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- (no title)Anwar Law Diary is proudly sponsored by “EMBLAZE CHAMBERS,” an esteemed Law Office in Abuja (FCT), renowned for its profound expertise in Islaamic law. This office offers comprehensive legal services across various areas, including Islaamic, Corporate, Property, and Family Laws, and is dedicated to achieving exceptional results. The blog is aimed to serve as aContinue reading
- Nature of Jurisdiction of the Sharia court of Appeal
Nature of Jurisdiction of the Sharia court of Appeal The Sharia court of Appeal is a court empowered to exercise only appellate and supervisory Jurisdiction. Section 242(1) of the 1979 Constitution did not confer first instance Jurisdiction on the Sharia court of Appeal. The high court of a State is not precluded by the 1979Continue reading “Nature of Jurisdiction of the Sharia court of Appeal” - Effect of judgment on Islamic law delivered by a Judge who is not versed therein
Effect of judgment on Islamic law delivered by a Judge who is not versed therein By its nature, Islamic law abhors a Judge not learned in its proceedings toiling with the sacred law. This is why it is mandatory under the Islamic legal system that only a man well versed in the science of IslamicContinue reading “Effect of judgment on Islamic law delivered by a Judge who is not versed therein” - Effect When A Person Fails To Challenge The Sale Of His Property Under Islamic LawEFFECT WHEN A PERSON FAILS TO CHALLENGE THE SALE OF HIS PROPERTY UNDER ISLAMIC LAW If the property of another person is sold in his presence and he does not object to the sale without any justifiable reason, the sale is valid. Also, if he is absent and afterwards knows about it and the periodContinue reading “Effect When A Person Fails To Challenge The Sale Of His Property Under Islamic Law”
- On importance and dynamic nature of Islamic lawPer LT. MUHAMMAD, J.CA. at page 395: “It must be restated that Islamic Law is a reasonable and rational law. It is organic and developmental. It grows with the society. It is humane and comprehensive. It takes care of all and sundry. It outlaws high-handedness and oppression. It establishes justice in society. It sets outContinue reading “On importance and dynamic nature of Islamic law”
- On When oath taking is required in matrimonial cases under Islamic LawOn When oath taking is required in matrimonial cases under Islamic Law Under Islamic Law, oath is not offered to a party in a matrimonial case, except where a monetary issue or something relating thereto is involved.In the instant case, there was no basis for the oath subscribed to by the 3rd defendant at theContinue reading “On When oath taking is required in matrimonial cases under Islamic Law”
- On Legitimacy of pregnancy conceived in lawful and valid wedlockOn Legitimacy of pregnancy conceived in lawful and valid wedlock- Under Islamic Law, any pregnancy that appears with the wife of a husband is legitimate irrespective of the number of times the couple had sexual intercourse, provided the delivery of the pregnancy takes place within the minimum period of gestation, which is six lunar monthsContinue reading “On Legitimacy of pregnancy conceived in lawful and valid wedlock”
- On when the wife has a right to seek khul’uOn when the wife has a right to seek khul’u It is permissible for a wife to be released in her own right as a result of certain personal reasons, which she is not obliged to disclose. The Islamic law position has been pronounced upon to the following effect: “It is lawful for her toContinue reading “On when the wife has a right to seek khul’u”
- On the determinant of Khul’uOn the determinant of Khul’u Basically, and going by the hadiths on Habibah, refund of the dowry is regarded as the determinant. However, there is the popular opinion that the payable compensation could be more or less than the dowry. (Pg. 666 Para. C). AUTHORITYSANUSI VS. AMINU (2018) 6 SQLR (PART IV) PAGE 651 @Continue reading “On the determinant of Khul’u”
- On the permissibility of Khul’uOn the permissibility of Khul’u The permissibility of the practice of Khul’u has been sourced from both the Qur’an and Sunnah.In the Qur’an: “If you fear that they cannot observe the limits -prescribed by Allah, then it shall not be a sin on any of them in what she offered to get freedom” (Q2: 229).Continue reading “On the permissibility of Khul’u”
Islamic Law Digest 