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. 

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): 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): 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): 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): Abdulkadir Mubarak Ph.D

In 2021 Journal VoL. 6

By UNIMAID JICOL

This paper focuses on the African Union’s (Au) initiativesfor peace building in post conflict situation in Africa. Thispaper finds that in legal frame work, the AU’s approach topeace building is unique and qualitative unlike that in theOAU charter. This paper concludes that even though theAU to some extent has recorded successes in terms of peacebuilding in the African continent, it still faces somechallenges that need to be addressed. The AU’s overreliance on external forces for peace building in Africa isone of the challenges facing the union that should becurtailed for its undermining effort of the union andhindering African brains from initiating ways for selfreliance in resolving African internal issues. 

Author(s): Musa Usman Abubakar

In 2020 Journal VoL. 5

By UNIMAID JICOL

AbstractThis article examined the phenomenon of rape in the Northernpart of Nigeria, particularly in the eleven states with anentrenched Islamic legal regime with a view to profferingsolution within the Islamic law, for the latter to serve more as asword than a shield for rapists. It evaluated the current regime andfound that it is very influenced by the position of Ibn al-Qāsimsuch that rape is perceived as a variant of zina, thereby requiringfrom the victim a very high standard of proof. Using doctrinalresearch methodology, the article found that the adoption of thisview has made impossible for the Sharia court to convict asuspected rapist on the strength of evidence of four reliablewitnesses. It further found that a paradigmatic shift is possibleparticularly, as during the formative period of Islam, rape wasconsidered an independent offence of violence against womenwith flexible means of proof. It therefore behoves the States inthe Northern part of Nigeria to consider amending their respectiveSharia penal codes to properly contain or combat the menace ofrape.  Rethinking the Offence of Rape as Violence Against Women Under IslamicLaw: A Paradigm Shift

Author(s): Ibrahim Muhammad Ahmad , -Muhammad Shettima , -Magaji Chiroma , -Mohammed Babakano Aliyu

In 2020 Journal VoL. 5

By UNIMAID JICOL

AbstractDispute is common in human co-existence. Therefore,establishment of judicial institution is necessary for every society.Theories of court system are rules that guide resolution ofdisputes in Islamic courts. This paper examines theory of IslamicCourts and its practice in Nigeria. It adopts doctrinalmethodology in the analysis of the fiqh theories. However,doctrinal and empirical methodologies were used in examiningthe Nigerian regime. The paper observes that Nigerian legal Theory of Court System under Islamic Law and the Practice in Nigeria training does not avail one a considerable knowledge in Islamiclaw and thus leads to scarcity of talents in the practice andapplication of Islamic law in Nigeria. The paper recommends forreview of the Nigerian legal education curriculum and its trainingsector. Arabic should be adopted as one of the languages ofinstruction in Shari’ah education and training. Training andretraining of judges of Sharia Courts on Islamic law should beimproved. This can be done by entering into bilateral agreementwith some traditional Ulama and foreign universities. 

Author(s): Musa Abubukar , Dahiru Jafaru Usman PhD

In 2020 Journal VoL. 5

By UNIMAID JICOL

nd Dahiru Jafaru Usman PhD2AbstractNigeria’s court system is hierarchical with an appeal system fromlower courts to the Supreme Court. Appeals could originate fromShari’ah Court to the Supreme Court through the High Court. Allappeals from Upper Shari’ah Courts (USCs)except on Islamicpersonal law lie to the High Court. This remains the case despitethe fact that the High Court applies principles of Common Lawand the fact that Shari’ah rules of evidence are declared alien tothe High Court. Adopting the doctrinal methodology, this papercritiques the traffic of appeal from the Kano State USCs to theHigh Court of Kano. The paper found that most High CourtJudges are not learned in Shari’ah; some are not Muslims, and theHigh Court has no Shari’ah Division. The implication is that thesystem allows non-Muslims and persons not learned in Islamiclaw to preside over appeals on matters of pure Islamic Law.Additionally, the paper confirms that while Sharia places weighton the gender and religion of Judges, Common Law does not. Theinvolvement of female High Court Judges in the determination ofShari’ah appeals contradicts the basic principles of Shari’ah. Thepaper therefore, recommends the reorganization of the appealsystem from Kano State USCs to the High Court. The paperfurther recommends amendment to Sections 233,234,244,247and 277 of the 1999 Constitution (as amended) to allow the trafficof appeals from USCs to the Sharia Court of Appeal on allquestions of pure Islamic Law. Alternatively, provisions beinserted mandating the appointment of High Court judges learnedin Islamic law and/or administrative divisions to handle Shari’ahappeals.  The Legal Implications of the Appeal System from Upper Shari’ah to the HighCourt of Kano under the Nigerian Legal System