Fountain University Law Journal
type: channel
description: MISSION STATEMENT Fountain University Law Journal (FULAJ) is the official publication of the College of Law Fountain University, Osogbo, Nigeria. The journal seeks to: Serve researchers by publishing peer-reviewed works dedicated to the interrogation of laws, legal development and the review of contemporary issues related to all aspects of laws and practices; and Ensure prompt and rapid dissemination of legal information to the world for the purpose of legal knowledge/education.
publisher: Fountain University Osogbo
language: en
publication name: Fountain University Law Journal
issn: 0794-0254
items: ABILITY IN DISABILITY: EXPLORING THE DIGNITY AND HEALTH RIGHTS OF DISABLED CHILDREN IN SHARĪ‘AH AND NIGERIAN LAWS
items: JURISDICTION LIABILITY MODELLING FOR AI- DRIVEN TRADE SECRET MISAPPROPRIATION IN CROSS-BORDER POLICY INTEGRATION UNDER ISLAMIC LAW
items: Reproductive Rights and Religious Ethics: The Legal Status of Artificial Insemination under the Nigerian Constitution and Islamic Law
items: POWER OF COURT TO REFRAME ISSUES FORMULATED BY PARTIES IN A CASE AS A DICTUM
items: The Rise of Algorithmic Bosses: Rethinking Workers' Rights in Nigeria's Digital Economy
items: THE LEGAL REGIME OF CYBERBULLY AND VICTIM PROTECTION IN NIGERIA
items: AN APPRAISAL OF YORUBA PEOPLE’S QUEST FOR SELF-DETERMINATION WITHIN THE CONTEXTS OF NIGERIA’S CONSTITUTION AND INTERNATIONAL LAW
items: CRITICAL APPRAISAL OF INSTITUTIONAL MECHANISMS TACKLING DOMESTIC VIOLENCE AGAINST WOMEN IN NIGERIA
items: SOCIO-ECONOMIC AND RELIGIO-LEGAL IMPORTANCE OF ESTATE DISTRIBUTION IN ISLAMIC LAW
items: THE CHILD RIGHTS ACT IN NIGERIA AND ONLINE CHILD SAFETY
items: LEGISLATIVE POWERS UNDER THE NIGERIAN AND BRITISH CONSTITUTIONS: THE PLACE AND ROLE OF COMMITTEES
items: A CONCEPTUAL CLARIFICATION OF SOME SALIENT TERMSIN ISLAMIC FAMILY LAW IN NIGERIA
items: FROM LAW TO LIFE: EFFECTIVENESS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR COMBATING DOMESTIC VIOLENCE IN NIGERIA
items: Equitable Distribution and Gender Justice:Analyzing Women's share in Marital Property Regimes
items: The Human and Ecological Health Impacts of Carbon Emissions: Structural Injustice, Legal Fragmentation, and the Path to Integrated Climate Governance
items: Israel - Hamas War: Interrogating the Legality or otherwise of the Attacks on Medical Establishments in Gaza Strip
items: EMPIRICAL ANALYSIS OF ISLAMIC DISPUTE RESOLUTION SYSTEM IN SOLVING MARITAL DISPUTES IN OSUN STATE, NIGERIA
items: E-COMMERCE THROUGH THE LENS OF SHARĪʿAH: PRINCIPLES, PRACTICES, AND COMPLIANCE IN THE DIGITAL ECONOMY
items: RESTRUCTURING THE SECURITY SYSTEM: PANACEA FOR PEACE, SUSTAINABLE GROWTH AND DEVELOPMENT IN NIGERIA
items: AN EXPOSITORY STUDY ON THE INHERITANCE RIGHTS OF MISSING PERSONS (MAFQUD) UNDER ISLAMIC LAW IN NIGERIA: IMPLICATIONS FOR THE DISTRIBUTION OF ESTATE AMONG HEIRS
items: Legal and Institutional Frameworks for Effective Application of ADR in Marital Disputes
items: OVER-RELIANCE ON DISSOLUTION OF MARRIAGE: A CRITICAL STUDY OF NIGERIA'S UNDERUTILISED MATRIMONIAL RELIEFS WITH EMPIRICAL FOCUS ON OSUN STATE
items: THE ISLAMIC PRINCIPLES OF INHERITANCE AND RESISTANCE ATTITUDE OF MUSLIMS IN THE APPLICATION OF THE LAW: HYPOTHESIS OF SOME JUDICIAL RULINGS
items: Constitutionalizing the Right to a Healthy Environment: A Pathway to Enforcing the SDGs in Nigeria
items: JUSTIFICATION FOR ISLAMIC PENOLOGY: A COMPARATIVE STUDY OF CRIME RATES BETWEEN UNITED STATES OF AMERICA AND SAUDI ARABIA
items: COPYRIGHT FOR CINEMATOGRAPHIC PRODUCTIONS UNDER THE NIGERIAN LEGAL INSTRUMENT: AN INVESTIGATION OF ISLAMIC LAW STANDARDS
items: LEGALITY OF IN VITRO FERTILIZATION SYSTEM AMONG THE COUPLES IN ISLAMIC LAW
items: Concept, classification and management of property in Islamic Law.
items: REFERENCING STYLE IN THE NIGERIAN ACADEMIA: THE CHALLENGES OF ISLAMIC LAW RESEARCHERS
items: Addressing Transboundary Environmental Harm through Technology: Mitigating the Tragedy of the Commons in Global Resource Management

ABILITY IN DISABILITY: EXPLORING THE DIGNITY AND HEALTH RIGHTS OF DISABLED CHILDREN IN SHARĪ‘AH AND NIGERIAN LAWS
type: item
description: An estimated 32 million people in Nigeria, including children, live with one form of disability or another. These individuals often face discrimination, rejection, and neglect, especially regarding access to basic social services such as healthcare. This demographic reveals the insufficient attention given to disabled children in Nigeria, particularly in terms of healthcare provisions, unavailability of medications, and specialised care. Despite existing legal instruments, including the Constitution, the Discrimination against Persons with Disabilities (Prohibition) Act and the Child's Rights Act, disabled children remain vulnerable. This paper investigates the Sharī’ah and Nigerian law’s position on the protection and care of disabled children facing health challenges and explores viable solutions. Employing a doctrinal method, the study analyses primary and secondary sources and finds that Nigeria law and the Sharī’ah not only advocates for the protection of disabled children’s health but also provides detailed provisions for their care, including physical and spiritual dimensions, which align with Islamic teachings and ethical standards.
subject: Articles
  topic: section
subject: Disability. Dignity, Health , Shariah, Nigerian
  topic: keywords
creator: Abdulraheem Taofeeq Abolaji Ph.D
creator: Aliyu Aliyu Imam
rights: Copyright (c) 2025 Abdulraheem Taofeeq Abolaji Ph.D, Aliyu Aliyu Imam https://creativecommons.org/licenses/by/4.0
date: 2025-10-19
publication date: 2025-10-19
starting page: 349
ending page: 359
doi: 10.53704/dgq3y868

JURISDICTION LIABILITY MODELLING FOR AI- DRIVEN TRADE SECRET MISAPPROPRIATION IN CROSS-BORDER POLICY INTEGRATION UNDER ISLAMIC LAW
type: item
description: The rapid advancement of Artificial Intelligence (AI) in global commerce has created unprecedented opportunities and risks. Among the most pressing challenges is the misappropriation of trade secrets facilitated by AI systems operating across borders. Traditional legal frameworks struggle to allocate liability when machine learning algorithms extract, generate, or misuse confidential business information. This seminar explores jurisdiction liability modelling for AI-driven trade secret misappropriation in the context of cross-border policy integration, with an added emphasis on compliance with Islamic legal principles. The research proposes a hybrid framework that integrates conventional legal doctrines, international instruments, and the maqāṣid al-sharīʿa (higher objectives of Islamic law) to ensure fairness, accountability, and justice in global digital markets
subject: Articles
  topic: section
creator: Abdulrasaq Ayuba Jabaje
rights: Copyright (c) 2025 Dr. Ayuba Abdulrasaq Jabaje https://creativecommons.org/licenses/by/4.0
date: 2025-10-19
publication date: 2025-10-19
starting page: 360
ending page: 366
doi: 10.53704/r8wnac25

Reproductive Rights and Religious Ethics: The Legal Status of Artificial Insemination under the Nigerian Constitution and Islamic Law
type: item
description: Islamic law allows assisted reproduction through certain conditions, based on independent juristic reasoning, if the process does not conflict with the core values of Islamic law. Artificial insemination exists as a controversial practice in Nigeria because it meets resistance from conflicting laws and moral codes of Islamic teachings. Nigerian Muslim couples dealing with infertility face a dilemma when medical technology provides artificial insemination because religious and legal guidelines remain unclear. Does artificial insemination pass Islamic Law standards? What is the legal status of a child resulting from artificial insemination procedures? This paper demystifies the legal position of artificial insemination practice within Nigerian law and Islamic jurisprudence. Islamic scholars who grant permission for married couples to use their biological material for reproduction at the same time condemn outside sperm and egg donations because they fear these practices will distort genetic lines. Nigerian law lacks clarity regarding the new technologies used by Assisted Reproductive Technology in defining who qualifies as a parent. Section 25(1)(b)2 of the Nigerian constitution recognizes heterosexual relationships as conventional parenthood. Nonetheless, that is a precarious assumption as it implies that there are no legal stances for children conceived through non-natural methods. The paper uses doctrinal research methodology to investigate assisted reproduction issues by studying both Nigerian regulatory frameworks together with Islamic Jurisprudential views. The results show that the lack of definite laws leads to unclear situations which demand quick legal adjustments to resolve the conflict. The paper calls for new laws to support Nigerian and religious perspectives.
subject: Articles
  topic: section
subject: Reproductive Rights and Religious Ethics
  topic: keywords
creator: Mikail Kolawole Abdulsalam
rights: Copyright (c) 2025 Mikail Kolawole Abdulsalam https://creativecommons.org/licenses/by/4.0
date: 2025-09-13
publication date: 2025-09-13
starting page: 355
ending page: 367
doi: 10.53704/2bga9n72

POWER OF COURT TO REFRAME ISSUES FORMULATED BY PARTIES IN A CASE AS A DICTUM
type: item
description: The power of court to reframe issues formulated by parties in a general manner has remained fluidic. The Supreme Court held that the law is indeed settled that an Appellate Court may, where it deems the issue or issues formulated for the determination of an appeal as incapable of serving the interest of justice or clumsily crafted, reframe or formulated the new issues for the determination of the appeal. The Court particularly in State v. Sani (2018) LPELR – 43598 (SC) held that it was entitled to reframe the issue or issues formulated by the parties; in order to give the issues precision and clarity, and in reframing the issue or issues different from issues formulated by the parties. This paper contents that the Court is tasked to ensure that the reframed or formulated issues are derived from the grounds of appeal filed by the parties. The paper further recommends that trial Judges are also entitled to reframe the issue or issues formulated by the parties in order to give the issues clarity and precision; as the Court is tasked with ensuring that the reframed or formulated issues are derived from the argument raised by the parties in their briefs.
subject: Articles
  topic: section
subject: Formulating Briefs; Reframing Of Issues, Power Of Court, Litigation In Nigeria
  topic: keywords
creator: Abubakar Ali Chifwang abubakar.chifwang@aun.edu.ng
creator: P. C. Obutte
rights: Copyright (c) 2025 Abubakar Ali Chifwang, P. C. Obutte https://creativecommons.org/licenses/by/4.0
date: 2025-09-12
publication date: 2025-09-12
starting page: 347
ending page: 354
doi: 10.53704/7vjpps16

The Rise of Algorithmic Bosses: Rethinking Workers' Rights in Nigeria's Digital Economy
type: item
description: The digital transformation of Nigeria’s labour market has redefined traditional employment relationships, especially with the rise of gig platforms such as Uber, Bolt, and various food delivery services. At the heart of this transformation lies algorithmic management, where software, rather than human supervisors, dictates critical decisions about work assignments, pay, and performance. This article critically examines the adequacy of Nigeria’s existing employment law framework in addressing the unique challenges posed by this form of technologically mediated labour. It contends that the current binary classification of workers as either employees or independent contractors is ill-suited to the realities of platform work, which often combines elements of both. Arguing for a more nuanced legal approach, the paper proposes a hybrid framework that introduces an intermediate status for digital workers, expands core labour protections, and ensures algorithmic transparency. Ultimately, it calls for a rethinking of employment rights that aligns with the imperatives of human dignity, fairness, and social justice in Nigeria’s evolving digital economy.
subject: Articles
  topic: section
creator: Yetunde Braimoh-Habeebu
rights: Copyright (c) 2025 Yetunde Braimoh-Habeebu https://creativecommons.org/licenses/by/4.0
date: 2025-09-12
publication date: 2025-09-12
starting page: 334
ending page: 346
doi: 10.53704/m3kj3g72

THE LEGAL REGIME OF CYBERBULLY AND VICTIM PROTECTION IN NIGERIA
type: item
description: The rise of digital technology and social media has transformed communication, but it has also given rise to new forms of harm, particularly cyberbullying. This paper critically examines the legal and institutional framework for addressing cyberbullying in Nigeria, with a focus on how victims are protected under existing laws. The paper adopts a doctrinal legal research methodology, being primarily qualitative and library-based, relying on both primary and secondary sources. Drawing from statutory provisions, case law, and international instruments, the study explores how Nigerian laws such as the Cybercrimes Act 2015, Child’s Rights Act 2003, NDPR 2019, and the Constitution respond to online abuse and digital harm faced by victims. The paper also evaluates the role of key institutions like the Nigeria Police Force, NITDA, NCC, NSCDC, and the Computer Professionals Registration Council, while comparing Nigeria’s approach with global standards such as the Budapest Convention and the UNCRC. Through real-life examples, unreported court cases, and victim testimonies, the paper highlights the practical challenges of enforcement, such as poor awareness, function overlap among institutions, and lack of data protection literacy among citizens. Finally, the study finds that while Nigeria has taken important legal steps, enforcement mechanisms remain weak, and victim support systems are underdeveloped. It recommends cordial institutional coordination, updated digital literacy policies, and targeted reforms to make cyberbullying laws more responsive and inclusive.
subject: Articles
  topic: section
subject: Cyberbullying, Cybercrimes, Cyber stalking, Social Media Harassment, Victim Protection.
  topic: keywords
creator: LATEEF ADELEKE
creator: Zainab Ayonimofe Oluwo
rights: Copyright (c) 2025 Dr. lateef Adeleke, Zainab Ayonimofe Oluwo https://creativecommons.org/licenses/by/4.0
date: 2025-09-06
publication date: 2025-09-06
doi: 10.53704/0cv19411

AN APPRAISAL OF YORUBA PEOPLE’S QUEST FOR SELF-DETERMINATION WITHIN THE CONTEXTS OF NIGERIA’S CONSTITUTION AND INTERNATIONAL LAW
type: item
description: Self-determination is one of the core ideas in international law it gives people the right to shape their own political future and work towards their economic and social progress. This paper takes a closer look at how this right applies under international law, focusing on the Yoruba Nation's movement in Nigeria. It digs into the legal roots of self-determination, drawing from major international documents like the UN Charter, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples’ Rights. The study examines the historical, political, and socio-economic forces driving the Yoruba Nation movement and determines whether these circumstances satisfy the external self-determinism criteria or are grounds for secession based on international law. It also interrogates the question of whether notwithstanding outright prohibition of succession under the Nigerian constitutional framework, recourse to these international instruments can provide the needed justification to back the agitation for Yoruba Nation. Through analysis of precedents established outside Nigeria concerning the actual provisions of the constitution and political conditions, it comes out in the paper that there exist tensions between self-determination and territorial integrity. It concludes that although the Yoruba agitation is driven by fundamental disappointment with the manner of governance and allocation of resources in the Nigerian federation, there are only a few legal bases in international laws on the possibility of secession by one part out of unilateralism. The demand for greater autonomy and restructuring can, however, fall within the acceptable limit of internal self-determination, providing a possible way of resolving ethnic grievances in the Nigerian federation.
subject: Articles
  topic: section
subject: Self- Determination, Yoruba Nation, Restructuring
  topic: keywords
creator: SAMUEL ADEDAYO
creator: MOJEED ALABI
rights: Copyright (c) 2025 SAMUEL OLADOSU ADEDAYO, MOJEED OLUJINMI A. ALABI https://creativecommons.org/licenses/by/4.0
date: 2025-08-24
publication date: 2025-08-24
starting page: 306
ending page: 315
doi: 10.53704/a068db39

CRITICAL APPRAISAL OF INSTITUTIONAL MECHANISMS TACKLING DOMESTIC VIOLENCE AGAINST WOMEN IN NIGERIA
type: item
description: Domestic violence against women in Nigeria is a widespread phenomenon making news headlines on a daily basis with gloomy stories of single parenthood, mutilation, depression, horrific ill treatment, suicide, or even death trailing each occurrence. The home that should ordinarily be a safe haven for such women is turned to a battleground where disagreement and fisticuffs is the currency being spent. Despite the availability of enacted laws and institutional framework put in place to tackle this menace, its surge is still alarmingly high. This study adopts the doctrinal research methodology in critically analyzing existing institutions tackling domestic violence against women. The various trends to violence within Nigeria and in jurisdictions outside Nigeria are also examined. This study reveals the notoriety of the culture of silence and the low reportability of cases of domestic violence. It discusses the likely factors responsible like social stigmatization and how they can be improved upon. The research findings reveal that collaborative efforts between institutions would be rewarding as their activities are interconnected and none can barely function effectively without recourse to one another. The article concludes that domestic violence against women in Nigeria which is incredibly high will nosedive where there is attitudinal change and relevant stakeholders work towards stamping it out. Based on the research findings, the study recommends preventionist strategies like relationship counselling sessions, training and retraining relevant stakeholders in the discharge of their duties. It also recommends the strengthening of available institutions so that the fight against domestic violence will be effective.
subject: Articles
  topic: section
subject: Domestic Violence
  topic: keywords
subject: Women
  topic: keywords
subject: Institutions
  topic: keywords
subject: Nigeria
  topic: keywords
creator: Itunu Kolade-Faseyi
creator: Olubayo Oluduro
creator: Abimbola Allen
rights: Copyright (c) 2025 Dr Itunu KOLADE-FASEYI, Prof Olubayo OLUDURO, Prof Abimbola ALLEN https://creativecommons.org/licenses/by/4.0
date: 2025-08-23
publication date: 2025-08-23
starting page: 287
ending page: 305
doi: 10.53704/4n6a8j51

SOCIO-ECONOMIC AND RELIGIO-LEGAL IMPORTANCE OF ESTATE DISTRIBUTION IN ISLAMIC LAW
type: item
description: This paper examined Socio-Economic and Religio-Legal Importance of Estate Distribution in Islamic Law. In order to achieve the aim and objectives of this research, the meaning of Islamic inheritance and significance of Islamic rules of inheritance were briefly discussed. The paper adopted a doctrinal method of research by conducting in-depth analysis of the primary and secondary sources of legal research. It specifically examined and analysed Chapter 4 verses 7, 11, 12 and 176 of the Glorious Quran and some prophetic traditions with a view to pointing out economic, social, religious and legal importance of distribution of estate in Islamic Law. The paper found that in pre-Islamic Arabia, daughters, mothers, widows, sisters and minors were excluded from succession, but, with advent of Islam, the moral and social position of women were raised thereby giving them heritable rights. The writer’s major finding is that distribution of estate serves as a method of re-distribution of wealth among the heirs and it breaks up the concentration of wealth from the hands of few individuals and spreads it out in the society. The paper recommended that this area of knowledge should be learnt, taught and encouraged among Muslim community through the regular holding of conferences, seminars, workshops and public campaigns to bring about awareness of its importance among the Muslims.
subject: Articles
  topic: section
subject: Inheritance, Distribution of Estate, Succession, Islamic Law, Islam, Hadith
  topic: keywords
creator: Dr. Yahaya Abikan
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 231
ending page: 249
doi: 10.53704/38yrvn93

THE CHILD RIGHTS ACT IN NIGERIA AND ONLINE CHILD SAFETY
type: item
description: The Child Rights Act (CRA) of 2003 fails to address online child safety amidst the evolving digital landscape. Anchored on the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), the CRA provides a comprehensive framework for protecting children’s rights to survival, development, and protection. However, the Act’s lack of specific provisions addressing digital threats such as cyberbullying, online grooming, sexual exploitation, and data privacy violations highlights significant legislative gaps. Through a doctrinal research methodology, this study analyses primary legal sources, including the CRA, Cybercrimes Act of 2015, and international instruments, alongside secondary sources like scholarly articles and reports from organizations such as UNICEF. The findings reveal uneven domestication of the CRA across Nigeria’s 36 states, weak enforcement mechanisms, limited digital literacy, and inadequate institutional coordination as key barriers to ensuring online child safety. A comparative analysis with international best practices, such as the UK’s Online Safety Act, the EU’s General Data Protection Regulation (GDPR), and the US’s Children’s Online Privacy Protection Act (COPPA), underscores Nigeria’s lag in adopting child-specific digital protection measures. The study proposes legislative reforms, including the passage of the Child Online Access Protection Bill, nationwide CRA domestication, enhanced institutional capacities, and public awareness campaigns to promote digital literacy. It also recommends integrating digital safety education into school curricula and fostering collaboration with international bodies to combat transnational online child exploitation. This research contributes to the discourse on child protection by advocating for a dynamic, technology-driven legal framework to safeguard Nigerian children in the digital age, while identifying areas for further studies, such as …
subject: Articles
  topic: section
creator: Dr. Z.O Shittu-Adenuga Dr. Z.O Shittu-Adenuga
creator: Ibrahim Owolabi
rights: Copyright (c) 2025 Dr. Z.O Shittu-Adenuga, Ibrahim Owolabi https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 218
ending page: 230
doi: 10.53704/0fz8sd95

LEGISLATIVE POWERS UNDER THE NIGERIAN AND BRITISH CONSTITUTIONS: THE PLACE AND ROLE OF COMMITTEES
type: item
description: This paper explores Legislative Powers under Nigeria’s 1999 presidential constitution and the British parliamentary system with emphasis on the role of legislative committees in handling the increasing volume and complexity of parliamentary businesses. While Nigeria’s Constitution vide Section 62(1) empowers the National Assembly to form committees, the British system is a product of long-established and institutionally mature tradition. The papers undertook an epochal review of the historical development of the Committee system in both jurisdictions, highlighting areas of convergence and how the committees have contributed to governance in the wider system of government in place. Through doctrinal research, based on constitutional texts, statutes, case law, and scholarly literatures, the paper explores basis, types, number, composition, powers, functions and other characteristics of committees. A unique Committee identified and expounded hereof is the 1922 Committee in the British House of Commons. The study finds that committees are central to legislative businesses andthe success thereof, in both jurisdictions.
subject: Articles
  topic: section
subject: Constitution, Legislative Powers, Presidential System, Parliamentary System, Committee System, Bicameralism.
  topic: keywords
creator: Okolocha
creator: Aluko
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
date: 2025-05-06
publication date: 2025-05-06
starting page: 199
ending page: 217
doi: 10.53704/zzeess07

A CONCEPTUAL CLARIFICATION OF SOME SALIENT TERMSIN ISLAMIC FAMILY LAW IN NIGERIA
type: item
description: One of the essential issues to consider at the commencement of a legal research is conceptual clarification of key terms used in the work. It is therefore important in every legal research work to clarify the key words and examine their conceptual meaning. This is to enable the readers understand what the writer has in mind and clearly perceive the intents and purposes of the research work. Conceptual analysis essentially involves the definition of the concepts used by the researcher in the course of writing his work. Since words are capable of having more than one meaning ascribed to them aside their natural meaning, it is apposite for the researcher to properly contextualize the words used in the work so as to aid comprehension and to enable readers understand the mind of the researcher and the message he is trying to pass across. In a topic related to Islamic family law, in general and the rights of spouse under it in Nigeria, there are several words that need this clarification. The aim of this article is to do so. It therefore examined some important words link for easy understanding of the rights of spouses as enshrined in Islamic family law in Nigeria. Priori / doctrinal research method was used. Thus, primary and secondary sources of Islamic law were used. Provisions of the Qur’an and Sunnah were cited. Explanations, from text books authored by Muslim scholars and legal sages were incorporated. Information retrieved from internet websites were equally utilized. It was found that words like right, spouse, polygamy, al-kafa’ah, shari’ah, fiqh and fatwah are all terms usable in a write up on the rights of spouses under Islamic family law in Nigeria. Some of these words were misconceived by many people. It therefore constituted an obstacle for understanding the rights of spouses under Islamic family law in Nigeria. It was therefore recommended that muslim scholars should embark on awareness programs to enlighten people on this issue.
subject: Articles
  topic: section
subject: Polygamy, Al-kafa’ah, Shari’ah, Fiqh, Fatwah
  topic: keywords
creator: Y.S Uthman
creator: Jibril Jubril Abubakar Baba
rights: Copyright (c) 2025 Dr. Y.S Uthman, Jibril Abubakar Baba https://creativecommons.org/licenses/by/4.0
date: 2025-05-03
publication date: 2025-05-03
starting page: 186
ending page: 198
doi: 10.53704/b6pqnr86

FROM LAW TO LIFE: EFFECTIVENESS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR COMBATING DOMESTIC VIOLENCE IN NIGERIA
type: item
description: Domestic violence has become a recurrent phenomenon in the African clime, such that various Nations have established legal and institutional mechanisms for combating this great and odious menace. This Article aims to bridge the gap between Nigeria’s formal legal frameworks and everyday cultural practices to effectively combat domestic violence in Nigeria. Despite robust legal protections, domestic violence remains pervasive due to cultural norms and practices that undermine these laws Prevalent consciousness that sees the female gender as inferior to the male gender which is further exacerbated by certain cultural and religious teachings that has contributed to the myopic or stereotypes to which the female gender are perpetually subjected to which invariably leads to certain forms of violence perpetrated against the female gender has proven problematic in the effort to sustainably combat domestic violence. The Article employing the doctrinal research methodology, evaluates the laws and institutions set up to combat domestic violence; implementation challenges and gaps in enforcement, highlighting systemic barriers that hinder effective protection and therefore recommends that for the law to be effective certain sthings must be addressed like examining the strengths and weaknesses of existing frameworks, identifying areas of improvement and propose strategies to enhance better protection of the victim. Combating domestic violence in Nigeria requires a multifaceted approach that combines legal reforms, awareness campaigns, support services, community involvement, data-driven policies, and efforts to change mindsets and cultural attitudes. The ultimate goal is to create an environment where domestic violence is not tolerated, survivors are supported, and perpetrators are held accountable.
subject: Articles
  topic: section
subject: Domestic Violence, Law, Life, Nigeria
  topic: keywords
creator: Dr. Chukwudumebi Joseph-Asoh
creator: I.G Elijah Ojete
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
doi: 10.53704/cwjkcm34

Equitable Distribution and Gender Justice:Analyzing Women's share in Marital Property Regimes
type: item
description: This article critically examines the principle of equitable distribution in marital asset division, with a particular focus on the recognition and valuation of women’s contributions, both financial and non-financial, within marriage. It interrogates the extent to which legal systems acknowledge the multifaceted roles women play in sustaining marital partnerships, including income generation, domestic labor, caregiving, and emotional support. Drawing on feminist legal theory and intersectional analysis, the study explores how statutory frameworks, judicial discretion, and cultural norms across jurisdictions, including Nigeria, South Africa, the United Kingdom, and the United States, shape the outcomes of asset division upon divorce. It highlights the systemic undervaluation of domestic labour, caregiving, and emotional support, and identifies key barriers to equitable distribution, such as legal ambiguity, patriarchal traditions, financial illiteracy, and asset concealment. In many cases, these plural legal systems reinforce gender hierarchies and fail to provide adequate remedies for women whose contributions are not easily quantifiable in monetary terms. The analysis underscores the need for a more inclusive and context-sensitive approach to marital property division, one that accounts for the lived realities of spouses and the socio-economic dynamics that shape marital relationships. Through an extensive review of case law and empirical data, the article reveals that existing legal regimes often fail to deliver substantive equality for women, particularly in contexts where customary and religious laws dominate. The article argues for a transformative approach to marital property reform, advocating for statutory clarity, judicial training, expanded legal aid, public education, and institutional safeguards against financial manipulation. By integrating legal analysis with socio-economic inquiry, the article contributes to the discourse on gender justice in family la…
subject: Articles
  topic: section
subject: Feminists Theory,
  topic: keywords
subject: Equity,
  topic: keywords
subject: Domestic Labour,
  topic: keywords
creator: Grace Abraham Ahiakwo
rights: Copyright (c) 2025 Grace Abraham Ahiakwo https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 268
ending page: 286
doi: 10.53704/mpjpe445

The Human and Ecological Health Impacts of Carbon Emissions: Structural Injustice, Legal Fragmentation, and the Path to Integrated Climate Governance
type: item
description: This paper offers an interdisciplinary analysis of the human and ecological health impacts of carbon emissions, foregrounding their role as structural drivers of environmental injustice and legal fragmentation. Drawing on international environmental law, climate science, and human rights frameworks, the paper reconceptualises carbon emissions not merely as atmospheric pollutants but as embedded causes of systemic health disparities and ecological collapse. The analysis demonstrates how fine particulate matter (PM2.5), black carbon, and ozone disproportionately affect low-income, racialised, and geographically marginalised populations. These health burdens are not incidental but result from regulatory failure and weak accountability mechanisms. Indirect effects, including food insecurity, mental health deterioration, and displacement, further compound these inequities, particularly in the Global South. The paper critiques the limitations of prevailing legal regimes such as the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity, and the International Covenant on Economic, Social and Cultural Rights. Despite mounting scientific evidence and normative advances, these frameworks remain poorly integrated and weakly enforced. Landmark litigation and human rights developments, including the 2021 United Nations Human Rights Council recognition of the right to a healthy environment, are examined as legal counter-narratives. The paper concludes with a call for integrated legal-ecological governance. It proposes binding reforms that link public health, biodiversity, and emissions accountability through mechanisms such as ecological personhood, citizen climate councils, and climate-health surveillance systems. These innovations are essential to advancing justice-based climate law responsive to both planetary thresholds and human vulnerability.
subject: Articles
  topic: section
subject: Carbon Emissions
  topic: keywords
subject: Legal Fragmentation
  topic: keywords
subject: Integrated Climate Governance
  topic: keywords
subject: Human and Ecological Health Impacts
  topic: keywords
creator: Adekunle Akinola
rights: Copyright (c) 2025 Adekunle Akinola https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 111
ending page: 127
doi: 10.53704/jkexq116

Israel - Hamas War: Interrogating the Legality or otherwise of the Attacks on Medical Establishments in Gaza Strip
type: item
description: Various United Nations Conventions and Protocols afford special protection to medical establishments and personnel whose mission is to save lives and provide health care for civilians and combatants alike. However, when medical establishments are used to interfere directly or indirectly in military operations or for military purposes, thereby causing harm to the enemy, the rationale for their specific protection ceased. The allegation of use of hospitals for military purposes in the ongoing war between Israel and Hamas and the consequential attacks on the medical establishments in Gaza Strip displays the contemporaneity of the problem discussed in this study. This study therefore interrogates the legality or otherwise of the attacks on medical establishments in the ongoing war between Israel and Hamas in Gaza Strip, using doctrinal method of legal research and analytical approach. The findings of this study indicates that parties to the war are taking unfair advantage of the flexibility of the exceptions to the protection of medical establishments in armed conflict to deliberately or recklessly violate International Humanitarian Law – in particular the prohibition of launching indiscriminate attacks and the principle of proportionality and precautions in attack. This study concludes that nonetheless the use of medical establishments for military purposes which may legally and morally justify an attack against such protected facilities, there are certain precautions expected of the attacking party; and with specific recommendations on how to interpret the law governing such attacks; and proposes adoption of additional international legislation complimentary to the Geneva Convention for the protection of medical establishments in conflicts.
subject: Articles
  topic: section
subject: Armed Conflict; Attacks; Medical Establishments; Military Operations; Special Protection
  topic: keywords
creator: OYEDOTUN OMOTEYE
creator: ALFRED OLUROPO FILANI
creator: OLAIDE AWWAL-BOLANTA
rights: Copyright (c) 2025 OYEDOTUN OMOTEYE, ALFRED OLUROPO FILANI, Ph.D, OLAIDE AWWAL-BOLANTA https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 148
ending page: 168
doi: 10.53704/rpj32t62

EMPIRICAL ANALYSIS OF ISLAMIC DISPUTE RESOLUTION SYSTEM IN SOLVING MARITAL DISPUTES IN OSUN STATE, NIGERIA
type: item
description: Dispute and conflict are though not desired, part of human existence, the very co-existence of man is a factor for the existence of dispute. The dispute phenomenon is more likely where persons of different ideology, background and orientation desired to live as conjugal partners bounded by marriage. The aforementioned factors will definitely create conflict of interest, life view and ultimately cause dispute. Despite the inevitability of a dispute situation in marital life, the objective of every society and legal system is to ensure continuous cordiality, bliss and happiness between couples. This assertion is more true of Islamic law. Thus, various legal systems have put mechanisms in place to resolve marital disputes. Islamic law recommends and places emphasizes on ADR over litigation in solving marital disputes, the law regards litigation as a last resort option. In Nigeria, the northern region has generally taken the front in the application of Islamic law including marital dispute resolution. The western region including Osun state is still up-coming in this regard. The retarding situation is due to factors such as colonial history amongst others. However, Osun state has seized the opportunity of its significant Muslim population to explore Islamic marital dispute resolution mechanisms. This paper adopted empirical methodology to examine the operation of the dispute resolution mechanisms especially the ADR options, their effectiveness in solving marital disputes in the state as well uncover the challenges facing the system.
subject: Articles
  topic: section
subject: Marital Dispute, Islamic Dispute Resolution System, ADR, Osun State
  topic: keywords
creator: Mohd Jamiu Ayinla-Edun
creator: Suliyat Damilola Adebayo
creator: Mamudat Ifeoluwa Olohungbebe
rights: Copyright (c) 2025 Mohd Jamiu Ayinla-Edun, Suliyat Damilola Adebayo, Mamudat Ifeoluwa Olohungbebe https://creativecommons.org/licenses/by/4.0
date: 2025-06-06
publication date: 2025-06-06
starting page: 89
ending page: 110
doi: 10.53704/0yytxx12

E-COMMERCE THROUGH THE LENS OF SHARĪʿAH: PRINCIPLES, PRACTICES, AND COMPLIANCE IN THE DIGITAL ECONOMY
type: item
description: This paper examined the development and implementation of Sharīʿah-compliant e-business models in the context of contemporary digital commerce. It explored the foundational Islamic legal principles governing commercial transactions and assessed how these principles were operationalized in modern e-business environments. The study investigated key components such as the prohibition of ribā (interest), the requirement of halāl and ethical product offerings, transparency in transactions, data privacy, fair marketing practices, charitable integration, and the role of Sharīʿah advisory boards. Drawing upon classical jurisprudence (fiqh al-muʿāmalāt), contemporary fatwā literature, and global regulatory standards, the research demonstrated that Sharīʿah principles were not only compatible with digital commerce but provided a robust ethical framework for e-business innovation. Practical case studies—including platforms such as Wahed Invest, OneAgrix, and HalalBooking—were analyzed to highlight the viability and adaptability of Sharīʿah-compliant models in real-world settings. The study also addressed emerging challenges such as smart contracts, artificial intelligence, and regulatory harmonization, advocating for renewed ijtihād and stronger institutional governance to ensure ongoing compliance. It concluded that Sharīʿah-compliant e-business models could serve as a moral compass for the digital economy, promoting fairness, social justice, and trust in commercial transactions. The research contributed to the growing discourse on Islamic digital finance and provided policy-relevant insights for regulators, entrepreneurs, and scholars in the field.
subject: Articles
  topic: section
subject: Digital Economy, Islamic Law
  topic: keywords
subject: Shari'ah Compliant
  topic: keywords
creator: AHMAD ABUBAKAR
creator: MUHAMMAD SAMBO UMAR, PhD
rights: Copyright (c) 2025 AHMAD ABUBAKAR, Dr. M.S Umar https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 250
ending page: 257
doi: 10.53704/hrr70318

RESTRUCTURING THE SECURITY SYSTEM: PANACEA FOR PEACE, SUSTAINABLE GROWTH AND DEVELOPMENT IN NIGERIA
type: item
description: In recognition of the importance of peace and security and prevalence of Crime and criminality in our environment in particular and in Nigeria in general, it is obvious that no country can develop without standard and adequate management of their security system, the success of the citizen in any country is based on the security of life and property of the average man in that country. It is as a result of this that this paper examines the security system in Nigeria with a view to discovering the structural defects affecting the operation of the security in Nigeria. The paper traces the background of the security system in Nigeria from the indigenous to the present policing structure and how it manages it. It adopts a content analysis of both primary and secondary sources to justify the restructuring of security system and analysis the arguement for and against the creation of state police and its importance for the attainment of peace, security and sustainable development in Nigeria. The paper discloses that the present structure of the Nigerian security system needs a holistic structural reform for it to compete with the international standard. It concludes that setting a standard structure for the security system in Nigeria, will go a long way in the promotion of economic development and achieving sustainable development goal.
subject: Articles
  topic: section
subject: Sustainability, Restructuring, Security, Peace, Growth, Crime.
  topic: keywords
creator: Adewara, Tajudeen Zubair
creator: Abdulwahid, Abdulra’uf
rights: Copyright (c) 2024 Dr. Adewara, Tajudeen Zubair https://creativecommons.org/licenses/by/4.0
date: 2024-06-03
publication date: 2024-06-03
starting page: 235
ending page: 258
doi: 10.53704/1pq7zt60

AN EXPOSITORY STUDY ON THE INHERITANCE RIGHTS OF MISSING PERSONS (MAFQUD) UNDER ISLAMIC LAW IN NIGERIA: IMPLICATIONS FOR THE DISTRIBUTION OF ESTATE AMONG HEIRS
type: item
description: A person is said to be missing where he disappears and his whereabouts is not known and is not certain whether he is dead or alive, such a person is called a missing person (mafqud) under Islamic Law of Inheritance. The general rule is that since he is known to be alive but only disappeared, he must be taken as still alive and existing until the contrary is proved. The property of such a person must not be shared among his heirs and are to be reserved until his true situation is known, or substantial time had elapsed that there is strong assumption that is dead or there is judicial pronouncement to that effect. Thus, inheritance of a missing person (mafqud) lies on the arguments forwarded by each school of Islamic jurisprudence or jurists, because there is no provision from the Noble Qur’an and Sunnah. The methodology adopted in this research is qualitative research. It is the objective of this work to trace the history in order to identify what constitute inheritance of a missing person (mafqud), look into the provision of the Qur’an and Sunnah and see how the heirs are categorized, analyze what will be the position if a missing person returns after he is judicially pronounced dead and look into different arguments provided by different Islamic schools of thought in respect to inheritance of a missing person (mafqud). It is also the conclusion of this work that the property of missing person must not be shared among his heirs and are to be reserved until his true situation is known, or substantial time had elapsed that there is strong assumption that is dead or there is judicial pronouncement to that effect.
subject: Articles
  topic: section
subject: Inheritance, Rights, Missing Person, Islamic Law, Estate, Heirs
  topic: keywords
creator: Abdulrasheed Ishola Yakub
rights: Copyright (c) 2025 Abdulrasheed Ishola Yakub https://creativecommons.org/licenses/by/4.0
date: 2025-06-24
publication date: 2025-06-24
doi: 10.53704/d8qrfg69

Legal and Institutional Frameworks for Effective Application of ADR in Marital Disputes
type: item
description: Alternative Dispute Resolution (ADR) has emerged as a viable mechanism for resolving marital disputes in a manner that is less adversarial, more cost-effective, and emotionally considerate compared to conventional litigation. This paper examines the legal and institutional frameworks that support the effective application of ADR in resolving marital conflicts in Nigeria. It critically analyses statutory provisions such as the Matrimonial Causes Act, the Child Rights Act, the Arbitration and Mediation Act 2023, and various rules of court which permit or encourage mediation and reconciliation in matrimonial proceedings. The study further explores the roles of key institutions, including family courts, customary and religious dispute resolution forums, and government-established bodies such as the Citizens' Mediation Centres and the Multi-Door Courthouses. By identifying the strengths and limitations of the existing frameworks, the paper highlights the potential of ADR in promoting privacy, preserving familial relationships, and ensuring outcomes that are more tailored to the interests of the parties especially in matters involving children and shared property. It also addresses challenges such as cultural resistance, lack of awareness, insufficient training of mediators, and the need for gender-sensitive approaches. The paper concludes by advocating for enhanced legal reforms, capacity-building programs, and stronger institutional synergy to make ADR a more accessible, trusted, and effective tool in the resolution of marital disputes.
subject: Articles
  topic: section
creator: Saheed Abiola
creator: Azeezat Adisa
rights: Copyright (c) 2025 Azeezat Adisa https://creativecommons.org/licenses/by/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 69
ending page: 88
doi: 10.53704/qmawkd31

OVER-RELIANCE ON DISSOLUTION OF MARRIAGE: A CRITICAL STUDY OF NIGERIA'S UNDERUTILISED MATRIMONIAL RELIEFS WITH EMPIRICAL FOCUS ON OSUN STATE
type: item
description: This study investigates the persistent over-reliance on dissolution of marriage as the primary matrimonial relief in Nigeria, despite the availability of alternative remedies under the Matrimonial Causes Act, including judicial separation, restitution of conjugal rights, and nullity of marriage. Using Osun State as an empirical focal point, the research adopts a socio-legal and qualitative approach, combining legal doctrinal analysis with data obtained through structured questionnaires administered to legal practitioners, litigants, and members of the public. The findings reveal that while the legal framework supports a diversity of matrimonial reliefs, public awareness and actual utilisation remain significantly skewed toward dissolution of marriage. Respondents overwhelmingly reported either ignorance of or lack of encouragement by lawyers to pursue alternatives, reinforcing dissolution of marriage as the default remedy. The study concludes that the dominance of dissolution of marriage is not due to legal inadequacies, but rather to informational, professional, and socio-cultural factors. It recommends public sensitisation, legal education reform, and proactive engagement by legal practitioners to promote a more balanced application of matrimonial remedies.
subject: Articles
  topic: section
subject: Matrimonial Reliefs, Osun State, Marriage Breakdown, Legal Awareness, Judicial separation
  topic: keywords
creator: Zaynab Omotoyosi Shittu-Adenuga PhD
creator: Oyinkansola Elizabeth Owoeye
rights: Copyright (c) 2025 Zaynab Omotoyosi Shittu-Adenuga PhD, Oyinkansola Elizabeth Owoeye https://creativecommons.org/licenses/by/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 51
ending page: 68
doi: 10.53704/82bpx467

THE ISLAMIC PRINCIPLES OF INHERITANCE AND RESISTANCE ATTITUDE OF MUSLIMS IN THE APPLICATION OF THE LAW: HYPOTHESIS OF SOME JUDICIAL RULINGS
type: item
description: The subject of inheritance remains a vital tool in the redistribution of wealth from a deceased to a living person(s). From the time immemorial succession or inheritance is known to create grudges and hostilities among siblings and family relations as a result of either greed from one person or group of persons or that the rules most especially among the indigenous customary practices creates vacuum for injustice, domination and over concentration of wealth in a single hand or a very few hands of people at the expense of the others. The Islamic Law established the most defined, elaborate and equitable principles of inheritance, attention were clearly and cleverly paid to all classes of persons who mature places in the affection of the deceased either on ground of blood or affinity. Notwithstanding the long time settled position of the Islamic Law whose subject are Muslims, seems either not understanding the embodiment of the Islamic Law of Inheritance or that many Muslims take pride in the resistance to the application of the Islamic Law of Inheritance in the circumstances of the distribution of the estate of the deceased Muslim. This paper discussed cardinals of Islamic principles of inheritance and the resistance attitude of the Muslims with reference to some judicial rulings. If you found that many people are found in these identifies problems as a result of lack of adequate knowledge and enlightenment on this subject among the Muslims. It therefore makes it imperative that there should be an organized mass campaign to educate and enlighten Muslims at various fore as lectures, Friday sermons and other public gatherings. This research adopted library literatures examination and oral interactions with a number of people among the youth Muslims.
subject: Articles
  topic: section
creator: Fasasi Wasiu Adetayo
creator: Yusuf M. Abdulrasheed
rights: Copyright (c) 2025 Fasasi Wasiu Adetayo, Prof. Yusuf M. Abdulrasheed https://creativecommons.org/licenses/by/4.0
date: 2025-06-23
publication date: 2025-06-23
starting page: 42
ending page: 50
doi: 10.53704/csf2nd91

Constitutionalizing the Right to a Healthy Environment: A Pathway to Enforcing the SDGs in Nigeria
type: item
description: This article explores the imperative of constitutionalizing the right to a healthy environment in Nigeria as a legal mechanism to enhance the enforceability of environmental dimensions of the Sustainable Development Goals (SDGs), particularly SDG 6 (Clean Water and Sanitation), SDG 13 (Climate Action), and SDG 15 (Life on Land). Grounded in legal theory and doctrinal analysis, it critiques Nigeria’s current constitutional framework, where environmental protection remains a non-justiciable directive under Section 20 of the 1999 Constitution. Drawing on leading Nigerian case law such as Gbemre v. Shell and Centre for Oil Pollution Watch v. NNPC, the article examines how Nigerian courts have attempted to infer environmental rights through existing fundamental rights. Comparative analysis from South Africa, Kenya, and Colombia illustrate how express constitutional recognition of environmental rights has enabled robust judicial enforcement of environmental standards and advanced sustainable development. The article argues that enshrining the right to a healthy environment in Nigeria’s Constitution would provide a clearer legal foundation for environmental litigation, enhance regulatory accountability, and align domestic law with global sustainability commitments. It concludes that constitutional reform is not only timely but essential to achieving environmental justice and fulfilling Nigeria’s SDG obligations.
subject: Articles
  topic: section
subject: Environmental constitutionalism
  topic: keywords
subject: Sustainable Development Goals
  topic: keywords
subject: Environmental rights
  topic: keywords
subject: Nigeria
  topic: keywords
subject: Comparative environmental law
  topic: keywords
creator: Ufuoma Garvin Oyibodoro
rights: Copyright (c) 2025 Ufuoma Garvin Oyibodoro https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 169
ending page: 185
doi: 10.53704/6hpwvy06

JUSTIFICATION FOR ISLAMIC PENOLOGY: A COMPARATIVE STUDY OF CRIME RATES BETWEEN UNITED STATES OF AMERICA AND SAUDI ARABIA
type: item
description: Nowadays, crimes have become the order of the day while criminals now roam freely around. The situation seems to be that many of current legal systems have been too flexible in delivering punishments on capital offenses, and this apparently has given criminals the liberty to act as they wish as there are no stringent punishments for their offenses and the only way to address the unpleasant situation is to embrace stringent punishment for these crimes. Arguably, the application of Islamic criminal law is essential particularly in respect of social vices which pervade a number of societies while some current legal systems have not been able to arrest the situation. Unfortunately, one of the contemporary challenges facing Islamic law is the issue of compatibility between Islamic criminal law and international human rights law; on the ground that Ḥudūd, being an aspect of Islamic law, has over the years been described as barbaric, inhumane, cruel, harsh, and an act of extremism. Thus, this paper seeks to explore the justification of Islamic penology by comparing crime rates between Saudi Arabia and that of the United States of America. Using data and statistics to illustrate the differences between the two countries, the paper reveals that although each country adopts different approaches to criminal justice, the implementation of Islamic penology in Saudi Arabia has had a positive impact on crime rates. The paper concludes by suggesting that many countries can benefit from adopting Islamic penology as a way to reduce crime.
subject: Articles
  topic: section
subject: ?ud?d, Justification, Criticism, Saudi Arabia, USA
  topic: keywords
creator: Isa Olawale Solahudeen, Ph.D
rights: Copyright (c) 2025 Isa Olawale Solahudeen, Ph.D https://creativecommons.org/licenses/by/4.0
date: 2025-02-01
publication date: 2025-02-01
starting page: 24
ending page: 41
doi: 10.53704/2skyvx34

COPYRIGHT FOR CINEMATOGRAPHIC PRODUCTIONS UNDER THE NIGERIAN LEGAL INSTRUMENT: AN INVESTIGATION OF ISLAMIC LAW STANDARDS
type: item
description: Copyright is a form of intellectual property that grants the originator the exclusive right to its creativity such as books, scripts, films, records etc. The significance of the copyright cannot be underestimated; as it allows the owner of the right to enjoy certain benefits such as legal protection, royalties and licensing rights. Under the Nigerian Copyright Act 2022, film productions are accorded such rights while a Board so established is empowered by provisions of the National Film and Video Censors Board Act (NFVCBA) to censor and classify such film productions. It is disheartening, however, to observe that contents of many films produced in Nigeria, which is the second largest films producing nation in the world, are immoral and this has adverse effects on the country’s society especially the youths who are the majority viewers. Thus, this paper aims to investigate the application of Islamic law standards to copyright for cinematographic productions under the Nigerian legal instruments. Overall, this paper seeks to better understand the Islamic law standards when it comes to copyright for cinematography and how it should be balanced to promote creativity and ensure morality. The paper relies on content analysis of both primary ie the Qur’an, the Hadith, the Nigerian Copyright Act 2022 and NFVCBA; and secondary sources of information like articles in journals, internet materials, text books of Islamic jurisprudence and others. It is hoped that the findings of this paper will contribute to the development of an effective and equitable copyright law framework in Nigeria and beyond. The paper concludes by recommending that the Nigerian Copyright Act should be amended and categorically make provision for ineligibility of immoral cinematography copyright. The paper equally recommended that the Nigerian film productions industry (Nollywood) should borrow leaf from Indian film productions industry (Bollywood) in displaying on the screen words of caution and warning w…
subject: Articles
  topic: section
subject: Copyrights, Cinematography, Nigeria, Islamic Law Standards, Objectives.
  topic: keywords
creator: Isa Olawale Solahudeen, Ph.D
rights: Copyright (c) 2025 Isa Olawale Solahudeen, Ph.D https://creativecommons.org/licenses/by/4.0
date: 2025-02-02
publication date: 2025-02-02
starting page: 12
ending page: 23
doi: 10.53704/16v9sd79

LEGALITY OF IN VITRO FERTILIZATION SYSTEM AMONG THE COUPLES IN ISLAMIC LAW
type: item
description: The traditional problems associated with childbirth had drastically reduced with the emergence of Assisted Reproductive Technologies (ART) and considerable advancement in the field of embryology and bio-medics in which In Vitro Fertilisation (IVF) is one of them. This innovation came about as a result of the need to cure infertility. This paper examines the legality of intro fertilization system in Islamic family Law. The study adopted the doctrinal method of legal research by conducting a qualitative content analysis of primary and secondary sources of materials. The primary sources include the Nigerian 1999 Constitution, Quran, Hadith and the Sunnah. The secondary sources include Ijm’a (consensus of Opinion), Qiyas (Analogical Deduction), books, journals and other text such as articles from newspapers, magazines and computer aided electronic research (internet) like Westlaw International and Lexis Nexis. The paper found that the practice of In vitro fertilization system has been in practice among Muslims for decades and it is permissible in Islamic Family Law with strict regulation of its uses. The paper concludes that its practice has been proven to have procure over 5 million babies. The paper recommends that it is important to educate Muslims that would want to take advantage of IVF treatment as to the extent of the permissibility and its use.
subject: Articles
  topic: section
creator: Adewara, Tajudeen Zubair
rights: Copyright (c) 2025 Adewara, Tajudeen Zubair Adewara, Tajudeen Zubair https://creativecommons.org/licenses/by/4.0
date: 2025-02-19
publication date: 2025-02-19
starting page: 464
ending page: 481
doi: 10.53704/52zdgj10

Concept, classification and management of property in Islamic Law.
type: item
description: Islamic Law provides a comprehensive framework for property ownership and management, balancing individual rights with communal responsibilities. As a result of this therefore, this article examines the classifications of property in Islamic law of inheritance with a view to discovering the lawful and unlawful property which is subject to ownership through inheritance to achieve justice and harmony through this classification. It traces the background implementation of this principles of Islamic Law of inheritance in order to reflect the Islamic vision of a balanced and equitable society on the one hand and the implications of understanding the concept and classification of property in Islamic law which has significant implications for economic development, social justice, community welfare and individual moral responsibility on the other hand. It also examines the possibility of inheriting illegally acquired property in Islamic Law. The paper adopts a content analysis of both primary and secondary sources to justify the concepts, classification and management in Islamic Law of Inheritance. The paper discloses that the knowledge of what is right to be inherited and what is not legally right to be inherited is important in the field of Islamic Law. It concludes by enumerating the significance of knowing the instrumentality and science of Islamic law of inheritance which may be beneficial to all Muslims in order to be just and equitable in distribution of the deceased Estate. It recommends that there should be a framework put in place to determined the inheritable and non inheritable property of the deceased Muslim before its distribution to the legal heirs.
subject: Articles
  topic: section
creator: Dr Tajudeen Adewara Zubair
creator: Yunus O.M
rights: Copyright (c) 2025 Dr Tajudeen Adewara Zubair, Yunus O.M https://creativecommons.org/licenses/by/4.0
date: 2025-02-28
publication date: 2025-02-28
starting page: 482
ending page: 496
doi: 10.53704/nfpngt06

REFERENCING STYLE IN THE NIGERIAN ACADEMIA: THE CHALLENGES OF ISLAMIC LAW RESEARCHERS
type: item
description: Until recently, the University of Ilorin Law Referencing Style (UNILARS) is adopted for postgraduate researchers as guide for referencing in academic writings. This also include Islamic law researches. The guide has been in place for more than a decade. Student researchers have always struggled to comply with the obvious requirement of the guidelines, despite its various discrepancies and ambiguous provisions. In the case of Islamic Law researchers, it became more perplexed adopting UNILARS due to the wide vacuum existing in the guidelines regarding Islamic law literature and their unique features in the manner of its presentation; writing names, date, title of literature, correct manner of referencing Qur‘ān and Hadīth etc. Although, the identified lacuna is not peculiar to UNILARS alone, various other referencing styles like the Nigerian Association of Law Teachers (NALT) Referencing Style etc. also fall short of the recognition. Unity of style in referencing Islamic law literature could however not be achieved, despite adopting a referencing style. These have one way or the other, contribute to the challenges of adopting UNILARS and some other referencing styles in academic writings. This research therefore identified some of the challenges embedded in adopting UNILARS, through doctrinal cum non-doctrinal but qualitative research methodology. The research found and highlights some of the uniqueness of Islamic Law literature which are paramount for consideration in styling any referencing guide. A model referencing style is therefore proposed for Islamic law researchers named: University of Ilorin Sharī‘ah Law Referencing Style (UNISLARS) to curb the challenges.
subject: Articles
  topic: section
subject: Referencing; Islamic Law; UNILARS; Researcher
  topic: keywords
creator: Aliyu Imam
rights: Copyright (c) 2025 Aliyu Aliyu IMAM https://creativecommons.org/licenses/by/4.0
date: 2025-09-04
publication date: 2025-09-04
starting page: 307
ending page: 319
doi: 10.53704/ds0cnx44

Addressing Transboundary Environmental Harm through Technology: Mitigating the Tragedy of the Commons in Global Resource Management
type: item
description: Transboundary environmental harm—including pollution, deforestation, biodiversity loss, and climate change—has become a critical global concern, escalating despite widespread awareness and numerous policy interventions. This paper evaluates the relationship between transboundary environmental harm, the tragedy of the commons, and the mitigating potential of technological innovation in global environmental governance. Using case studies, the research examines how technological tools such as remote sensing and AI-driven environmental modelling have been deployed to monitor, manage, and prevent cross-border ecological degradation. Employing a qualitative research methodology, the study finds that the persistence of the tragedy of the commons in transboundary contexts is largely due to weak enforcement mechanisms and conflicting national interests. However, technology has demonstrated promise in fostering transparency, accountability, and cooperative decision-making through real-time data sharing and independent monitoring, thus reducing information asymmetry among states. While technology alone cannot resolve transboundary environmental challenges, this paper argues that, when integrated with robust governance frameworks and strengthened multilateral cooperation, it can significantly contribute to sustainable and equitable resource management. The paper concludes by recommending greater investment in shared technological platforms and the establishment of binding regional protocols to enhance collective environmental stewardship.
subject: Articles
  topic: section
creator: Oluwaseye Adeboye
rights: Copyright (c) 2025 Oluwaseye Adeboye https://creativecommons.org/licenses/by/4.0
date: 2025-05-29
publication date: 2025-05-29
starting page: 1
ending page: 11
doi: 10.53704/wr6bz153