Islamic/Sharia Law Research Papers/Topics

The Doctrine of the Rule of Law Under Islamic Law: A Critical Analysis on its Juristic Approach

The rule of law is the basis of any well-established legal system and Islam is not out of the picture. In other words, the doctrine of rule of law is well settled under Islamic law and various scholars has over the years examine the applicability of these cardinal rule in Islamic and hitherto the effect on the people especially where the doctrine is not followed. This lengthy piece aims to achieve that goal of discussing legal approaches to the rule of law in Islamic law, it is divided into f...

ISLAMIC APPRAISAL OF ZAUREN ṢULḤ (RECONCILIATION FORUM) AS CONFLICT RESOLUTION MECHANISM IN BAUCHI STATE (2003 TO 2018)

Abstract As long as people live together, they might have their individual or collective interests, opinions, thoughts, tastes and beliefs to defend or guard, and in the course of protecting any, it may lead to a dispute. The effort of Sharī’ah Commission Bauchi State to adopt a device mechanism for resolving conflict amicably through the use of Islamic sources yielded great impact on the one side, and it faced some challenges on the other hand. This research investigated Zauren Ṣulḥ ...

Misconceptions of Women's Rights in Islam and Its Refutations: A Conceptual Study Based on Sources of Islamic Law

Abstract The status of women in Islam is clear and very unambiguous. Concerns are often raised about the status of women in Islamic law. Frequently, misunderstandings and misinterpretations about how women are handled by Islam are used to encourage. the notion that Islam is misogynistic in the western world. Consequently, the objectives of this study to identify the misinterpretation, misconceptions of woman's rights in Islamic and to provide appropriate refutations for the misconceptions....

A Female Quazi Appointed in the Judicial Position: Islamic Law and Public Opinion in Sri Lankan Context

Abstract: A Woman’s Competent to Be Appointed as a Judge in Quazi Courts. In Muslim Societies Has Been a Debated Issue For Decades. Although Some Muslim Majority Countries, Including Indonesia, Malaysia And Arab Countries, Have Allowed Women Judges (Qudath) In Shariah Courts, The Muslim Religious Leadership In Sri Lanka, Namely All Ceylon Jamiyathul Ulama (ACJU) As Opposed To Such Appointment To Administrate The Muslim Marriage And Divorce Act Of 1951 (MMDA) Which Is Administrated By T...

DISSOLUTION OF MARRIAGE ON THE GROUND OF LACK OF MAINTENANCE UNDER ISLAM

Background of the Study The growth and development of contemporary society in Nigeria and present social, political and economic pains being have had grave or adverse effect on the life span and sustenance of marriages in general. The consequential hardship and challenges existing in many marriages today violently push the edges of the enclosing envelope of survival of most marriages, leading to greater number of cases of separations or outright divorce. Invariably, issues relating to the dis...

The Rights of Women to Inheritance under the islamic law

 This work gives an overview of the system of Islamic law and of course the place of women. It then provides a detailed description of the ways in which the law govern the rights of wives, mothers, daughters, and other female relatives to inherit property without living behind the examination of the historical, legal and philosophical foundations of the practices of women’s rights to property in this jurisdiction. Keywords: Islamic law of inheritance, women’s rights, property.

The Right of Girl Child to Education in Islam

The work gives highlight of the rights of girl child in islam. SCOPE OF THE STUDY As the title of the essay implies, the work will only be limited as to the right to education of the female child in Islam. While doing this, the researcher  would briefly look into the history of the girl child before the advent of Islam. The work will also discuss the girl child in Islam and what Islam says about them. Moreover,the  research   would   equally   discuss   the   right   to   educ...

Effects and position of intoxication in Islam

ABSTRACT: This research consists: abstract, introduction, intoxication, conclusion, and references. And also tries  to  define the intoxication, elaborates the types of intoxication substances, psychological effects, social effects, the three stages for prohibition  of intoxication, liquid and drug intoxicants, punishment  for   taking   intoxicants,   conditions   for   punishment,   and recommendation.  INTRODUCTION:  Prophet Muhammad (peace and blessings be upon him) was...

OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN STATUTE. A COMPARATIVE ANALYSIS

ABSTRACT Most countries have conferred the power/ownership of their resources on their government, not allowing individuals to lay claim to them. This has been beneficial for international business purposes, especially in the petroleum sector and has ensured stable revenue which is then distributed amongst the individual states in the country; while some countries like the USA recognize both state and individual ownership. Associated with exploration and exploitation activities of most natura...

DOUBLE DECKER MARRIAGE IN NIGERIA (ISSUES, PROBLEMS AND SOLUTIONS)

ABSTRACT It has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validity to thi...

THE CONCEPT OF ARTIFICIAL LEGAL ENTITY AND LIMITED LIABILITY IN ISLAMIC LAW

Abstract Many orientalists, among others Joseph Schacht  , are of the view that Islamic Legal System does not recognize the concept of “Juristic Person†i.e. Corporations, Universities and Organizations. This is our point of departure and we attempt to highlight in this paper that Islamic Law recognizes “Juristic Personâ€. Admittedly though the term “Juristic Person†is not being mentioned specifically by the classical texts of Islamic Jurisprudence, it is totall...

The Principle Of Inheritance Under The Customary And Islamic Law

ABSTRACT The 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 t...

CALL PEOPLE BY THEIR REAL FATHERS

INTRODUCTION A 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 heart bleeds and any ti...

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

ABSTRACT Nuclear 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 submissi...

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

ABSTRACT The 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. ...


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