An Examination of the Legal Maxim of 'Al-Adatu Al-Muhamkkamah' as it relates to the Trade Custom of 'Owo Laada' Among Ram Traders in Ilorin Community
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Date
2022
Journal Title
Journal ISSN
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Publisher
Centre for Ilorin Studies, University of Ilorin.
Abstract
The position of law under shari’ah in relation to contract is that conditions may be stipulated in the contractual agreement and if it is implied by the custom or the conduct of the parties to the contract, shari’ah will consider it. This position is premised on the Islamic legal maxim that custom of people should be canonized as long as the custom in question does not violate the dictate of the sacred texts. One of the customs that deemed canonisation is custom implied by trade. A prominent trade custom among the ram traders in Ilorin metropolis is “Owo laada”. Usually, the due referred to as owo laada is collected from buyers after the conclusion of the contract of sales of ram. At time, it is paid without much ado and in some other occasions arguments usually ensue before the payment. The main purpose of this study therefore is to examine the Islamic legal maxim of “al- adatul Muhakkamah” as it relates to the trade custom of payment of owo laada among ram traders in Ilorin metropolis. The population of this study consists of traders in ram markets in Ilorin. The researchers will use purposeful or judgement sampling method to select ram traders who in the researcher’s personal judgment can provide the needed information as respondents for this study. The instrument for data collection is interview. Finally a case study will be carried out in Ilorin ram markets wherein interview will be conducted in order to know whether the trade custom of owo laada has been practiced in Ilorin ram market is in line with the principle of Islamic law enunciated in the maxim of al-‘adah al-muhakkamah. It is discovered that the custom originated from the appointed of Mai gida/Baale, it is also found that the Mai gidas/Baales render certain services that is incidental to their appointment such as security of goods, welfare services and commercial intermediary. It is observed that the current trend of custom is incorporated with new practices that may affect the validity of the custom and the whole transaction. It is also discovered that the original practice of the custom does not contradict Islamic legal principles and objectives while it is noted that save for the illegal practice, the current trend of the custom is also in line with Islamic law. It is therefore concluded that custom of Owo Laada is a specific, actual and valid custom among the ram trader within Ilorin Metropolitis but the traders should deviate from illegalities that are being practised along side the custom. Therefore, the custom is an implied term of ram trade custom in the ram markets in Ilorin Metropolitis which can be given force of law on the basis of al-Adatul Muhakkamah.
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Keywords
Islamic Legal Maxims, Al-Adatu Al-Muhakkamah, Ram Traders in Ilorin, Qawaidu al-Fiqhiyyah, Trade Customs in Ilorin
Citation
Abdul-Hamid O.Y, Adedimeji M. A., Azeez A. L. & Abdulkabir A. I. (Eds.), "The Place of Ilorin Emirate in the Development of Nigeria" (Ilorin: Centre for Ilorin Studies, 2022) pp.335-357