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): 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): 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): 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): 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 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): Hamidu Ardo

In 2018 Journal VoL.3

By UNIMAID JICOL

One of the missions brought by Religion of Islam to mankind is to upgrade thestatus of women and make it equal with status of men. Before the coming of Islamthere was a culture of ignorance which Arabs practice by burying their daughtersalive, because they think it is a burden or disgrace to members of the family.1 WhenIslam came, this culture or tradition was totally abolished, and women wererecognised as individual who have right of inheritances2. The Holy Qur’an clearlyasserted equality to both genders, for instance it is stated that God has createdmales and females with the aim to acquaint themselves with each other.3 Thegeneral principles of sharia is that the duties and rights of women are equal to thoseof men, thus the rights and duties of men and women are identical. women havebeen assigned some duties towards men and also men have been assigned certainduties towards women. This was explain by the provision of Quaran which says:“And they (women) have rights similar to those of (men) over them in kindness’’4This paper will state the equality between men and women as provided in theQuaran, hadith and other sources of Islamic law, and it recommend that peopleshould be educated to know that Islam does not discriminate between men andwomen , in the sight of Allah both of them are equal.The Almighty Allah says: “For Muslim men and women, for believing men and women. For devout menand women, for true men and women, for men and women who are patient andconstant, for men and women who humble themselves, for men and women whogive in charity, for men and women who fast (and deny themselves) for men andwomen who guard their chastity, and for men and women who engage much inAllah’s praise, for them has Allah prepared forgiveness and great reward”56In the above verse of Holy Quran Almighty Allah has equated female with theircounterparts. Islam regard women and men as human being of the same essencecreated them from a single soul. Both of them has complete independentpersonality in Islam. In this paper I will focus on the issues of gender equality underIslam.  

Author(s): Atiku Haliru Said

In 2018 Journal VoL.3

By UNIMAID JICOL

The study examines basic principles of Islamic economic banking system, the work is to bringinto focus viable methods by which an interest free banking will mobilize savings and idle fundsof an economy and make them available for use without engaging into “riba” or (interest). Thestudy put emphasis on the need to correct the impression not only throwing light on thealternative mode of carrying out banking system without interest, but also to analyze otheraims and objectives of an Islamic economics and banking as an instrument of monetary policyin an Islamic economy, the study cover areas or an Islamic economics system which includeits distinction from other ideologies (for instance, communism, capitalism) as well as the roleof Islamic banking in an Islamic economic set tip

Author(s): Ali Abdulkadir Waziri P.h.D , Halima Doma Ph.D

In 2018 Journal VoL.3

By UNIMAID JICOL

Many emerging economies like Nigeria urgently require huge investment in infrastructure forincreased capital expenditure. Developing countries generally have difficulty in raisingfinancial infrastructure, yet short falls in infrastructure development reduce the quality of lifefor citizens and inhibit productive capacity of economies. Economic growth, quality of life andsupport services essential to the need of citizens depend on robust infrastructure, industrialgrowth, and infrastructure to produce goods at competitive prices. The fact that infrastructureprojects typically have a large scale upfront capital requirement, a long initial period withoutreturns, and extended payback period calls for innovative financial models. Thus, conventionalbonds and Sukuk, attempt to mobilise the funds from surplus spending units to shortagespending units. However, under Islamic Law, there are fundamental risk/return differencesbetween them- money (debt) is the underlying asset in conventional bonds while the underlyingasset in Sukuk is the exact asset. This paper concludes that Sukuk provides for greater returnand financial security than conventional bonds. Although, the CBN Act and BOFIA regulateboth the conventional and Islamic finance. Therefore, the paper recommends that much has tobe done for legislation in Sukuk within the Nigerian Islamic finance industry in order tocompete in the global industry.