Law
Lecturer II
Law
At the Law department office
Appointment on Visitation important
Topic: AN APPRAISAL OF THE JURISDICTION OF APPELLATE COURTS IN NIGERIA IN CRIMINAL PROCEEDINGS INVOLVING QUESTIONS OF ISLAMIC LAW
Description: The study focuses on an appraisal of appellate courts in Nigeria in criminal proceedings involving questions of Islamic Law. Interest in Islamic Law especially the long dormant Shariah Criminal Justice System appears to be rekindled in the intellectual circles in Nigeria most especially in the Northern part of Nigeria. The study intends to examine the extent to which Shariah criminal jurisdiction can be entertained by the appellate courts in Nigeria. Twenty two years after some Northern States have passed law to widen the jurisdictional scope of the Shariah Court of Appeal in their respective States to cover criminal proceedings, such increase of jurisdiction has not been possible due to constitutional impediments. The statement of the problem of the research associates with expansion of jurisdiction of Shariah Court of Appeal to cover criminal proceedings. The aim of research is to appraise the jurisdiction of appellate courts in Nigeria in criminal proceedings involving questions of Islamic Law . The objectives are to examine various courts in Nigeria that are vested with appellate jurisdiction involving questions of Islamic Criminal Law and to appraise the constitutional and legislative competence of the National Assembly and House of Assembly of a State to extend or expand the appellate jurisdiction of Shariah Court of Appeal in criminal proceedings involving questions of Islamic Law. The research will adopt the doctrinal approach whereby various legislations on Islamic Penal System in Nigeria, textbooks and case law will be examined. The study will contribute to knowledge by laying to rest all controversies and arguments surrounding the fact whether the jurisdiction of Shariah Court of Appeal can be constitutionally increased to cover criminal proceedings.
# | Certificate | School | Year |
---|---|---|---|
1. | Ph.D (LAW) | USMANU DANFODIYO UNIVERSITY, SOKOTO | 2021 |
THE LEGALITY OR OTHERWISE OF ASSISTED REPRODUCTIVE TECHNOLOGY UNDER ISLAMIC LAW
This paper discussed the legality or otherwise of Assisted Reproductive Technology under Islamic Law. The types of Assisted Reproductive Technology such as artificial insemination, in-vitro fertilization, sperm donor/ova bank, surrogacy, artificial embryo nation and cryopreservation have been critically examined in this work with a view to discovering whether all or any of them is in conformity with tenets and principles of Islamic Law. The paper revealed that Islam gives strong and unequivocal emphasis to high fertility and also encourages marrying fertile women. It also encourages treatment of any kind of sickness including infertility. To that extent, any kind of Assisted Reproductive Technology can be performed if it is in consonance with principles of Islamic Law. The writer s major finding is that apart from surrogacy which is unanimously prohibited, all other types of Assisted Reproductive Technology is permissible so long as the egg from the wife is fertilized with husband s sperm and the fertilized embryo is transferred back to uterus of the same woman by an expert physician during the subsistence of the marriage between the two spouses. The paper recommended the use of any types of Assisted Reproductive Technology apart from surrogacy for the couple especially those who are genuinely suffering from infertility.
YAHAYA IBRAHIM is a Lecturer II at the Department of Law
YAHAYA has a Ph.D in LAW from USMANU DANFODIYO UNIVERSITY, SOKOTO