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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ISLĀMIC LAW DIGEST bringing you Islāmic law principles, notes, news and general issues.
Part of aim is to enlighten and remind us of the beauties and provisions of the Islaamic law.
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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”
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”
Fair hearing
No judge shall give judgment on an issue brought before him without first, conducting proper investigation. This goes a long way in establishing the principle of fair hearing under Islamic Law. AuthorityQ49: 6
ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAW
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
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”
Islamic Law Digest 