Author Archives: Law Digest

ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAWWhere the defendant is in possession and the plaintiff has failed to furnish evidence in support of his claim, as in the instant case, then the defendant will only be required to take an oath of rebuttal (Yaminul Inkar) and the plaintiff’s action will be dismissedContinue reading “ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAW”

ON HOW BURDEN OF PROOF IS DISCHARGED UNDER SHARI’A LAW WHERE IMMOVABLE PROPERTY IS INVOLVED“Where immovable property is involved, the burden of proof can only be discharged under the rules of Sharia by calling two unimpeachable male witnesses or one male witness and two female witnesses or alternatively, one male witness with the claimant’s oath”Continue reading “ON HOW BURDEN OF PROOF IS DISCHARGED UNDER SHARI’A LAW WHERE IMMOVABLE PROPERTY IS INVOLVED”

ON BURDEN OF PROOF UNDER ISLAMIC LAW “It is trite principle of Sharia that the burden of proof is on the person who asserts”. So, you cannot just make a random claim and expect Judgment in your favour, if it is not backed up with proof. Our authorities/references:📖TUKURWA 🆚 KWA-KWA (1992) 2 NWLR (PART 224)Continue reading “ON BURDEN OF PROOF UNDER ISLAMIC LAW”

WHETHER COURT CAN CONDUCT INVESTIGATIONS ON ISSUES BROUGHT BEFORE IT UNDER ISLAMIC LAW “I have gone through the records of proceeding in the Court below. I have also examined the arguments of the parties before us vis-a-vis the records and the prevailing law. It was discovered from the records that the Sharia Court of AppealContinue reading “WHETHER COURT CAN CONDUCT INVESTIGATIONS ON ISSUES BROUGHT BEFORE IT UNDER ISLAMIC LAW”

TESTIMONY OF A FATHER IN FAVOUR OF HIS SON AND VICE VERSA IS NOT VALID This is as provided in JAWĀHIRUL IKLĪLI and relied upon on the case of KANKAN 🆚 ANIKE (2018) 6 SQLR (PART III) PAGE 535 @ 540: “The evidence of a very close relation such as father including the grand andContinue reading “TESTIMONY OF A FATHER IN FAVOUR OF HIS SON AND VICE VERSA IS NOT VALID”

WAYS THROUGH WHICH A PERSON CAN INHERIT ANOTHER ISLĀMIC LAW The law is that there are three ways through in which a person can inherit the other, they are:١. نسبRelationship ٢. ولاءEmancipation of slave ٣. نكاحMarriage 📝AS-HALUL MADĀLIK, VOL 3, PAGE 288

On when the parties and the court are not bound 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 📝SANUSI 🆚 AMINU (2018) 6 SQLR (PART IV)Continue reading “On when the parties and the court 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 oftheContinue reading “ON THE NECESSITY OF ARGUMENTS CANVASSED AT APPEAL TO RELATE TO ISSUES RAISED”

Whether Court can grant reliefs not claimed “Let me observe firstly, and with due respect to the learned Kadis of the lower Court, that Section 7(2) of the Sharia Court of Appeal Rules, Cap. 122, Laws of Northern Nigeria, 1963 was provided in order to allow for a re-hearing or calling for further evidence whereContinue reading “Whether Court can grant reliefs not claimed”

Principles guiding the application of Islamic Law “The clear principle of Islamic Law cannot by now be obscured. The onus is on the claimant to prove his case. The Defendant, after denial, shall not say or do any thing. He is supposed to wait for the Plaintiff to call witnesses to establish his claim. IfContinue reading “Principles guiding the application of Islamic Law”