Browsing by Author "Olagunju-Ibrahim, Ridwan"
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Item The 2010 Nigerian Electoral Act and Some Rules of Islamic Law: Imperative of Synergy for Peaceful Electioneering Process in Nigeria(Faculty of Law, Rivers State University of Science and Technology, Port Harcourt, Nigeria., 2016-09) Olagunju-Ibrahim, RidwanItem ADR Proceedings: Are Secretaries to Arbitral Tribunals Fourth Arbitrators?(The College of Law, Joseph Ayo Babalola University., 2014) Olagunju-Ibrahim, RidwanItem Anti-Economic and Financial Crime Measures of the Nigerian Legal Regime and Islamic Law: A Comparative Analysis of Depth and Effectiveness.(Faculty of Law, Rivers State University of Science and Technology, Port Harcourt, Nigeria., 2016-09) Olagunju-Ibrahim, RidwanItem Appraising the Taxation Issues in Ijarah (Islamic Leasing)(Grosvenor House Publishing Ltd. High street, Guildford, Surrey, United Kingdom, 2020) Olokooba, S.M; Olagunju-Ibrahim, Ridwan; Muhammed, LekanDue to the peculiar nature of Islamic finance as against conventional finance system, the application of the common law based Nigerian tax regulation on most of them seems always weeps up various clogs in the effort to tax them. Analysis and discussion of some of the issues in the taxation of Ijarah (Islamic leasing) an aspect of Islamic finance product constitute the main gist of this paper. The applicable sections of the Nigerian tax law that could be used to tax Ijarah are extracted; their content analysed in order to test the aptness of using them in taxing Ijarah. The paper in the final analysis recommends for the expansion of the regulatory regimes to accommodate Ijarah leasing, this according to the paper will aid the taxability of Ijarah under the Nigerian Tax Law.Item Body Scarification Under the Child Right Act and Shari'ah: Between Cultural Weight and Contemporary Reality(Islamic University in Uganda, 2019) Abdulraheem, Abolaji; Ahmad, Folorunsho; Olagunju-Ibrahim, RidwanProhibition of Tattoo and Skin marks are certainly provided for under the Child's Right Act (CRA) 2003 and the Shari'ah. Notwithstanding the available provisions, scarification, Tattoos and skin marks are still rampart among tribes. Scarification. tattoos and skin marks are influenced by superstition or traditional conviction. This research argues that scarification, tattoos and Skin marks have health implications for the children and also amount to child abuse and degrading treatment. Therefore. this paper examines the position of Child Right Act and Shari'ah on scarification, Tattoos and Skin marks. The research is carried out through doctrinal method by considering various enactments and Shari'ah provisions on scarification, tattoos and skin marks. The research found that scarification, tattoos and skin marks are prohibited under the Nigeria laws as they are considered as abuse children.Item Causes, Effects adn the Spike in Crime Tendency of Covid-19 Pandemic: The Spiritual Therapy of Islamic Law as Antidote(Kwara State University, Malete, University of Ilorin, Al-Hikamh University and Nigerian Bar Association, Ilorin Branch, 2023) Olagunju-Ibrahim, RidwanCovid-19 has been identified as a pandemic. It has been so declared since March, 2020. From the time it was first found in Wuhan, China, in November, 2019, the said Covid-19 pandemic otherwise called Corona virus has dealt a devastating blow to a number of citizens of various countries across the globe, including Nigeria. The lockdown option, which was resorted to as a mini measure during the severe period of attack did bring about a halt in socio-economic activities, movement restrictions and imposition of curfew. The fallout of the lockdown has however brought about sudden rise in the rate of insecurity and crime related activities in various neighbourhoods and societies. In this treatise, Covid-19 is viewed as a pandemic which is seen as a divine infliction of adversity on human race in consequence of their missteps. The tripartite typology of these missteps for which man becomes befallen by divine calamity is in this work discussed. The daily effects of Covid-19 on human life and the Islamic law styled way out are also analyzed. The arm-chair (doctrinal) methodology of writing is employed in this work as same seems most appropriate in the circumstance, given the nature of the treatise as analytical in focus. The overall benefit accruable to mankind from heeding the recommendations in this work is attainment of a society clean from woes of severe pandemics like Covid-19.Item Concept of Maintenance: A legal Analysis on Tripartite Comparison(Kogi State University., 2010) Olagunju-Ibrahim, RidwanItem The Constitution of the Federal Republic of Nigeria 1999 (As Amended) and the Imperative of Combating Economic and Financial Crimes.(College of Law, Redeemer's University, Ede, Nigeria., 2018-12) Olagunju-Ibrahim, Ridwan; Owoade, A.Item Court-Connected ADR and Industrial Conflict Resolution: Lessons from other Jurisdictions.(Al-Hikmah University., 2015) Animashaun, Sola; Olagunju-Ibrahim, RidwanItem Debasing the Calumnious Allegation of Cruelty Against Islamic Penal Laws: Case Law and Statute as Necessary Tools.(Faculty of Law, Rivers State University, Port Harcourt, Nigeria., 2018-02) Olagunju-Ibrahim, RidwanItem Effectiveness of Islamic Law in Protecting The Copyright of Indigenous People of Indonesia in The Form of Traditional Knowledge & Traditional Cultural Expressions(Magister of Law, Faculty of Law, Universitas Mataram, 2022) Mulhimmah, Baiq Ratna; Olagunju-Ibrahim, RidwanCopyright Protection of Indonesian Indigenous Peoples in the form of Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) currently does not meet the sense of justice. The state is obliged to provide comprehensive protections capable of guarding the rights of Indigenous peoples under an adequate legal umbrella. Because the existence of Indigenous peoples, along with copyrights in the form of TK & TCE is part of the wealth and identity of the nation, this research focuses on how the view of Islamic law (Legal Opinion of Indonesian Ulama Council No.1 of 2003 concerning Copyright and Legal Opinion Of Indonesian Ulama Council No. 1 of 2005 concerning Intelectual Property Right) with the maqasid al Shari'ah approach in protecting the rights of indigenous peoples. Islamic law is one of the secondary legal materials in determining state law and is expected to strengthen in providing solutions to this problem. The research method is normative with a concept and case approach to conclude that Islamic law (legal Opinion Of Indonesian Ulama Council) with the Maqasid al Shari'ah approach in protecting Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) is a must. This is based on an obligation order covering several matters, including, the protection of life and hifzul nafsi/hifzul 'irdhi, protection of reason (hifzul aqli), and protection of property (hifzul maal).Item Enhancing the Teaching and Learning of Islamic Criminal Law in Nigerian Universities: A Practical Approach(Grosvenor House Publishing Ltd. High street, Guildford, Surrey, United Kingdom, 2020) Olagunju-Ibrahim, RidwanThe main pre occupation in this work is to be discharged using the arm's chair doctrinal methodology of legal research for being about the most suitable for the specie of exercise here intended. Islamic law of crime and tort has been chosen as a case study in this paper. Having looked at the course syllabus and few relevant textbooks being used for the course, four different areas of improvement have been identified in order to enhance the teaching of this course. These are the need to relate Hudud offences to Maqasid al-Shariah while teaching and the need for mention of specific sub-topics in the bench mark for academic standards (BMAS). The other two are the need to upgrade the level of Arabic language taught to the combined law students and the need for quality ascertainment of Islamic law textbooks in English. What follows now is the analysis and exposition of each of these areas of improvement one after the other and conclusion comes immediately thereafter.Item Human Rights between the Religious and Man-Made Contemporary Laws: An Examination of Shaykh Adam Al-Ilory's Perspectives.(Faculty of Arts, University of Ilorin., 2012) Abdulqadir, I. A.; Olagunju-Ibrahim, RidwanItem Insider Trading and the Challenges of the Internet Age(The Department of Jurisprudence and International Law, Faculty of Law, Kogi State University, Anyigba., 2009) Olagunju-Ibrahim, RidwanItem Islamic Law Concept of Wealth Circulation as Panacea to the Scourge of Economic and Financial Crime in Nigeria(Islamic University in Uganda, 2019) Olagunju-Ibrahim, RidwanEconomic and financial crime refers to non-violent criminal and illicit activity aimed at gaining wealth illegally. Perpetration of this crime always comes with unpleasant implications on the economic stability of affected nations as well as the financial standing of the victim citizens the real. Nigeria is indeed one of those nations of the world which are badly affected by the scourge of this crime. Attempt to curb this has prompted successive government administrations in the country to develop a number of legal and institutional frameworks but without much succor up till now. The fact that wealth acquisition is a major target of the perpetrators of this crime raises puzzles as to the adequacy and effectiveness of wealth circulation provisions in the Nigerian legal regime. This therefore calls for imminence of the need in this paper to transcend the confines of the Nigeria law and research into how the objective of wealth circulation is being treated in another legal regime, both in theory and practice. The benefit which lies in this exercise is to become familiar with what the system is like in the alien law and to see to what extent the Nigerian law can take useful cue (if any) therefrom.Item Justiciability of The Right to Education: The Indian and Nigerian Position(Islamic University in Uganda, 2019) Ahmad, Folorunsho; Abdulraheem, Abolaji; Olagunju-Ibrahim, RidwanThe problems faced by the Nigerian Education sector are enormous, which is occasioned by many factors, ie political, economic legal and cultural. Education is seen as a right from the perspective of human right as contained in the International Instruments on Human Rights. These instruments are expected to be given efficacy by member states through domestication and implementation. But in the case of education, Nigeria as a state does not see it as such and this is as a result of the classification of rights to First, Second and Third generation rights. This article studies the effect of the generational classification on the status of education in the Nigerian Law. it finds that education is not accorded the status of Fundamental Right to be adequately protected, infringement of which redress could be sought in the court of law particularly against the government. It then concludes that the status or education is raised to a full fledge Justiciable Fundamental Human Right, education will continue to suffer neglect as it is in the successive administration in Nigeria.Item Lombroso's Theory of In-born Criminality in Criminals: A further review through Islamic Law Perspective(Department of Sharia, Faculty of Law, University of Maiduguri, Nigeria, 2022-12) Olagunju-Ibrahim, RidwanThe Scientific bio-genetic reason for crime as popularized long time ago by Cesare Lombroso predicates reason for crime on some human biological formations. This idea seems to be unfair to man if he must be punished for crimes influenced by biological makeup of his physical body instead of blameworthy mind and criminal intent of his. This paper argues against this as the concept will leave open a big loophole in our penal system i.e. punishments will lie with no justifying moral ground for same. The writer looks into the perspective of Islamic Law on this to unravel its position on the issue for possible positive influence on the contemporary law of crime anywhere. This paper finds that no solid basis exists for the so-called biogenetics factor of criminality. The paper consequently finds that it is in justice to punish offenders only on the biological makeup of their physical bodies. Rather, it is found in addition that penalty should flow only upon criminal intent of man and his blameworthiness. The writer hereby recommends harmonization of two additional points of argument against the biogenetic factor of crime alongside the useful critique of the said scientific theory of crime by Charles Goring. It is also recommended that the reward system of Islamic Law be adopted for operation in the Nigerian Law of Crime. The paper follows doctrinal methodology in discharging its work schedule as sameItem NIGER DELTA PROBLEM AND THE SHARIAH ANTIDOTE(Faculty of Law, University of Ilorin., 2009) Olagunju-Ibrahim, RidwanItem Overhauling the Contents of Islamic Law Courses in Nigerian Universities: An Overdue Phenomenon(Islamic University in Uganda, 2020) Olagunju-Ibrahim, Ridwan; Olokooba, Muhammed; Afolabi, SolomonSet on historical context, this paper examines generally the problems hindering the effective learning of Islamic Law (Shari'ah) in the citadels of learning in Nigeria. In doing this, the paper highlights the history of legal education especially, the high level of teaching and learning of Islamic Law in the pre- colonial Nigeria and the contemporary problems facing quality Islamic legal education due to colonial antipathy for Islamic Law as well as shortcomings in the content of Shari'ah law curriculum of the Nigerian legal education system. Using doctrinal research method, the paper finds that scanty contents of the Shari'ah law courses taught to combined law students in Nigerian universities go contrary to the aims and objectives of the founding fathers of the Islamic legal education in Nigeria. To achieve a turn round and improve the situation, the paper recommends the need for overhauling of the contents of all Islamic Law courses in the Nigerian Universities.Item An Overview of the Typologies of Crime under Islamic Law(Faculty of Law, Rivers State University, Port Harcourt, Nigeria., 2018-02) Olagunju-Ibrahim, Ridwan