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Browsing Art by Author "Adedoyin-Raji, J.O."

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    ANALYTICAL REVIEW OF THE INFLUENCE OF TECHNOLOGY IN THE CHANGING PATTERN OF ISLAMIC MARRIAGE*
    (Department of Public and International Law, Nasarawa State University Keffi, 2022-06-06) Adedoyin-Raji, J.O.; Aliyu, Umar Adamu
    Information and Communications Technology (ICT), as a modern system of communication offers new opportunities for transforming the manner in which practically everything is done. The whole world has embraced technology; and because Islam is a complete way of life, ICT has made a global impact on how Muslims approach, interpret, and practice Islam. Although much has been written about the impact of technology on the practice of Islam generally, there is a dearth of research on how the use of technology affects the manner in which Islamic marriages are contracted and terminated. Accordingly, this paper considers the impact of technology as a medium for marriage and divorce contracts among muslim couples. Drawing on primary and secondary> materials, the paper finds that contracting marriage and issuing divorce through digital means are valid as long as all requirements as stipulated under the Qur’an and Sunnah are met. The paper however finds that such practices are prone to abuse which often result in unpleasant outcomes for the parties involed (particularly women and children), their respective families, and even the society at large- because families are the bedrock of society. The paper concludes by making recommendations for cautionary measures, and the articulation of the position of Islam on issues regarding marriage and divorce in tune with the changing times.
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    THE INDIGENOUS PEOPLE AND ENVIRONMENTAL CONFLICTS: REFLECTION ON ENVIRONMENTAL DEMOCRACY FOR CONFLICT RESOLUTION
    (Department of Public and International Law, Nasarawa State University Keffi, 2021-04-19) Adedoyin-Raji, J.O.; abdulkadir, Bolaji Abdulkadir; Mashod, Ademola Abdulkareem
    Researchers have shown that over the last sixty years not less than forty percent of all intrastate conflicts have a link to natural environment. As the world population continues to increase, and the demand for resources continues to rise, there is momentous potential for conflicts over natural resources to intensify in the coming decades. The indigenous people see themselves as the owner of the land and thus entitled to anything beneath it. This is so because the life of the indigenous people and their survival is predominantly tied to the environment in which they live. This believes has resulted into a conflict between the people and the government. Worse of all, the indigenous people are in most cases neglected and even were not consulted in matters relating to their environment. This, the indigenous people perceived as lack of concern on the part of the government which further contributed to the escalation of conflict over resources and other genetic materials. The acknowledgment that environmental issues can contribute to violent conflict underscores their significance as pathways for cooperation, transformation and the consolidation of peace in war-torn societies. Natural resources and the environment can serve as tools for peace building through economic development and the generation of employment, just as cooperation over the management of natural resources can foster peaceful atmosphere in the relevant area. It is thus imperative that these factors are taken into consideration from the outset. This paper therefore argues that there is a need to involve the indigenous people in decision making on matters of development and use of available resources that affect the environment in order to ensure a friendly atmosphere between the government and the indigenous people who are regarded as part of that environment.
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    LIMITING ACCESS TO COURT TO ENFORCE FUNDAMENTAL HUMAN RIGHTS IN NIGERIA: THE CASE OF KALU ONUOHA VS. THE STATE REVISITED
    (Department of Public and International Law, Nasarawa State University Keffi, 2015-05-08) Adedoyin-Raji, J.O.; Adedayo, T.I.
    Access to court is an enduring and irrevocable element that shapes us as human being. It is trite that anarchy and collapse of the society will be occasioned where right to access to court is suspended or removed. Thus, the fabric of the society is held together by the ability of an individual to approach the court and get justice for any wrong visited on him cither by an individual or a corporate body. Consequently, this paper examines the various measures through which access to court is being restricted or curtailed. It also sheds light on the various limitations using Kalu v The State as a cases study. The writers rely on published and unpublished materials like statutes, decided cases and internet materials. The paper finds that access to court is severely shortened through measures which were supposedly intended to protect both the applicant and the court. 1 he study also revealed that adequate remedy has been put in plaec to protect the applicant in the event of the breach of his fundamental human rights. In conclusion, the 1999 Constitution and various statutes provide some basic remedies to be explored by the applicant where his fundamental human right has been violated. It is recommended that various provisions in our laws and statutes that
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    PROTECTION OF ENVIRONMENT AND HUMAN RIGHTS FOR SUSTAINABLE DEVELOPMENT: A SURVEY OF JUDICIAL ATTITUDE IN SELECTED JURISDICTIONS
    (Department of Public and International Law, Nasarawa State University Keffi, 2020-08-13) Adedoyin-Raji, J.O.; abdulkadir, Bolaji Abdulkadir; Mashod, Ademola Abdulkareem
    The protection of human rights and the environment are interrelated. This is so in view of the fact that the protection of one leads to the protection of the other. Therefore, protecting the environment is sinquanon to the realization of basic human rights. Although there may not be express provision in most national law recognizing right to environment; however courts have been able to include the right to a healthful environment in the interpretation of some basic rights. It is on this premise that this paper intends to investigate into judicial interpretation of the correlation between the protection of human rights and the environment.
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    SITUATING THE MISCONCEPTIONS ON ISLAMIC LAW POSITION ON ADOPTION AMONG MUSLIMS AND NON-MUSLIMS IN ITS PROPER PERSPECTIVE
    (Department of Public and International Law, Nasarawa State University Keffi, 2017-11-13) Adedoyin-Raji, J.O.; Yusuph, Abdulwahid Abdulraheem; Zubaedy, Abdurroheem Abdulganiyu
    Islam, from which Islamic law is derived, teaches Muslims to treat their neighbours kindly and protect them and respect their rights. Under Islamic law, there are misconceptions amongst Muslims and Non - Muslims in Nigeria and the World over, as to whether, Islamic law prohibits adoption or not, due to the misinterpretation of the provisions of the Qur 'an on adoption, which this study intends to correct, though it is a common knowledge that, adoption is also recognized under the Western/Common law. Thus, this study examines adoption, the laws regulating it under Islamic law and the positions of laws in other jurisdictions. The study relies on the Qur’an, Islamic law books, Common law books, articles in journals and internets. The study reveals that, the cause (s) of the misconceptions, is centered on the adoption of Zaid Ibn Harithah by Prophet Muhammad (SAW) and its legal implications on adoption. Under Islamic law, as different from Western/ Common law, the principle and integrity of biological relationship is recognized and preserved for adoption. The study concludes that, Islamic law does not just recognizes adoption, but rather permits it, as a means that entails enormous rewards in this world and the hereafter.
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    SOCIO-ECONOMIC RIGHTS VIOLATIONS IN IDP CAMPS IN NIGERIA: CASE STUDY OF BORNO AND CROSS RIVER STATES
    (Department of Public and International Law, Nasarawa State University Keffi, 2020-08-11) Adedoyin-Raji, J.O.; Akingbade, Samuel Oyelekan
    The increasingly disturbing rate of internally displaced persons as a result of terrorists and militant attacks across Nigeria in recent time has raised a grave concern. More disturbing and worrisome is the fate of the victims of various meaningless attacks (the victims) whose human rights are often violated. Their situation have had increased tremendously today posing great implication of both national and international concern. To address this disturbing situation, a myriad of legal, institutional and policy framework both at national and international levels have been enacted. The research focuses on the rights of the internally displaced persons as a result of terrorists and militia attacks in their various camps within Nigeria and how such rights are violated and the way forward. The research adopts qualitative and doctrinal approach which entailed the use of relevant literature including international instruments, reports and general comments/recommendations. It was found that the state of the welfare of the Internally Displaced Persons in all the camps in Borno and Cross River is quite pathetic and worrisome as they live in deplorable situation that eroded their dignity and existence as Nigerians. Despite billions of Naira earmarked to caterfor the improvement of the various camps to restore their dignity and help fight trauma experiences as a result of the displacement which has taken eroded their esteem and ability to their daily need. Some persons charge with the responsibility of ameliorating their plight compounded it be aggressively perverting foods and items donated by governments and nor governmental organizations without and proper mechanism put in place by the government or donor organics to monitor compliance and put in place feedbacks mechanism for proper checks. It was recommended that The state and federal government should put in place mechanisms monitoring the activities of the people charge with the responsibility for the welfare of the IDPS and feedback mechanism for checks and provision of basic facilities/functional hospital with resident doctors and medical staff that stay within the camps with the responsibility of tending to the health of the people in the IDPs camps.