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”
Category Archives: Principles
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 Law
EFFECT 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 law
Per 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 the wife has a right to seek khul’u
On 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’u
On 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 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”
Islamic Law Digest 