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”
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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”
Hierarchical order of precedent regarding the right of custody of a child in Shari’ah
HIERARCHICAL ORDER OF PRECEDENT REGARDING THE RIGHT OF CUSTODY OF A CHILD IN SHARĪ’AH “It should be noted that the father is the primary and natural guardian of his minor children and the right of custody of the mother and the female relation mentioned in the hierarchical order stipulated under the Shari’ah is subject to the supervisionContinue reading “Hierarchical order of precedent regarding the right of custody of a child in Shari’ah”
The conditions for one to be entitled to have right of custody of a child in Shari’ah law
It is trite under Islāmic Law, that the right of custody of a child of divorce occurs belongs to the mother