Author(s): Atiku Said Haliru•Hafsat Muhammad Ali

In 2024 Journal Vol.9

By UNIMAID JICOL

The Tsangaya system of education, a traditional Islamiceducational model predominantly practiced in northernNigeria and parts of West Africa, has a rich historicallegacy and significant cultural relevance. This paperexplores historical context and contemporary practices ofTsangaya system of education for future prospects in thecontext of modern educational needs and reforms. Thepaper delves into the origins and evolution of the system,highlighting its contributions to the social fabric in itsheydays. The paper finds that Tsangaya system faces stiffchallenges. Such as its alignment with modern educationalstandards and the welfare of its students, known asAlmajirai ( of almajiri). Issues such as inadequateinfrastructure, lack of standardized curriculum, child labor,and poor living conditions of the Almajirai are examined indetail. Recommendations for legal and regulatoryframework for better policy interventions, stakeholdercollaboration, and sustainable funding mechanisms areprovided to support the modernization and revitalization ofthe system. 

Author(s): Mohammed Amin Umar•Garba Umaru Kwagyang

In 2024 Journal Vol.9

By UNIMAID JICOL

Internally displaced persons are entitled to quantum ofHuman rights that are peculiar to them. These rights wereambitiously reiterated under international laws and otherinstruments as their entitlement, as vested rights belongingto the IDPs in Nigeria. The discourse within the purview ofthis paper is to critique these rights as to their applicationor implementation in Nigeria. Thus, Human rights aresolemnly declared in the 1999 constitution as non-violablerights but belonging to all human persons in Nigeria,including internally displaced persons. They areemphatically fundamental that a chapter was dedicated toit in the 1999 Constitution in Nigeria. However, theConstitution did not provide corresponding punishmentwhere these rights were violated but emphatically declaredthat the provisions are fundamental. This paper isconcerned with reparation rights to the IDPs which sadlythe federal government failed, neglected and refused topay. The methodology adopted herein is qualitative methodas the main thrust of this paper is to interrogate the existingstatutory framework and other instruments to determine theapplication and implementation or otherwise of these basicHuman rights that are peculiar to IDP in Nigeria. The paperfound that even though these basic rights were conceivedwithin Human rights interpretation, they were not enactedin any statutes in Nigeria; and therefore, not enforceable They are hollow expression with so much significance butno corresponding penalty in the event of violation. Finally,the paper will offer suggestions and recommendations. 

Author(s): KAMALDEEN OLAITAN SALMAN

In 2024 Journal Vol.9

By UNIMAID JICOL

The world is created in such a way that no one cancompletely exist independent of another especially when itcomes earning a living. Thus, engagement in oneemployment or the other becomes inevitable. In view of the inability of the government to provide employment for alland sundry, private organisations sprung up to fill the largevacuum within their limited capacities with faith-basedorganisations not left out. The problem of job andemployment discrimination thus ensued. Hence the topicaldebate whether a non-Muslim can be employed in anIslamic organizational setting. The study relies on thedoctrinal method of legal research to examine the legalimplication of Qur’an Chapter 4 verse 144 on employmentof non-Muslims in an Islamic organizational setting. Thestudy explores the general rules and exceptions pertainingto non-Muslim employments in an Islamic organization.The study finds that the positions of Islamic jurists foundedon the Sunnah of Prophet Muhammad copiously supportedemployment of non-Muslims in Islamic organization withsatisfaction of certain conditions precedent includingobservance of non-discrimination, meeting jobrequirements and qualifications, respecting religiousbeliefs of one another within the organizational setting andlegal considerations. The study recommends activeemployments of non-Muslims in Islamic organisations as away of showcasing the beauty of Shari’ah principles to thenon-Muslims for proper inevitable human peaceful coexistence. 

Author(s): Mohd Jamiu Ayinla-Edun

In 2024 Journal Vol.9

By UNIMAID JICOL

In the year 2023, the Nigerian Currency was redesigned.The redesign was envisioned to ensuring various socioeconomic advantages. The arguments in favour of theNaira redesign were that the policy was overdue withregards to best practices; it has the ability to combatcurrency counterfeiting, crimes as well as retract currenciesoutside the banking system among other benefits.However, the implementation of the policy plunged thecountry into serious socio-economic, financial and politicalquagmire. The negative impacts seem overweighingcompared to the envisaged benefits. The aforesaid situationthus informed the adoption of doctrinal methodology toinvestigate the Islamic law perspective on theimplementation strategy of the Naira redesign policy. Thepaper found that the implementation was in counterdistinction with the Islamic law principles and concludedthat the implementation of the policy should have beensuspended to avert the avoidable hardships witnessed in thecountry by reason of the policy.

Author(s): Mohammed Aliyu BabakanoMohammed Amin UmarAishatu Kyari Sandabe

In 2024 Journal Vol.9

By UNIMAID JICOL

Qur’an does not contain express text that resolvearguments on the cultural practice of Female Circumcision,whereas there are Sunnah of the Prophet (s.a.w) thatdescribe the practice as optional. The Sunnah of theProphet (s.a.w) does not directly prohibit the practice.However, it allows the exercise to be light with cautionagainst harming women, On the other hand, femalecircumcision is outrightly prohibited and sanctioned bymunicipal, regional and international laws. Nigeria beingresponsible member of the international community haspromulgated legislations and policy guidelines foreffective and sustainable eradication of femalecircumcision. It is in the light of the foregoing; this paperappraised the practice of female circumcision within theNigerian legal framework. It also appraised the subjectfrom Islamic law perspective. The paper further appraisesthe effectiveness of the laws and policies as to whether ithas achieved its objectives. The paper principallyemployed doctrinal research methodology, but due to thecomplexities and sensitivity of the subject, interviews wereconducted on selected respondents. It is found that theexisting legal framework prohibiting the practice of femalecircumcision has not achieved it desirable objective, because of lack of awareness of the existence of the lawsby majority of the victims. 

Author(s): MOHD JAMIU AYINLA-EDUN & ADEKUNLE SAHEED

In 2024 Journal Vol.9

By UNIMAID JICOL

The debate over whether Nigeria is a secular state haspersisted for a long time. This debate is often grounded inthe assumption that Nigeria, influenced by its colonialmasters and other Western jurisdictions that explicitlydeclare their secularism in their constitutions, should alsobe secular. While this declaration suits the culturalcomposition of these Western countries, Nigeria's culturaland religious composition is complex and dynamic. Thiscomplexity creates a challenging environment fordeclaring Nigeria a secular state. The recognition andintegration of Islamic Law (Shar’ia) within the countryfurther complicate this issue, as Shari’ah lawfundamentally opposes secularism. Therefore, the doctrinalmethodology was employed in this paper to examineNigeria's laws and other relevant literature to determine thenation's stance on secularism. The paper concludes thatbased on constitutional evidence and prevailing practices,Nigeria is not a secular state but a multi-religious one,where no single religion holds supremacy over the others. 

Author(s): Ahmad Jibrin Suleiman

In 2024 Journal Vol.9

By UNIMAID JICOL

Current global and national challenges have raised series ofquestions regarding Islamic law and global challenges ofpeace, violence and armed conflict. This call formethodological analysis of these concepts: Peace, Violenceand Armed Conflict. This paper provides an in-depthexamination of peace, violence and armed conflict inIslamic jurisprudence, exploring the various dimensions ofthese concepts and their implications for Muslims and nonMuslims. The paper concludes that Islamic Jurisprudencehas far reaching provisions that can be harnessed andenforced to tackle the chaotic challenges of violence andwar that have bedeviled peace and right to peace indeveloping nations across the globe especially in theIslamic hemisphere. 

Author(s): Isa Yusuf

In 2024 Journal Vol.9

By UNIMAID JICOL

The importance of land to human existence cannot beoveremphasized. This is because it is from land that mangets essential items for his survival. Such as food, fuel,clothing, shelter, medication and others. Hence, anylegislation on the subject will attract the interest of public.Therefore, this paper using doctrinal researchmethodology, reviews some selected decisions of theSupreme Court of Nigeria decided under the relevantprovisions of the Land Use Act (1978); and found thatenormous powers are given to the governors in relation tothe control and management of land in their respectiveStates ; also, an inelegant drafting of some provisions ofthe Act and the attitude of the Supreme Court ininterpreting the provision of section 5 of the Land Use Actin isolation from other provisions of the Act, open doorsfor debates and arguments as to the extent of the governors'powers and the relevance or otherwise of section 5(2) ofthe Act. It is thus, recommended that the Act needs to beholistically reviewed. 

Author(s): Mohammed Bashir Tanko , Prof. K. A. Olatoye , Prof. M. T. Abdulrazaq, SAN

In 2024 Journal Vol.9

By UNIMAID JICOL

Nigeria operates federal system of government wherebyconventional system of financing is accommodated in itslegislations as a result of British colonization. In thetaxation of Islamic financial products, the disparity inprinciples that exist between the conventional financialsystem and Islamic financial system on the tax regimes asit relates to treatment of interest is a fundamental issue fortax purposes. This paper examined taxation of Islamicfinance in Nigeria whereby looked at the integration ofIslamic tax system and challenge of robust framework. Thepaper used doctrinal research method whereby primary andsecondary sources of materials were examined for thestudy. The paper found that the existing framework fortaxation of Islamic financial products in Nigeria isinsufficient; and even the administrative body is notcapable of proper administration of the Islamic tax system.Therefore, the paper recommends for a parallel legalframework for the taxation of Islamic financial institutionsin Nigeria; and a different administrative body. The paperalso recommends for scholarly view (fatwa) on the Zakatpayment on monthly income of employees from public andprivate employment as obtainable in Malaysia.