Islamic/Sharia Law Research Papers/Topics

The Principle Of Inheritance Under The Customary And Islamic Law

ABSTRACTThe inevitability of death makes the law of inheritance so significant in the life of man. Thus, every society or nation has the rules and regulations guiding the sharing of estates left behind by the deceased. These rules and regulations, as a matter of long usage, become a binding law in a society and such law is referred to as customary law. However, the imperfection in man's thinking makes the customary law to be imperfect and inappropriate in sharing the estates left behind by th...

CALL PEOPLE BY THEIR REAL FATHERS

INTRODUCTIONA lie is a lie even if the whole of mankind accept it as trivial, or of no effect.  We have lived in a society where falsehood is treated as a minor sin, but the Almighty Allah consider falsehood as one of the major sins.  We are not only liars but continue to teach it to our children from generation to generation and many die unconscious that they are liars.  Every time I ponder over the Qu’ran and observe the consequential effect of the lies, my h...

AN APPRAISAL OF THE LEGALITY OR OTHERWISE OF NUCLEAR WAR UNDER THE ISLAMIC INTERNATIONAL LAW

ABSTRACTNuclear weapon is undoubtedly a weapon of mass destruction. Thus, the ways and manners by which various states and countries that are in possession of this weapons have been using them has been and is still a subject of debate among scholars. Under the International Law, there are various statutory instruments regulating the ways and manners wherein these weapons may be used. However, the level of adherence has been subjected to questions over the years. In view of the above submissio...

LEGISLATIVE ASSEMBLY OF THE COMMON LAW AND ISLAMIC LAW CONCEPT OF SHURAH: A COMPARATIVE ANALYSIS.

ABSTRACTThe question of what is law has engendered great jurisprudential debate for many years. The nature, scope and purpose of law have led jurisprudential scholars to postulate various schools which tend to explain the concept of law. Thus, the process by which these laws came to be effective is called legislation. Legislation is the process of law making. Under the legislative assembly of the Common Law, a bill undergoes through a systematic process before it acquires the status of law. H...

THE DOCTRINE OF THE RULE OF LAW UNDER ISLAMIC LAW AND ITS JURISTIC APPROACH IN THE MUSLIM STATE

ABSTRACTThe doctrine of the Rule of Law is of no doubt a well established and rooted doctrine under Islamic legal system as well as the conventional legal system. From the time of the ruling of the Noble Prophet of Islam (PBUH) to the time of the four rightly guided Caliphs, this doctrine of rule of law is well followed and this can be seen in the various practices of the Noble Prophet and the rightly guided Caliphs. However, over time, due to the partial submission of some aspect of Islamic ...

THE EXECUTIVE UNDER ISLAMIC CONSTITUTIONAL SYSTEM AND NIGERIA 1999 CONSTITUTION: A COMPARISON.

ABSTRACTGovernment is a concept that is not alien to Islamic law. The Prophet was seen in his administrative activities, receives, execute and interpret laws divinely received from Allah. Thus, the executive arm under the Islamic governance is of utmost priority. The four rightly guided caliphs undertook this role and perform same with sincerity and dignity. Under the Nigerian Federalism, the executive arm of government plays enormous role in the administration of governmental activities in t...

PROVOCATION AS A DEFENCE TO THE CRIME OF MURDER UNDER COMMON AND ISLAMIC LAW

normal"> " times="" new="" roman","serif""="" lang="EN-ZA">ABSTRACT mso-ansi-language:EN-US">Major legal systems across the globe have evolvedrules and principles for dealing with various situations. These situations areinclusive of different legal concepts like marriages, inheritance, offencesetc. The rules and regulations are either man-made or divine as it exist underthe common law and Islamic law respectively. Thus, it is conceivable thatdifferent legal system will proffer different w...

A COMPARATIVE ANALYSIS OF THE MEANS OF PROVING ADULTERY UNDER ISLAMIC LAW AND SELECTED NATIONAL PENAL LAWS

ABSTRACTWhether as a religious crime or as an offence in non-religious laws, the issue of adultery appears to be problematic. Islamic law as an example of religious law not only considers adultery as a sinful act but prescribes specific ways of proving it. In the same manner, some national penal laws criminalize adultery as an offence worthy of punishment. This work is a comparative investigation of the prescribed methodologies of proving adultery within a religious and non-religious legal co...