel
Amnesty grant is one of the powers conferred on the President orthe Governor as the case may be under the Nigerian constitution.The scope of amnesty grant covers pardoning of offenders beforeand after prosecutions. Nigerian government has over the yeargranted amnesties to offenders covering the foregoing. However,the legal conundrum cropped up with respect to amnesty grantedprior to offenders’ prosecution. The validity of the earlier actionsremains questionable due to the constitutional inadequacy. Thispaper thus examines the legal conundrum of the amnesty grant asmechanism for combating terrorism in Nigeria from Shari’ahstandpoint vide doctrinal method of legal research. The paperreveals that the Nigerian legal regime is adequate with respect togrant of amnesty to offenders after convictions. The grant ofamnesty prior to prosecution remains a serious legal issue as aresult of legislative inadequacy. The paper finds that suchinadequacy is absent in the jurisprudence of Islamic law as the realfocus of amnesty from Shari’ah standpoint is on that exercised infavour of the offender prior to prosecution upon the satisfaction ofthe requirements of repentance. Borrowing leaf from Shari’ahstandpoint, amendment of the legal framework for amnesty grantin Nigeria is accordingly recommended to put an end to the legalconundrum.
About the Journal
About
Editorial Team
Curent issues
Archive
DOWNLOADABLES
Guide for contributors
Authors Response Form
Manuscript review Form
Make a Submission