Author(s): Ahmad O. Murtadha , ,Muhammad Tahir Yahaya

In 2021 Journal VoL. 6

By UNIMAID JICOL

The idea of human rights protection is meant to protect thehumanity and dignity of individuals. Ordinarily, nationsguarantee human rights to their citizens through legalinstruments which could be international or domestic.Nigeria has succeeded in providing such documents at boththe domestic level and via ratification of internationaltreaties. Using doctrinal methodology, as well as secondaryempirical results, this article examines such protections asguaranteed in these domestic and international instruments.It contrasts same with the realities of how Nigerians enjoythese rights. It finds that though the protections in theseinstruments are ideal, the actuality is the opposite asNigerians languish under grave human rights violations,mostly by the government and its agencies with impunity. 

Author(s): Suleiman Usman Santuraki

In 2021 Journal VoL. 6

By UNIMAID JICOL

ABSTARCTIt is an established fact that women are the most vulnerableand severely targeted group during and after armedconflicts. Frequently, they are faced with different forms ofhuman rights violations including Gender Based Violence(GBV) or better put as Violence Against Women (VAW).In most cases such violence if committed during armedconflicts will constitute different levels of grave breachesof international humanitarian and human rights laws.Although, GBV/VAW, apart from being a violation ofhuman rights, can equally be considered as a threat to peaceand eventually amounts to inequality and injustice. To thiseffect, several attempts, including setting up legalmechanisms have been made by the international, regionaland national bodies to tackle the menace but to no avail. Anumber of treaties and resolutions intended specifically toprevent these violations with a view to bringingperpetrators to book have been severally adopted by manystakeholders including penal repression and provision ofadequate compensation. To this effect therefore, this article is aimed at unravelling this lingering problem bedevillingprotection against GBV through the law with a view toproviding pragmatic and realistic measures. However, ithas been identified that apart from the legal mechanismsput in place, other measures too are significant andnecessary. In fact, they always play more significant roletowards effective protection against GBV during and afterarmed conflicts than the strict legal measures; as such, thedemands for injecting moral values in people through civiceducation is considered as necessary. 

Author(s): Magaji Chiroma , Mohammed Idris

In 2021 Journal VoL. 6

By UNIMAID JICOL

ABSTARCTIt is an established fact that women are the most vulnerableand severely targeted group during and after armedconflicts. Frequently, they are faced with different forms ofhuman rights violations including Gender Based Violence(GBV) or better put as Violence Against Women (VAW).In most cases such violence if committed during armedconflicts will constitute different levels of grave breachesof international humanitarian and human rights laws.Although, GBV/VAW, apart from being a violation ofhuman rights, can equally be considered as a threat to peaceand eventually amounts to inequality and injustice. To thiseffect, several attempts, including setting up legalmechanisms have been made by the international, regionaland national bodies to tackle the menace but to no avail. Anumber of treaties and resolutions intended specifically toprevent these violations with a view to bringingperpetrators to book have been severally adopted by manystakeholders including penal repression and provision ofadequate compensation. To this effect therefore, this article  is aimed at unravelling this lingering problem bedevillingprotection against GBV through the law with a view toproviding pragmatic and realistic measures. However, ithas been identified that apart from the legal mechanismsput in place, other measures too are significant andnecessary. In fact, they always play more significant roletowards effective protection against GBV during and afterarmed conflicts than the strict legal measures; as such, thedemands for injecting moral values in people through civiceducation is considered as necessary. 

Author(s): Idris Musa , Garba Abubakar

In 2021 Journal VoL. 6

By UNIMAID JICOL

ABSTRACTThe foundation of contract in Islamic law is the consent(riḍā) of the contracting parties. This is decreed by theverse in the Glorious Qur’an, surah al-Nisa which says that“O you, who believe, devour not your property amongyourselves by unlawful means except that it is trading byyour mutual consent.” The normal way of consenting tocommercial contracts is through offer and acceptance bythe contracting parties. Similarly, Islamic law provideskhiyārāt (options), some of which are created by parties tothe contract themselves, while others are inherent in thecontract. Options (khiyārāt) are regarded as the rightordained for the contracting parties to either accomplish ordissolve a contract. Therefore, using the doctrinal researchmethodology, the research examined options (khiyārāt)with a view to assessing its impact on the determination ofthe Mutual consent (Taraḍῑ) of the contracting partiesunder Islamic law. The research found that apart from offerand acceptance in a contract, the parties can use khiyarat(options) as a mechanism for the determination of theconsent of the parties in the contract. The researchrecommended that: parties to a contract can utilize or insert the mechanisms of khiyarat options in a particular contractas another way of ascertaining the consent or otherwise

Author(s): ALIYU ALIYU IMAM

In 2021 Journal VoL. 6

By UNIMAID JICOL

ABSTRACTThe prophetic tradition that states that: “the contracting parties have theright to repudiate or affirm the contract as far as they have notseparated” has been the basis for the concept of majlis al-aqd (contractual meeting place) applicable to Islamic commercialtransactions. The concept has survived since the prophet lifetime andup till today. Modern Technology on the other hand has advanced themode of communication, to wit, concluding contracts nowadays. Thesetechnological inventions have obviated the need to be physicallypresent whether by oneself or through another human messenger beforea contract could be negotiated and concluded. However, with therequirement of majlis al-aqd which offer and acceptance must bow toand abide, it becomes pertinent to examine the concept in the light ofthe recent models of concluding contract in Islamic Law. Inundertaking this task, using doctrinal methodology, the traditionaldoctrine of majlis al-aqd is briefly brought forward as a parameter toweigh and measure its application on the modern methods of what canbe termed as majlis al-aqd. For easy dissection of the discourse, themodern technological means of communication are categorisedaccording to their forms of usage. Hence, instantaneous and noninstantaneous means of communication and pre-programmed websitecontract are considered in the light of the rules and principles of majlisal-aqd.This paper found that, where the technology used in concludingcontract is one that can be categorized as instantaneous, the classicalrule of majlis al-aqd applies. Where the contract is concluded interabsentees, the rule of majlis al-aqd does not apply. It is howeveradvisable that parties make adequate stipulations to obviateunnecessary uncertainty.