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This book contains and in-depth study of the Shariah legal system generally, and its practice in Nigeria, in particular from 1956 to 1983. The book covers the meaning and scope of the Shariah: the general and legal precepts; it legal theory and legal practice; the development of Shariah legal practice and legal history in Nigeria.
This book contains and in-depth study of the Shariah legal system generally, and its practice in Nigeria, in particular from 1956 to 1983. The book covers the meaning and scope of the Shariah: the general and legal precepts; it legal theory and legal practice; the development of Shariah legal practice and legal history in Nigeria.
This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.
The family is a crucial site for the interaction of law and religion the world over, including Africa. In many African societies, the family is governed by a range of sources of law, including civil, constitutional, customary and religious law. International law and human rights principles have been domesticated into African legal systems, particularly to protect the rights of women and children. Religious rites and rituals govern sexuality, marriage, divorce, child-rearing, inheritance, intergenerational relations and more in Christianity, Islam and indigenous African custom. This book examines the African family with attention to tradition and change, comparative law, the relation of parents and children to the state, indigenous religion and customary law, child marriage and child labour and migration, diaspora and displacement.
This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss many objections raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition.
Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains grapple with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Jon Unruh examines the role of a disordered and dysfunctional legal pluralism in Liberia's descent into internal armed conflict. Thoko Khaime considers the concepts of children's universal rights and their relationship to the social reality of living law in an African society. Abdulmumuni Oba discusses the jurisdiction and functioning of Area Courts in the state of Ilorin in the Federal Republic of Nigeria. Sue Farran examines the land law in the Pacific state of Vanuatu.
This book explores from various perspectives how the literature of the northern region of Nigeria has promoted the ideology of integration and societal resurgence. Through the diverse cultural productions from this very heterogenous socio-political region, researchers have dissected the portrayals and characterisations of ideologies which foster harmony among the people who speak a multitude of languages and have an array of cultural practices. These contributions bring to the fore the multiple roles that both indigenous literary productions and those adapted from foreign elements have played in realising social and cultural integration and advancing collective values of the people of Northern Nigeria. This collection of essays is the result of a selection of scholarly contributions to two national conferences on Literature on Northern Nigeria held at the Kwara State University, Malete in 2015 and 2016.