Author(s): Dr Muhammad Alhaji Abubakar , Adamu Mohammed Gwaza

In 2017 Journal VoL.2

By UNIMAID JICOL

The conventional Banking system is well known to Nigeria and in conventional Bankingpractice; interest plays a prominent role in the financial intermediation process. Islamic bankinghas the same purpose as conventional Banking, that is to generate money for the Bankinginstitution. But that is not the sole purpose either, because it accepts only monies andinvestment that are Halal or considered Sharĩ’ah compliant. This work examines principles ofMuḍãrabah as a viable means of investment, and assesses the level of Jã'iz Bank Plc’scompliance with the principles of Muḍãrabah. To actualize this, the research work applied bothempirical and doctrinal methodologies. The significance of this research work lies in explaininghow the principle of Muḍãrabah is applied in Jã'iz Bank Plc in order to assess its compliancewith the principles of Sharĩ'ah. The work observed that there is lack of awareness about theMuḍãrabah product and service of the Jaiz Bank plc. Therefore, recommends that Jaiz Bankshould provide adequate awareness and education.

Author(s): Umar Abatcha , Abdullahi Usman , Musa Alkali Lawan

In 2017 Journal VoL.2

By UNIMAID JICOL

Muslims scholars concur as to the illegality of Riba (usury) ascontained in the Holy Qur’an, the Sunnah i.e. tradition of ProphetMuhammad (S.A.W.) and the Muslims consensus since the early stageof Islam until today. The Arabic word riba linguistically meansincrease and growth. It means increase in anything, or addition toanything. In other words, it is increase in capital at the expense of thewealth of others through wrongful and false means. Hence, anyaddition however slight, over the principal sum lent is riba. This evilactivity i.e. riba creates selfishness, money-worship, cruelty, hardheartedness and kills the spirit of fellow feeling and co-operation. It is,therefore, ruinous for society spiritually, morally and economically.Islam has prohibited riba in order to protect the property of theMuslims and not to be eaten unjustly, to encourage and direct Muslimsto invest their money through Halal i.e. lawful channels and blockanything that will generate hatred, evil and envy among the Muslims.If riba is permissible, the needy will be required to pay back more onloans; and from the moral aspect, it will weaken his feelings of goodwill and friendliness toward the lender. Hence, if riba is prohibited ina society, people will lend to each other with goodwill, expecting backno more than what they have loaned, the spirit of mercy and charityamong Muslims will be firm and strong. The paper concluded byrecommended that financial institutions should reflect the provisions ofthe Sharia in their transactions.  

Author(s): Dr. A. A. Owoade , Onikosi A. A , Badr, M. B

In 2017 Journal VoL.2

By UNIMAID JICOL

This paper examined the relationship between the institution of Hisbahand the objectives ofIslamic law. The impact of Hisbah in the realization of the Maqasid of Shari’ah in an Islamicstate cannot be overemphasized, hence making it a driving force of the Maqasid Shari’ah. Itwas observed that the implementation of Islamic principles, values and injunctions in relationto social, economic, political, moral and religious in private and public, mundane and spiritualaffairs are not unconnected with the function of Hisbah institution. This paper is analytical andis based on the survey of relevant available literatures. This paper thus asserts that theinstitution of Hisbah is a driving force for the realization of Maqasid Shariah. It was confirmedthat the objectives of the institution are tailored towards the attainment of the primary goal ofthe Shari’ah.  

Author(s): Dr. Musa Alkali Lawan , Yahaya Alhaji Dunoma , Bukar Alhaji Maina

In 2017 Journal VoL.2

By UNIMAID JICOL

The concept right to life is a sacred right which every human being by virtue of his creation isentitled to and by all standard it is sacrosanct and cannot whimsically be violated except withdue recourse to the law. The Universal Charters and Conventions have not provided for itsviolation during war and peace. Despite being sacred, domestic laws have opened a floodgatefor its violation under certain situations when martial laws are imposed to avert breakdown oflaw and order. The Constitution of the Federal Republic of Nigeria at Section 33(2) hasprovided for such instances where this golden right has to be infringed for peace, order andstability of the Nation. The case of Borno State under State of Emergency has provided amyriad of questions which the available answers are not satisfactory enough to justify thewanton killings and maiming carried out under the guise of Emergency powers. This paper willlook at the powers imposed and the constitutional backings relied upon by all the stakeholdersinvolved in the process

Author(s): Ismael Funsho Yusuph ESQ. , Abubakar Shehu Ahmad Tijani

In 2017 Journal VoL.2

By UNIMAID JICOL

Displacement is one of the negative effects of insecurity because during the time of terror act,occurrence of loss of lives and properties is imminent and in most cases ‘soft-target’ (civilians)are always victims of insecurity. This will make a good number of people to flee for safetyelsewhere, thereby abandoning their places of abode. The displacement occurs as a result ofBoko-Haram insurgency. Several dwellers in the North-East of Nigeria experienceddisplacement during the insurgency period. Many of these displaced persons wereaccommodated in various camps while many decided to find their way elsewhere. There is nodoubt it that the act of displacement would cause negative impact on the right of the InternallyDisplaced Persons (IDPs). The question now is this; are the Internally Displaced Persons(IDPs) well treated or not? If the answer is in negative or positive. The Welfare of the IDPsought to be taken care of within a reasonable standard which is supposed to be defined by alegal instrument which will be used as a yardstick to determine what rights exercisable by theIDPs. This paper will focus on the treatment of observance and enforceability of right ofInternally Displaced Persons in Nigeria particularly the victims of displacement as a result ofBoko-Haram Insurgency in the North-East of Nigeria.

Author(s): Magaji Chiroma , Yusuf Mohammed Yusuf , Goni Usman

In 2017 Journal VoL.2

By UNIMAID JICOL

Marriage is an institution that brings about love, joy, affection and sexualsatisfaction to both husband and wife. One of the objectives of marriage is to promoteprocreation of human nature on the surface of the earth. This obviously stems from thelawful union between the married couples. In Islamic law, the term marriage is referredto as “aqd al-nikah” i.e. the formal contract which signifies the commitments andconsent of both parties to abide by the terms, conditions and lawful stipulations of theagreement as contained in Shari‘ah (Islamic law). Consent is one of the essentials ofmarriage contract under the Islamic corpus juris. Once parties have unequivocallyconsented to get married to one another, they should equally be bound by what theyhave consented to. As a matter of the religious injunction both husband and wife havesimilar and reciprocal rights and duties to one another. One of such rights is the right ofsexual relationship. It is indeed an obligation on a wife to allow her husband have andfulfill his sexual desire, and vise-versa. However, such right and obligation can bederogated and/or waived in some circumstances enumerated by shari‘ah itself. In lightof this therefore, the paper examines the husband’s right to sex under the shari‘ah witha view to analyzing the legal implication, scope and effects of “a marital consent” inIslamic marriage contract. In the end, the paper juxtaposes the position of shari‘ah onthe husband’s right to sex from the notion of marital rape. Finally, the paperrecommends for the enactment of an Islamic Family Code in Muslims dominatedcommunities, with emphasis on provisions of stringent physical punishment on theperpetrators as well as issues of compensation, forfeiture and apology to the victims ofthe violence should be made compulsory.  

Author(s): Muhammad Shettima , MUHAMMAD ALAMIN DERIBE , Dr. Aisha Sandabe

In 2017 Journal VoL.2

By UNIMAID JICOL

The purpose of this paper is to analyse legal effects of consent for the validity ofcontract in Shari’ah. The work began with the definition of concept of contract (aqd) inIslamic law. Consent is a basic requirement in every contract as it is a requirement forlegalising one person’s right to another in accordance with provisions of Shari’ah. Thework shall thus focus on the element that represent consent which is the offer andacceptance and discuss matters that vitiate its validity. Using inductive, doctrinal andhermeneutical methodologies, the authors have attempted to review several works ofjurisprudence. This implies Muslim jurists’ approach to the definition and classificationshall be adopted. It is observed that consent is central in validity of contract as each ofcoercion (ikrāh), mistake (al-khaṭa’), misrepresentation (tadlīs), fraudulent deception(ghabn), questions presence of consent; and therefore, such contract is in jeopardy asthe non-consenting party can terminate it. The research concluded by recommendedthat Muslims in their dealing with individuals and corporate bodies in transactions thatare governed by Islamic law- should be aware of injunctions related to consent as it canrender the contract void.

Author(s): Muhammad Shettima , Dr. Hamma Adam Biu

In 2017 Journal VoL.2

By UNIMAID JICOL

This work intends to review the legal basis of the maxim “al-Ḍarūrātu tubīḥ almaḥẓūrāt” (Necessity renders prohibited things lawful) and the scope of itsapplications. The work started by defining the concept of maxim and its classification.The maxim, al-Ḍarūrātu tubīḥ al-maḥẓūrāt (Necessity renders prohibited things lawful)is introduced as well as its meaning and legal basis. Conditions required for theapplication of the maxim was also presented with necessary examples. These conditionswill safeguard against any abuse in the application of the maxim. Using inductive,doctrinal and hermeneutical methodologies, the authors have attempted to reviewseveral applications of the maxim in both classical and contemporary matters. Thefinding of the works is that it is not objective of Islam to create difficulty to its followersand that in cases of necessity things that are otherwise prohibited can be legalised. Theresearch concluded by recommended that in fatwas, implications of the maxim alongwith its conditions should be taken into cognizance in order to not to create difficultyto Muslims nor fall into the slippery slope of extending the maxim beyond its legalscope of applications.  

Author(s): Murtala Ganiyu A. Murgan , Garba Umaru Kwagyang

In 2017 Journal VoL.2

By UNIMAID JICOL

The doctrine of judicial precedent which states that the court must stand by what has beendecided in a case when deciding a new case by a judge in court, is commonly known and usedamong the countries that practice common law system. However, it is presently observed thatthe doctrine of judicial precedent which is not to be practiced in Shariah Court is known to beextending its influence to Sharia Court. This paper makes a comparative study of the extent ofinfluence of judicial precedent in Shariah courts in Nigeria and Malaysia, with a view toensuring total exclusion of the practice of precedent from sharia courts and ensuringindependence of Sharia courts. Based on doctrinal research approach, this paper examines theconcept of judicial precedent and operation of doctrine of judicial precedent among differentcategories of Sharia courts in Nigeria and Malaysia. It is generally observed that the practiceof judicial precedent is not applicable to all Shariah Courts in Nigeria and Malaysia. It ishowever observed that despite exclusion of judicial precedent from shariah courts in the twocountries, there are few instances where the practice of judicial precedent is gaining someinfluence on the jurisdiction of Shariah courts particularly in Nigeria. This gives the impressionthat the Shar’iah courts are placed under the power of common law courts. It is further observedthat this position constitutes a problem to independence of Shariah Courts and thereforeconclude that the practice of judicial precedent should totally be excluded from Shariah Courtsin order to ensure thatmore independence is granted to Shariah Courts. This study provides anopportunity to compare note on the administration of judicial precedent in the Shariah courtsin Nigeria and Malaysia.