Department of Islamic Law and Jurisprudence
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Item Open Access ANALYSIS OF MURABATHA TRANSACTION UNDER ISLAMIC LAW(DEPARTMENT OF ISLAMIC AND JURISPRUDENCE,FACULTY OF LAW, NASARAWA STATE UNIVERSITY, 2018-08-03) Abdullahi, UsmanItem Open Access APPRAISAL OF USE OF HIYAL (LEGAL STRATAGEMS) IN ISLAMIC BANKING(Department of Islamic Law and Jurisprudence, Nasarawa State University, Keffi., 2021-06-02) Aliyu, Fatima AbubakarThere is a growing global interest in Islamic finance and economics. An Islamic bank is a financial institution that is governed by Islamic law in its objectives, practices, operations, and principles. The methodology adopted in this work is doctrinal, qualitative and based on libraryoriented research, covering books, journals and Internet based research. The objective of the study is to appraise the use of hiycd in Islamic banking. This work examined the guiding rules unanimously acknowledged regulating Islamic banking and finance; these are the prohibition of interest (riba), uncertainty (gharar) and games of chance (maysir); and the promotion of profit and loss sharing. Hiyal on the other hand, is an Islamic juristic term, which refers to the application of legal stratagems to avoid hardship in one’s commitment to Islamic rulings. It has been used as a legal device in Islamic jurisprudence to actualize a legitimate objective. Therefore, the use of legal stratagems (hiyal) in developing Islamic banking products is considered primarily in this work. Islamic financial institutions rely heavily on hiyal to operate in a predominant conventional financial system. The work identified two major objectives of hiyal based on two schools of thought - economic expediency via doctrines of necessity and public interest, and Shari’ah compliance theorists arguing that hiyal are aimed at circumventing the Shari ’ah. ITiyal treatment under the various schools of Islamic jurisprudence was also identified. We also, examined the use of hiyal in banking products such as hawala, ijarah, murabaha, mudaraba, tawarruq, bai ’al-inah, and parallel salam. These products reveal that in some instances hiyal is utilised to bring them in conformity with the rules of Shari’ah without overriding the overall objective of the Shari ’ah. It was concluded that the objective of Islamic law (maqasid al-shar’Tah) and practicality should determine the validity and use of hiyal in commercial transactions.Item Open Access AN ASSESSMENT OF THE PRODUCTS OF JAIZ BANK PLC UNDER PRINCIPLES OF ISLAMIC LAW NIGERIA(Department of Islamic Law and Jusrisprudence, Nasarawa State University Keffi., 2019-03-11) Datti, Muhammed SaadatuIslamic finance is a phenomenon that is increasingly recognized in the world’s financial markets. Since its inception in the late 20th century, Islamic Banking has been one of the most controversial institutions. Despite its accelerated growth, it remains plagued with challenges, the biggest of which is a common man’s perception about Islamic banking as a sharia compliant alternative and an eligible structure remains a highly strenuous task owing to numerous factors. The choice of this topic is informed by the growing demand for Islamic banking products and transactions in recent times. This work sets out to explore the various products and transactions of Islamic banks and their conformity to Islamic law, with reference to Nigeria’s Jaiz Bank pic the paper identified two major product, i.e, Tawarruq and Bai A l Inah which are highly controversial among scholars because of their applicability and anticidents.. The paper also uses exhortations from the noble Quran and Hadith on good practice of morality, justice and equity relating to business and monetary issues. The methodology adopted is doctrinal research which is essentially library based. The research work found that although the Islamic banking provided an ethical alternative to conventional banking and most of its products could be deemed compliant with the doctrines of Islamic law, there are however products that are highly contentious in respect to their permissibility ethically, and which are bound from use in some jurisdictions. The research work concludes that Islamic banking would continue to contribute to the growth of world economies and its products and transactions are largely in tandem with the intensions of Islamic law. This research recommends that Islamic banking in Nigeria should have its own distinct and comprehensive legal framework for it to thrive and be able to compete favourably with its conventional counterpart. Also, there is a dare need for the banking sector to create awareness about Islamic banking to assuage the fears that Islamic banking is for Muslims only, or that its introduction into the country is to Islamize Nigeria. There is also an urgent need for more Islamic banlzs to come into existence to meet the growing need for ethical banking in Nigeria. Banking is the main support and backbone of any country's economy. However, the practices of conventional banking system are unlawful and prohibited from the Islamic perspective. The main reason for prohibition is due to Riba (interest) and hence, for the muslims, it is necessary to have Islamic banking system. Many researchers have conducted the research in Islamic banking and finance and most of the researchers have looked at the efficiency and profitability of Islamic bank but the focus of this research shall be on the shariah compliance of the various products and transactions of Islamic Banks, numerousItem Open Access CUSTODY OF CHILDREN UNDER ISLAMIC LAW: AN EVALUATION OF THE ISSUES AND TRENDS IN NORTHERN NIGERIA(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, NIGERIA, 2017-04-10) Musa, Yahaya.ABSTRACT This study focused children and its consequences under Islamic law in the northern Nigeria. It aimed at examining the family structure in northern Nigeria. The specific objectives were: (a) the examination of the child as the most vulnerable members of the society, lacking the physical, emotional and mental maturity required to face life, their need of special safeguards, care, maintenance and protection, (b) abused, maltreatment and neglect of the child which stunt it psychologically and physically, and removed its confidence °f facing life, (c) The study will identify and analysed various factors that are responsible for the violation of the rights to custody in northern Nigeria and will thoroughly evaluate the harmful customary practices. It is within this context that the effect of family breakdown on the people of northern Nigeria is examined and the study finally will restate the extent of the rights to custody. Doctrinal method of legal research was adopted for this research design and methodology, while the combinations of analytical, historical, comparative and descriptive research methodology were implored for the analysis and presentation of the final report of this study. The main sources of information and data collection for this study were the Qur’an, Sunnah, Qiyas, Ijma, ijtihaad, various legal documents and materials which were critically examine, reviewed and analysed as contained in Chapter Five of this study. For our summary of findings, our critical analysis and review of information « obtained for this study reveal that (a) there are several provisions of the Islamic laws spelled!out and protect the right of the children to custody and make provisions as to who should be entitled to custody in event of divorce (b) The Qur ’an, Sunnah, Qiyas, Ijma, ijtihaad are the laws that regulate family relationship, custody inclusive, (c) Judicial decisions are considered and thoroughly analysed, though, a wide gap exist between the community and the law because of illiteracy and the cost of litigation (d) It was established that the violation and abuse of the right to custody of children were caused by several factors, including the customs, widespread poverty and ignorance that undermine the parties ’ ability to seek redress in court, tolerance of such violation by the community and preference to men as against women. Based on our findings, some recommendations are made as follows: (i) fear of Allaah and proper knowledge of the Qur’an and Sunnah (ii) a need for a strict adherence to Qur’an and Sunnah (Hi) re-orientation of the community on the children custody rights through awareness programs and symposiums (iv) a need for more judges who are learned in Islamic law, (iii) strict application of the Islamic law principles in all cases. evaluating the trend on of issues of abuse of right to custody of I xmItem Open Access AN EVALUATION OF PRELIMINARY STEPS TO A MARRIAGE CONTRACT UNDER ISLAMIC LAW(FACULTY OF LAW NASARAWA STATE UNIVERSITY, KEFFI, NASARAWA STATE, 2016-08-26) Mohammed, Gareeb UsmanNigeria has a multi religious and multi-cultural diversity with various practices, as a result of minglings, making friends and study under one roof with other religious believers other than Islam has made overwhelming majority of the Muslims to be ignorant of their religious practices, especially Islamic Law of Marriage, where as it is the legal basis upon which the legalization of sexual relation, procreation and tranquility basically revolves. This makes Muslim to face difficulties in understanding and differentiating between applications of the rule of Islamic law proper, and the non-Islamic customary law. It is as a result of this problem that the topic of this thesis namely "An Evaluation of Preliminary Steps to a Marriage Contract Under Islamic Law” has been chosen. Marriage under Islamic is a highly and essentially important topic with a considerable value to assist Muslims who have intention to marry. Marriage in Islam is the basic unit of human civilization, and is the first solid foundation of the family. This work is consisting of five chapters. Chapter one is an introduction consisting of definition of marriage, sources of Islamic law, position of marriage according to other systems, other than Islamic forms of marriage; such as statutory marriage, Christian marriage, common law and customary law marriage, and marriage in Arabia before Islam. The chapter also convoys that marriage in Islam is obligatoiy compared with the practice of celibacy. Chapter two begins with the preliminary steps to marriage contract in Islam. The chapter went ahead with the discussion of selection of spouses. The Chapter also discussed guardianship of marriage in Islamic law condition of marriage guardian, classes of marriage guardian and who is entitle to guardianship. Chapter three is about formula i.e, the formation of marriage contract in Islam. It talks about offer and acceptance, the capacity of the parties and place of making the offer. The chapter also accommodates discussion on Khitba and its validity, the necessity of the witnesses and their position in the marriage contract. It is noted that there can be no valid marriage without dower (Mahr). This chapter equally discussed the concept, nature and classification of Mahr as to when to be paid and how. Chapter four is all about impediment. This is because Islam has drowned an effective legal line on marriage guideline on who to marry etc. There is permanent and temporary prohibition which Allah (SWT) has given reasons for that in the Glorious Quran and commented by Prophet Muhammad (SA W). Chapter five which is the last chapter draws the conclusion of this work and it consist a brief of all what has been discussed in this thesis. Some suggestion and observations were made which I hoped would help in addressing the problems associated with marriage in Islam, particularly of inadequate knowledge. viiiItem Open Access EXAMINATION OF THE LAWS AND REGULATIONS OF ISLAMIC BANKING AND FINANCE IN NIGERIA VIS-A-VIS THE NIGERIAN FINANCIAL SYSTEM(Department of Islamic Law and Jusrisprudence, Nasarawa State University Keffi., 2021-01-01) Musa, Abdulbasit IsmailLaws which govern Islamic Banking and Financial institutions in Nigeria exist owing to the plural legal system in the country. This plurality involves both the Islamic and statutory laws enacted by the National Assembly. Islamic Banking and Financial Institutions must therefore, not only comply with the legal rulings and injunctions contained in the Quran and Sunnah, but must also comply with the laws and regulations imposed by the Constitution, Banks and Other Financial Institutions Act, Central Bank Act, and Nigerian Deposits Insurance Coiporation Act amongst others that constitute the regulatory framework of the Nigerian Financial System. This work intends to analyze the said laws with the objective of identifying and filling the lacunae therein, in order to forestall future legal obstacles to the system. This study therefore analyses this convoluted legal hybridity and suggests ways of overcoming any obstacles. The methodology utilized in this research is that of literature review. This study concludes with the suggestion that the said obstacles may be overcome through more emphasis on the use of religious legislation, amendments to the constitution, and a new legislation.Item Open Access EXAMINATION OF THE REGULATORY FRAMEWORK TOWARDS SUSTAINABILITY OF ISLAMIC FINANCIAL INSTITUTIONS(Department of Islamic Law and Jurisprudence, 2019-10-30) Abdullahi, AishaIslamic banking and finance is the fast growing rival of the conventional banking and finance. It is finances based on divine principles of the Islamic law (Shari ‘ah). Despite the rapid growth of the industry in various parts of the world, challenges exist. Nigeria, the country of study is not left out. For an institution to thrive for a long term, there should be a regulatory/ supervisory framework. The purpose of this research work is to dive into the available regulatory/supervisory framework brought forward by the apex regulatory authority- the Central Bank of Nigeria(CBN) and swim towards sustainability of Islamic Financial Institution. The research majorly consulted and adopted relevant materials in the field and collected a little data using the empirical method. It was found out that there are loopholes in the available framework for supervision and regulation of Islamic finance operations and institutions which will not aid much in long term sustainability. Hence, recommends making of new policies towards long term sustainability.Item Open Access THE ROLE OF THE SUPREME COURT OF NIGERIA IN THE DEVELOPMENT OF HUMAN RIGHTS JURISPRUDENCE UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA(FACULTY OF LAW (CONSTITUTIONAL AND HUMAN RIGHTS LAW SPECIALISATION) NASARAWA STATE UNIVERSITY, KEFFI, 2021-06-18) Orji, Maryfrances ChinyereThe clarion call for the protection of human rights is on the increase and this has led to the ratification of many international human rights instruments in Nigeria which are aimed at promoting human rights in Nigeria. The Supreme Court of Nigeria has played and is still playing a major role in the promotion, enforcement and enjoyment of the human rights of the citizens but more is still required of them to ensure optimal enjoyment of same. The duty of promotion, protection, enforcement and enjoyment of the human right of the citizens is vested on the Supreme Court but the pertinent question is; to what extent has the Supreme Court fared in that duty, how has the Supreme Court of Nigeria fared in its duty of promotion, enforcement and enjoyment of the human rights of the citizens as well as the development of its jurisprudence? This research looked at the role the Supreme Court has played in the enjoyment, promotion, protection and enforcement of human rights as well as in the development of its jurisprudence. The attitude of the Supreme Court in the interpretation of international human rights treaties is also analysed so also their attitude in the interpretation of the human rights provisions in' the 1999 Constitution of the Federal Republic of Nigeria (as amended). The research made use of doctrinal research method. The research found that the interest in human rights has greatly increased in Nigeria which has led to the adoption of many human rights instruments; despite which there is still neglect and tremendous human rights abuses. The Supreme Court empowered by the Constitution to protect and promote human rights has an enormous role to play in its protection, promotion and enforcement as well as the development of its jurisprudence. The Supreme Court though is making huge effort to ensure that the citizens ’ human rights is guaranteed should be more pro-active and bold in the interpretation of the human rights provisions in the Constitution.