Author(s): Ismail Danjuma Yusuf LL.B, BL. LL.M

In 2023 Journal VoL. 8

By UNIMAID JICOL

Administration of justice is the core value of any civilizedsetting or polity. This is often shouldered on judges (qᾱdis).If the administration of justice is primarily and principallythat of a qᾱdi, it follows therefore that provision must bemade for the office of a qᾱdi. As a complete code, Islamiclaw provides for the office of a qᾱdi and interestingly, theNigerian Legal System via the 1999 Constitution of theFederal Republic of Nigeria (as amended) also provides forsame albeit some discrepancies. This paper studies theoffice of a qadi in Islamic law and the Nigerian LegalSystem. This paper proceeds to discuss the qualities of ajudge in Islamic law as well as judicial ethics andetiquettes. This paper finds out that unlike Islamic law, theNigerian legal system is not detailed enough toaccommodate the key qualities of a qadi as enshrined inIslamic law. The paper concludes that the relevantprovisions of the Nigerian legal system be amended toaccommodate the pristine provisions of Islamic law as itaffects the office a judge. The paper adopts doctrinalresearch methods by analyzing the primary and secondarysources of legal research. Interview were also conducted. 

Author(s): Dr. Musa Alkali Lawan , Abdullahi Usman , Professor Kamal Alhaji Dawud

In 2023 Journal VoL. 8

By UNIMAID JICOL

The aim of federal character as a principle is to ensure thatall public service institutions, ethnic, and geographicdiversity of the country. To this, Section 14 (3) and (4) ofthe 1999 Constitution (as amended) is to the effect that: thegovernment or any of its agencies and the conduct of itsaffairs shall be carried out in such a manner as to reflect thefederal character of Nigeria and the need to promotenational unity and also to command national loyalty,thereby ensuring that there shall be no predominance ofpersons from a few states or from a few ethnic or othersectional groups in that government. However, thechallenges of imbalance in our national life between statesand ethnic groups in relation to the educational sector,appointments and recruitments based on quota system andthe non-justiciability of Chapter II of the 1999 Constitutionas amended have a serious challenge to the properimplementation of the federal character principle in thecountry. Due to the nature of the research, doctrinal methodwas adopted in the conduct of this research, whereinprimary and secondary sources were consulted. Theprimary sources include: legislation, cases etc. while thesecondary sources include: books, journals as well asinternet materials. The paper observes that: nonjusticiability of Chapter II of the 1999 Constitution (asamended) and lack of fairness in making appointments,promotions and recruitments has seriously undermined thesmooth and effective implementation of federal characterprinciples in the country. The paper recommends that,chapter II of the 1999 Constitution be made to be justiciableand the governments both at the Federal, State and LocalGovernments level be fair in their appointments,promotions and recruitments.  

Author(s): A.A. Anvarov

In 2023 Journal VoL. 8

By UNIMAID JICOL

This article analyzed information culture of specializedIslamic educational colleges in New Uzbekistan. The paperdelved into the examination of specific features ofinformation culture in the modern era of information andcommunication technology. Certain social factorsinfluenced selection approach of information cultureamong students of specialized educational college. This isfacilitated by the established training and teaching codes ofsuch colleges. Therefore, developing the culture via afiltering process for selection and acquisition ofinformation culture shapes the future religious actors,particularly the imams, towards prioritized Islamic values.Ensuring fast and high-quality circulation of information inthe education system is one of the main criterion fordevelopment. To meet the basic criteria of informationculture in the 21st century is a must for every student todevelop. However, the use of the system in the educationalprocess and, of course, improving the culture of using theInternet system is not free from a challenge. Certain studieswere conducted on the culture of using the Internet andsocial networks among students studying in specializedsecondary educational institutions in Uzbekistan and someCentral Asian countries. However, this paper, analyzedinformation culture of students in specialized educational  colleges via empirical analysis of qualitative and quantitative methods. This paper found that the effective way to combat undesirable external information influencesis to entrench information culture. Therefore, itrecommends increase in the knowledge of informationculture among young people; and at the same time, improvetheir analytical abilities. In addition, their ability to respondrationally to conflicting information in the interests of thesociety, the state accepted values should be improved.  

Author(s): Ekhator Atise Johnson PhD , BL, FCNA, FCTI, FCE

In 2023 Journal VoL. 8

By DR. Ibrahim Muhammad Ahmad

Taxation in Nigeria is strictly by way of formal legislation. In otherwords, every tax in Nigeria, to be legal and enforceable, has to beenabled by an identifiable piece of legislation which imposes taxobligations which are clear and unambiguous1. In the precedingchapter, legal framework was defined as a set of laws. When combinedwith IGR, it means a set of laws regulating IGR in Nigeria. In thisregard, it is important to reiterate the notion that tax laws are statutoryin nature. According to Ayua2, there has been a requirement that if atall, government is to interfere with property, pry into a man’s affairsand takes his money, then this must be on clear statutory authority.

Author(s): Ismael Funsho Yusuph ESQ.

In 2017 Journal VoL.2

By UNIMAID JICOL

Killing generally is abhorrent to creatures of both mankind and animals. Right to life isdonated by the Almighty God and more often than not philosophers call it nature. Security tolife has become a societal issue and global phenomenon. There are laws already in place toput measure to unlawful killing but despite the laws unlawful killing is increasing day in dayout at universal level. This paper sets to examine the legal framework in place to controlunlawful killing. It will also examine the degree of effectiveness of the control and will makesuggestion on how law can be improved upon to put unlawful killing under control in thesociety. 

Author(s): Umar Alkali

In 2017 Journal VoL.2

By UNIMAID JICOL

Every human being is entitled to enjoy the right to life. Survival and development areused in place of the right to life in some quarters. The essence of life can be defeated isbasic necessities required to live is not provided. A child is considered vulnerablebecause adults take decisions for them and the survival largely rests in the manner theyare handled by adults.  

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.  

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): 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.