Author(s): Dr. Alhaji Umar Alkali , Muhammad Bashir Alkali , Dr. Muhammad Musa

In 2018 Journal VoL.3

By UNIMAID JICOL

ABSTRACTThe right of a child to education is recognized under Nigerian laws and internationalinstruments. The Boko Haram conflict that ravaged the Northern part of Nigeria has displacedmore than two million people in North Eastern part of Nigeria. Children constitute greatpercentage of this population. Thousands of children stay in IDP camps across the states ofthe North Eastern part of the county especially Borno state which is the epicenter of the bokoharam conflict. As a result of the conflict and displacement, many children have been deniedthe right to education as reflected under the Nigerian Constitution. The Nigerian governmentcomprising of the Federal, State and Local Governments have a role to play towards theprotection of this important right of children. At the International arena, UNICEF and otherInternational Bodies have a role to play in protecting the right of the child to education. Thispaper intends to examine the right of IDP children to education and the role to be played bythe government and the International bodies in protecting this right of children.Key Words: Children, IDPs, Education, Nigeria

Author(s): Ibrahim Barkindo

In 2018 Journal VoL.3

By UNIMAID JICOL

Abstract:This article considered the ways and methodologies used by the Hisbah regardingintoxication in Kano State, whether forming part of the liquor law of the state or theSharia Penal Code. The methods are then compared with Al-Ghazali’s Degrees ofHisbah to see whether they match and if not why and which can be reviewed, the KanoHisbah methods or Al-Ghazali’s degrees; The paper also considered whether AlGhazali’s Degrees of Hisbah or Maratibul-Ihtisab augur well with Official Hisbah asopposed to Voluntary Hisbah, it analyzed the steps taken by Kano Hisbah and foundthat although all the eight steps can be found or used at one point or the other, the stepsare not followed serially or chronologically as al-Ghazali posited. The methodology ofthe article is both doctrinal and empirical and the empirical aspects are the applicationof the principles on the procedure of the Hisbah in Kano. Recommendations were madeat the end of the paper which include a call to the Hisbah to plan carefully on each stepand to be scientific in eradicating evil and increasing motivators of good and reducingmotivators of evil and for the Hisbah to pay attention on fight against consumption ofIndian Hemp.  

Author(s): BINAWA, BUKAR MUSTAPHA

In 2018 Journal VoL.3

By UNIMAID JICOL

INTRDUCTIONTransactions on credit card involve various Shari’ah issues and rulings. As a result of it, thischapter will endeavor to explain the Shari’ah issues and rulings pertaining to conditions,validity of credit cards conditions, adaptation (takyif) and Islamic legal rulings on credit cards.The most important aspect of credit card transactions is pertaining to terms and conditions ofthe agreement. This is because the terms and conditions are often considered to touch the heartand soul of the credit card transactions. The Prophet (SAW) was reported to have said to theeffect that: “Muslims are bound by their conditions”.1 

Author(s): Dr. Al-Mustapha Sekinat Ibrahim

In 2018 Journal VoL.3

By UNIMAID JICOL

The existence of the definition of Non-interest Financial Institution banking (NIFI) calls forthe need to examine the practical definition of NIFI (Islamic banking system) in Nigeria. Thisbecomes absolutely necessary to avert any possible misconstruction of the intent of the CBNguidelines. The article adopted the use of doctrinal methodology wherein both primary andsecondary data were utilized. The primary data utilized was from hadith, while the secondarydata was sourced from CBN guidelines and case laws. It is the contention of this article whetherthe definition of the CBN guideline of 2009 on NIFI and the same latter repeated in the 2016regulation on Non-Interest (Microfinance) Bank can actually stand the test of reality. It is thefindings of this article that, there is the need to readjust the definition of NIFI which aim atcompliance with the principles of Shariah in a way that the definition will reflect the applicableschool of thought in matters relating to Islamic Commercial Jurisprudence. It is thereforerecommended that, CBN should amend the guideline and same to be reissued in a way that aspecific school of thought will be specified and also adopts the use of ‘any other similartransaction’ where prohibitory dealings were mentioned.  

Author(s): Abubakar Bukar Kagu

In 2018 Journal VoL.3

By UNIMAID JICOL

ABSTRACTIn critical legal scholarship, criminal justice is often regarded as mainly a formidableinstrument of control. This has led to the argument that the whole notion of criminal justice’scapacity to control crime and adjudicate with fairness are only rhetoric. In the general sensehowever, criminal justice, whether Islamic or secular, is considered as set of rules andprocesses modelled to contain and remedy against violation or infractions. Because it is aphenomenon that responds mainly to social incidents and dynamics, it has become susceptibleto constant modification and reviews. This is particularly common with man-made laws aspriorities shift and in many cases, a response to the disappointment, which scholars associatewith the seeming exaggerated demand for efficiency in a system that is incapable of providingone. For Islamic model, the idea of constant changes and reforms is far-fetched as rules andprocedures are defined based on standard religious texts and juristic opinions. This paperintends to discuss the development and characteristics of both Islamic and secular models ofcriminal justice, drawing inference from the orientation that shaped these models and comparethe ideas and practices that define them. The paper take particular interest in the key aspectsof crime control and due process models.  

Author(s): Muhammad Muntaqa Mahboub

In 2018 Journal VoL.3

By UNIMAID JICOL

The means of proving the offence of Zina (fornication/adultery) under Maliki School could bethrough any of these means, thus, four (4) males, muslims, adult and credible witnesses, or (2)voluntary admission/confession; or (3) circumstantial evidence (unaccounted pregnancy fromunmarried woman). For the testimony of witnesses to ground conviction the witnesses must beunanimous in describing the penetration of the male accused penis into the virgina of thefemale accused as well as witnessing the said act as described at the same time and place. Inthe event of inconsistencies or differences in explaining any of the above, their testimony willnot be admissible and each of them will be punished with eighty lashes for committing falseaccusation (Qazf). It should be noted that Maliki School's opinion is the recognized opinion bylaw that should be applied before Shari'a/Area Courts and Shari'a Court of Appeal. This paperexamined the authorities relied upon by Maliki School which stipulates that, in the case of theoffence of Zina, if the witnesses are not up to four or where they are four but an inconsistencyor differences is found in their testimony each of them is guilty of the offence of false accusation(Qazf) with a view to highlight the conflict between the said opinion and the Qur'ani chapter14, verse 4. The paper adopted doctrinal research approach wherein relevant existingliteratures were analyzed.  

Author(s): Dr. Musa Alkali Lawan , Baba Isa Sanda Benisheikh , Yahaya Alhaji Dunoma , Umar Abatcha

In 2018 Journal VoL.3

By UNIMAID JICOL

This paper seeks to appraise the innovations and impediments to the enforcement offundamental human rights in Nigeria. Fundamental human rights enforcement in Nigeria andindeed in the African continent has more impediments than innovations despite the coming intoforce of the 2009 Rules, which seems to be more liberal than the 1979 Rules. The innovationsbrought in by the 2009 Rules are novel and has curtailed most of the impediments to litigants,lawyers, human rights activists and even persons who know nothing about their rights, soughtto enforce their rights through the 2009 Rules. However, the 2009 Rules, come as a sign ofrelief for the effective and smooth enforcement of fundamental rights in Nigerianotwithstanding the impediments inherent

Author(s): Mohammed BabaKano Aliyu , Ibrahim Muhammad Ahmad

In 2018 Journal VoL.3

By UNIMAID JICOL

The paper presents an overview of rights of children from Shari’ah perspective with particularemphasis on children right to education based on the general principles of Islamic law. TheQur’an and Sunnah of the Prophet (S.A.W.), being the primary sources of Shari’ah, haveprovided for the right of a child to education. However, the Almajiri system of education andthe way it is being practiced today in Nigeria is a subject of great concern to the government atall levels and has been a subject of debate among Muslims as to whether it is in conformitywith Islamic principles. Human rights groups and civil liberty organizations vehementlyopposed the system and criticized it. Thus, this paper examines the debate and the critics againstthe present Almajiri system of education in Northern Nigeria under Sharia

Author(s): Dr Abdulrashid Lawan Haruna

In 2018 Journal VoL.3

By UNIMAID JICOL

jus ad bellum is a principle of international law that deals with rules governing theright of parties to engage in war. This body of rules is meant to determine thelegitimacy, justification or otherwise of a war. However, this principle has beenmisconceived and misconceptualised from Islamic international law perspective.Western writers in particular often portray Islamic jus ad bellum in a bad image byasserting that some verses of the Quran instigate Muslims to engage in violentactivities that threatens world peace. As such, this paper analysis Islamic jus adbellum and relates it with the realities of the modern international law in relation tothe use of force in carrying out international relations. The paper posits that Islamicjus ad bellum has justification for the use of force just as the United Nations Charterprovides a widow for defensive war. The paper recommended that both westernwriters and dogmatic scholars of Islamic law should appreciate that Islamic jus adbellum could be explained in the light of the modern international law on the useof force since.