Browsing by Author "ISMAEL, Ismael Saka"

Now showing 1 - 4 of 4
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    The Concept of Heirship and Status of Gifts from Decedent's Esate by Heirs in Islamic Law of Inheritance
    (Faculty of Law, Lead City University, Ibadan, Nigeria, 2016-07) ISMAEL, Ismael Saka; RABIU, Sulaiman Olayiwola
    Nigeria is a country consisting of people of diverse religions such as Christianity, Islam and African Traditional Religions. Inheritance in accordance with Islamic Law is a common occurrence in Muslim communities all over the world as well as in Nigeria and constitutes a highly sophisticated piece of legislation from the ultimate law giver, Allah in the Islamic contemplation. The ability to grasp the workings of the law requires an understanding of its basis and core concepts. This paper, critically examines one of such fundamental concepts, i. e. heirship in Islamic Law of Inheritance and the status of gifts made by the heirs from the Estate.
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    Legal Status of "Introduction" in an Islamic Marriage in Ilorin within the Nigerian Marriage System
    (College of Law, Joseph Ayo Babalola University, Ikeji Arakeji, Osun State., 2017) ISMAEL, Ismael Saka; YUSUF, Ismail Danjuma
    In Nigeria, marriage as traditionally known from customary and religious perspectives, no doubt denotes a union of man and a woman (or women). Islamic Law, as a complete code, designs and prescribes the requirements of marriage. However, these days, it has become a vogue among the Muslims, the prevalence of the nomenclature of "Introduction" which is an art of ceremonial meeting of the families of the couple to the marriage before the actual marriage. This paper dissects the nomenclature called "introduction" and provides answer to the issue of whether this meeting amounts to a valid marriage or not as stipulated by shariah. It also serves as a clarion call on Muslims to adhere to Islamic mode of marriage without being extravagant. Observation, participation and doctrinal methodologies have been adopted for this paper.
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    Peculiarities of Islamic Law of Inheritance
    (Faculty of Law, Rivers State University, Port Harcourt., 2017) ISMAEL, Ismael Saka
    Islamic Law is a byproduct of Islam while Islamic Law of Inheritance is a sub-set of Islamic Law. Generally, the law is meant to regulate the life of Muslims anywhere they may find themselves while Islamic Law of Inheritance is particularly meant to regulate how the estate of a deceased Muslim is to be shared amongst his or her heirs. Since Muslims do not live in isolation, they are found in both Muslim and non-Muslim communities, the law can therefore be referred to as international. The internationality of Islamic Law demands that both Muslims and non-Muslims should be educated on its peculiarities because it is a law mostly misunderstood by Muslims and non-Muslims alike. This paper addresses the peculiarities of Islamic Law of Inheritance with the aim of eradicating or ameliorating the misconception(s) and apathy arising from its divine nature.
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    Unfettered Right of Muslims to make Wasiyyah (Will) in a Plural Legal System Like Nigeria
    (Faculty of Law, University of Maiduguri, Maiduguri, 2016) ISMAEL, Ismael Saka; ABDULLAHI, Salihu Abdulrauf
    Nigeria operates a tripartite legal system i. e. Common, Customary and Islamic Laws. The Nigerian Constitution guarantees freedom of religion while Muslims hold tenaciously that Islam and indeed Islamic Law have made provisions for all that may confront them or be encountered in life. This paper examines the concept of Wasiyyah in Islamic Law vis-a-vis the secular law with a view to differentiate them as well as bring to the fore the unfettered right of Muslims to make Wasiyyah in Nigeria.