Author Archives: Law Digest

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On what divorce by Khul’u denotes

On what divorce by Khul’u denotes Basically, Khul’u denotes the occurrence of divorce whereby the husband agrees upon demand/request to release his wife from the marital bond, with or without the payment of compensation by the wife. (Pgs. 665-666 Paras. F-A). “Khul’i is a dissolution of marriage granted by a husband on the basis ofContinue reading “On what divorce by Khul’u denotes”

When the parties and courts are not bound by the record of proceedings

On when the parties and the court are notbound by the Record of Proceedings The law is trite and settled that parties and the court are bound by the record of proceedings in respect of a matter, unless the record of proceedings has been successfully challenged. (Pg. 664 Paras. C-D) AUTHORITYSANUSI VS. AMINU (2018) 6Continue reading “When the parties and courts are not bound by the record of proceedings”

On the necessity of arguments canvassed at appeal to relate to issues raised

It is pertinent that arguments canvassed, in an appeal, must relate to issue or issues raised for determination, which in turn must be distilled from a ground or grounds of appeal. The grounds must as well be predicated upon the decision of the court below. (Page 628, Paras. C – D). AUTHORITY RUWA VS. MAIContinue reading “On the necessity of arguments canvassed at appeal to relate to issues raised”

On the necessity of arguments canvassed at appeal to relate to issues raised

It is pertinent that arguments canvassed, in an appeal, must relate to issue or issues raised for determination, which in turn must be distilled from a ground or grounds of appeal. The grounds must as well be predicated upon the decision of the court below. (Page 628, Paras. C – D). AUTHORITY RUWA VS. MAIContinue reading “On the necessity of arguments canvassed at appeal to relate to issues raised”

On the person on whom lies the onus of proof

ON THE PERSON ON WHOM LIES THE ONUS OF PROOF This court has in the case of ADAMU KYARMI VS. JIBO MUNGADI Appeal No.: CA/K/222/S/2000 observed per I. T. Muhammad, JCA (as he then was) delivering the lead judgment thus: It is trite in Islamic Law that he who asserts must prove. See Al-Mayyara vol.Continue reading “On the person on whom lies the onus of proof”

About Us

In the name of  Allaah, the most Compassionate, the most Merciful. ISLĀMIC LAW DIGEST (principles, notes and news) is brought to you by EMBLAZE CHAMBERS (ANWAR LAW OFFICE), a Law Office in Abuja which focuses its major service rendering in1) Litigations2) Retainership3) Legal Draftings4) Islāmic Law Practice5) Property Management & Practice6) Corporate and Commercial Practice7)Continue reading “About Us”

One cannot be a volunteer witness

Under the Islamic law, a witness, who is not called or invited cannot volunteer to testify or take up evidence before the Qadi, evidence of such uninvited evidence would not be accepted. This principle is to prevent people from testifying or giving evidence against a party in favour of another who did not invite them.Continue reading “One cannot be a volunteer witness”

PARTIES ARE NOT COMPETENT WITNESSES IN THEIR OWN CASES

PARTIES ARE NOT COMPETENT WITNESSES IN THEIR OWN CASES It is trite that under Islamic law, unlike the common law, parties are not considered competent witnesses regarding their cases; their statement would not be regarded as evidence, but rather akin to statement of claim and statement of defence in the High Court and District Courts.Continue reading “PARTIES ARE NOT COMPETENT WITNESSES IN THEIR OWN CASES”

Notes

Salaam ISLĀMIC LAW DIGEST (principles, notes and general news) is brought to you by ANWAR LAW OFFICE (Emblaze Chambers), a Law Office which domiciles its MAJOR service rendering in:1) All forms of Islāmic Law Practice (such as, Mi’rāth -Inheritance|estate distribution, partnership, child custody, maintenance, marriage and related matters, general dispute resolution|arbitration, et cetera)2) Property andContinue reading “Notes”