Author(s): UNIMAID JICOL

In 2024 Journal Vol.9

By UNIMAID JICOL

Volume IX, No. 1 June, 2024 

Author(s): Ibrahim Muhammad Ahmad•Mohammed Babakano AliyuAishatu Kyari Sandabe

In 2024 Journal Vol.9

By UNIMAID JICOL

Pursuit for knowledge is compulsory. It is the sole featurethat distinguishes human race from other creatures.Without knowledge one is equal to an animal. Shari’ahguides and regulates Muslim’s conducts and equally thenon-Muslim who willfully submits to its jurisdiction. Theconduct in this sense is holistic of both spiritual andmundane. However, the question that sprung up here iswhether knowledge of Shari’ah is obligatory to a Muslimand particularly to lawyers and judges who representclients and adjudicate on Islamic law matters. Similarly, inmodern legal systems, Shari’ah play a vital role in manyaspects. Particularly, in the judiciary, politics, governanceand finance industry. Most of the world’s Muslim-majoritycountries have laws that reference Shari’ah. Many westerncountries also adopt Islamic model of finance in theirfinance industry either as a window or full-fledged. 

Author(s): Zakiyya Haruna , , Usman Ibrahim Abubakar

In 2024 Journal Vol.9

By UNIMAID JICOL

Usul al-Fiqh (Islamic Law of Jurisprudence), as a field of knowledge, evolved over centuries as a result of intellectual struggle by scholars in keeping its context in the phases of changing times and emerging issues in the Muslim communities. This undeliberate development, which necessitated the excessive use of ijtihad (exerting one's effort to deduce a legal ruling from the text) in resolving challenging issues, was attributed but not limited to the dispersal of the early scholars among the Sahabah (Companion of the Prophet) and Tabi 'un (the followers of the Sahaba). The compilation and codification of Figh (Islamic jurisprudence) has constricted the use of Ijithad to the Madhab (schools of thought) reference. This period perceived the door of ijtihad to have been closed, hence Muslims became constricted Taqlid (blind followership of a particular madhab and discouragement from exercising ijtihad even when there was a need to). This article examines the development of Usul al-Fiqh and its relevance as a field of knowledge. It also examines the doors of Ijtihad as to whether they are actually closed. The research finds that, the theoretical variations in the perception of ijtihad creates multiple approach in analyzing and understanding the concept of taqlid. The research. concludes that, the door of ijtihad is still open with certain...

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.

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): 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): 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): 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

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.