university of maiduguri research compendium (faculty of law) of sharia... · 2019-01-04 ·...
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University of Maiduguri Research Compendium (Faculty of Law)
Dr Magaji Chiroma, SP No. 5689, LL.B and Sharia, LL.M, PhD (Laws), B.L
1) Research Title Civilian Protection in Armed Conflicts under International and Islamic Humanitarian
Laws
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers
Address(es)
Department of Shariah, Faculty of Law University of Maiduguri
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Unpublished
Year of publication
Unpublished
Source of Funding
Self- funded
Abstract International and Islamic Humanitarian laws are two legal regimes which play a vital
role in providing legal backings and frameworks for the protection of civilian
persons and objects; especially in situation of armed conflicts where warfare, civil
strife, cruelty, killings and degrading treatment of civilians and destruction of their
properties are most likely. The most controversial and challenging issue bedevilling
the civilian protection in recent times is the violent and indiscriminate attacks against
their persons and objects through suicidal methods of attack. The basic principles
governing the conduct of hostilities under International humanitarian law are laid
down largely in the Geneva Conventions and the Additional Protocols. According to
these principles, belligerents must distinguish between civilians and combatants and
between civilian objects and military objectives. In addition, belligerents should also
desist from making civilian population or individual civilians object of their attacks.
The protection provided for by these Protocols extends to all civilians but with the
popular proviso: ‘unless and for such time as they take a direct part in hostilities’.
Similarly, the same principles are also laid down under the Islamic humanitarian law
as contained in the Qur’an and Sunnah of the Prophet (pbuh). This work therefore
attempts to explore the similarity and dissimilarity between International
humanitarian and Islamic laws in respect of the general and specific principles
governing the protection of civilian persons and objects. In the end, it is the humble
belief of the author that the work would be of beneficial to students, teachers, policy
makers, NGOs and International organizations, especially in determination to find a
lasting solution to incessant civilian casualties during conflicts.
Research/ Citation
Impacts
2) Research Title Institutionalization of Fatwā (Islamic Legal Verdicts) in Nigeria as a Panacea for
Incessant Islamic Extremism: A Lesson to Learn from Malaysia
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers Address(es) Department of Shariah, Faculty of Law University of Maiduguri
Correspondence address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Unpublished
Year of publication
Unpublished
Source of Funding
Self- funded
Abstract Researches have shown that fatwā (Islamic legal verdict) has important role to play
in the contemporary society, more especially in countries with large number of
Muslims such as Nigeria. However, previous empirical studies revealed that only
little research was carried out on fatwā particularly in terms of its inter-relationship
with the practical life situation. While previous studies have focused largely on the
classical value of fatwā and its different manifestations in the modern Muslim
societies, this work seeks to understand the utilitarian value of fatwā in its interaction
with the modern dispensation. Thus, this research attempts to fill a relative gap in the
scholarship on fatwā and its relevance to Nigeria by making reference to Malaysian
experience. Generally, most people understand the concept of fatwā from the
traditional perspective as the personal and non-binding legal verdict of Muslim
scholars. However, this is a clear misconception about the understanding of the
technical meaning and utilitarian value of fatwā as well as its role in the
contemporary society. This work therefore examines the assumptions that underlie
the interactions between the fatwā concept and its institutionalisation on one hand;
and its relationship with some selected institutions on the other hand. In gathering
the research data, doctrinal and non-doctrinal methodologies were used in
accordance with the design set out herein. Consequently, this research finds that
fatwā can be utilised as an instrument for social and ideological change, as well as a
catalyst for the socio-economic and political developments. In the end, the work
reveals the relevance of the Malaysian fatwā model to Nigeria. To that effect, the
work suggests the legal framework for institutionalisation of fatwā in Nigeria, which
if successfully executed, could go far in tackling the religious controversies,
extremism and terrorism in the country.
Research/ Citation
Impacts
3) Research Title Appraisal of Islamic Law Position on the Amnesty to Boko Haram
Researchers Name(s)
(lead researcher first)
Magaji Chiroma, 1 Ibrahim Muhammad Ahmad 2, Aishatu Kyari Sandabe 3, Yusuf
Mohammad Yusuf 4
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 4 Department of Private Law, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Unpublished
Year of publication
Unpublished
Source of Funding
University of Maiduguri
Abstract Terrorism has become a global phenomenon that affects not only the wellbeing and
the peaceful co-existence of the people; it also affects the sustenance of development,
peace, and security. Several measures have been put in place to tackle the menace of
terrorism including providing for capital punishment and economic embargoes, but to
no avail. However, in recent times, series of suggestions have been made on other
means of ending terrorism such as dialogue and amnesty since history has shown that
military might or brute force have never brought hostilities to an end. Therefore, it is
on this basis that this paper appraises the position of Islamic law on the amnesty
granted to Boko Haram insurgents. The paper concludes that the conditional amnesty
granted to terrorists in general and to Boko Haram in particular is not only a lawful
thing to do but it is something that is necessary and timely; especially in an effort to
end all forms of insurgencies in the country. The paper recommends that to fight
terrorism generally the populace must be united as terrorism does not respect borders.
Among the issue to be looked as suggested by the paper is the definition of terrorism
in the light of global contemporary challenges. It recommends a much more inclusive
and harmonised definition of terrorism which will strike a balance between terrorist
activities and a genuine struggle in the pursuit of the right to self-determination
which is a major factor that drags many people into violence.
Research/ Citation
Impacts
4) Research Title Juxtaposing Husband’s Right to Sex with Marital Rape: The Islamic Law Perspective
Researchers Name(s)
(lead researcher first)
Magaji Chiroma 1,, Yusuf Mohammad Yusuf2, Goni Usman3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Private Law, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: University of Maiduguri Journal of Islamic and Comparative Laws
UNIMAIDJICOL, Vol.2, No.1, (December2017), pp 60-71
Year of publication
December 2017
Source of Funding
Self-funded
Abstract Marriage is an institution that brings about love, joy, affection and sexual satisfaction
to both husband and wife. One of the objectives of marriage is to promote
procreation of human nature on the surface of the earth. This obviously stems from
the lawful union between the married couples. In Islamic law, the term marriage is
referred to as “aqd al-nikah” i.e. the formal contract which signifies the commitments
and consent of both parties to abide by the terms, conditions and lawful stipulations
of the agreement as contained in Shari‘ah (Islamic law). Consent is one of the
essentials of marriage contract under the Islamic corpus juris. Once parties have
unequivocally consented to get married to one another, they should equally be bound
by what they have consented to. As a matter of religious injunctions both husband
and wife have similar and reciprocal rights and duties to one another. One of such
rights is the right of sexual relationship. It is indeed an obligation on a wife to allow
her husband have and fulfil his sexual desire, and vise-versa. However, such right
and obligation can be derogated and/or waived in some circumstances enumerated by
shari‘ah itself. In light of this therefore, the paper examines the husband’s right to sex
under the shari‘ah with a view to analyzing the legal implication, scope and effects of
“a marital consent” in Islamic marriage contract. In the end, the paper juxtaposes the
position of shari‘ah on the husband’s right to sex from the notion of marital rape.
Finally, the paper recommends for the enactment of an Islamic Family Code in
Muslims dominated communities, with emphasis on provisions of stringent physical
punishment on the perpetrators of sexual assaults as well as issues of compensation,
forfeiture and apology to the victims of the violence against women should be made
compulsory
Research/ Citation
Impacts
5) Research Title “I kill them, I die Martyr”, Is suicide attack Martyrdom? Towards a Harmonization
of Mufti’s dilemma in Islamic Jurisprudence”
Researchers Name(s)
(lead researcher first)
Magaji Chiroma, 1 Aishatu Kyari Sandabe 2,
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: University of Maiduguri Journal of Islamic and Comparative Laws
UNIMAIDJICOL, Vol.1, No.1, pp 60-71
Year of publication
June 2016
Source of Funding
Self-funded
Abstract Suicide attacks nowadays have become recurrent tactics of warfare used by militants
group during conflicts in different parts of the world, especially within the Muslim
developing and under-developed countries. The attackers, mostly use the tactics to
kill people (who are presumed as enemies) while knowing fully that they will
certainly or most likely die in the process. It has been opined by some scholars that
several factors are responsible for the commission of suicide attack, which inter alia
but not limited to the following factors, namely: religion or ideology, politics and
socio-economic factor. However, the most controversial one among them is the
religious or ideological factor. Religiously, the acts of suicide attacks are perceived
on the one hand as a just means of effecting jihad (war) against enemies of Islam and
as well as pinnacle of sacrifice and bravery in the cause of Allah. By so doing, they
have a better future to live for, as they die martyrs (shahīd). On the other hand, it is
considered as a self-murder and an attempt to endanger the innocent civilian lives.
These divergent views have indeed created a dilemma and vacuum for understanding
the concept of fatwā (Islamic legal opinion) and the role of muftī(s) (Muslim jurists
who issue fatwā) in this contemporary society. In the end, the paper recommends that
the Organization of Islamic Cooperation (OIC) through its Islamic Fiqh Academy
should come out with some harmonious verdicts (fatāwā) in response to major
controversies bedevilling the Muslim ummah (community). This could be done by
objectively resorting to the primary sources of shari‘ah (Qur’an and Sunnah); and
also by putting into cognizance of the religious and public interests (masālih al
mursalah) in taking any decision; thereby weighing the benefit (maslahah) and
wrong (mafsadah) that it may cause to the religion and the Muslim community
(Ummah) at large
Research/ Citation
Impacts
6) Research Title Revisiting the Role of a Muftī in the Criminal Justice System in Africa: a Critical
Appraisal of the Apostasy Case of Mariam Yahia Ibrahim
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Hunud Abia Kadouf 2, Umar A. Oseni3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Civil Law, Faculty of Law IIUM, Malaysia 3 Department of Civil Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Pertanika J. Soc. Sci. & Hum. 23 (S): 1 – 18, ISSN: 0128-7702,
Universiti Putra Malaysia (UPM) visit the Journal’s web link at
htt://www.pertanika.upm.edu.my
Year of publication
2015
Source of Funding
Funded by International Islamic University Malaysia
Abstract The formal dispensation of criminal justice in pluralistic legal systems has continued
to generate academic interest in the last few decades. This has always been
influenced by the colonial and post-colonial historical legal reforms in the African
continent. Islamic law has played a very significant role in the evolution of the
modern nomenclature of legal systems of some of African countries, particularly the
common law-based jurisdictions. Though the application of Islamic law, particularly
its criminal justice component, was relegated to mere personal matters as part of the
colonial baggage, it has been struggling to re-assert itself in some North, East and
West African countries. This paper therefore examines the dynamics of the
application of Islamic criminal justice system in Africa and the role of mufti based on
a case study of a recent apostasy case in Sudan. While the case as well as the decision
of the court has touched off a maelstrom of controversy and rekindled the narratives
of human rights activists globally on the sacrosanct nature of freedom of religion,
Muslim jurists have argued that Islamic law provides punishments for specific
offences such as hudud, qisas and diyyah; the rationale behind such punishments is
not only to punish the offenders, but also to deter other people from committing same
offence. For apostasy issues, there is a kind of link established between this offence
and treasonable felony in Islamic legal discourse, which might warrant capital
punishment. Having reviewed these diverse positions, the paper finds that Islamic
legal principles and maxims contain numerous principles that should guide the judge
in arriving at a decision, particularly when it relates to such a serious offence. This is
where the mufti might plays his role in advising the judge on core issues in a case
while taking into consideration the context of each case. In the Sudanese case of
Mariam Yahia Ibrahim, the trial judge should have looked beyond the content of
statute by seeking further clarifications from a learned mufti in order to ascertain the
social and religious background of the parties involved
Research/ Citation
Impacts
Pertanika is almost 40 years old; this accumulated knowledge has resulted in
Pertanika JSSH being abstracted and indexed in SCOPUS (Elsevier), Thomson (ISI)
Web of Knowledge [BIOSIS & CAB Abstracts], EBSCO & EBSCOhost, DOAJ,
Cabell’s Directories, Google Scholar, MyAIS, ISC & Rubriq (Journal Guide).
7) Research Title Shari‘ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving
the Lost Glory of its Past
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2, Mohamad Asmadi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Pertanika J. Soc. Sci. & Hum. 23 (S): 55 – 66, ISSN: 0128-7702,
Universiti Putra Malaysia (UPM) visit the Journal’s web link at
htt://www.pertanika.upm.edu.my
Year of publication
2015
Source of Funding
Funded by International Islamic University Malaysia
Abstract Islamic institutions including courts and fatwā have been in existence in Nigeria
since the advent of Islam in the country. While the courts were established in order to
adjudicate between disputant parties, muftīs were also used as assessors (court
officials) who are responsible for assisting the courts in dispensation of justice. When
the colonial administrators came, they introduced their legal system to the colonies,
which led to a gradual wipe away of some aspects of the Islamic legal system
(including the courts and fatwā institutions). The doctrine of the tripartite tests (i.e.
the repugnancy test, incompatibility test and public policy test) was introduced into
the country’s legal system to the extent that the full and hitherto application of
Islamic law was modified and some were suspended. Muslims are left only with
matters bothering on the civil causes and personal matters. Islamic jurists such as
muftīs became functus officio in the Shari‘ah Courts. In view of this, the paper
explores the possibility of finding an avenue on how to revive the past glory of
muftīs in the Nigerian justice system. Thus, it sets out some modalities on how fatwā
can be streamlined to achieving this objective. One of such modalities is to
institutionalize fatwā in the country.
Research/ Citation
Impacts
Pertanika is almost 40 years old; this accumulated knowledge has resulted in
Pertanika JSSH being abstracted and indexed in SCOPUS (Elsevier), Thomson (ISI)
Web of Knowledge [BIOSIS & CAB Abstracts], EBSCO & EBSCOhost, DOAJ,
Cabell’s Directories, Google Scholar, MyAIS, ISC & Rubriq (Journal Guide).
8) Research Title “Sam Same-Sex Marriage versus Human Rights: the Legality of the Anti-Gay and Lesbian
Law in Nigeria
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Awwal Ilyasu Magashi2
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Faculty of Law Bayero University Kano, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Publis Published in: International Law Research, Vol. 4, No. 1 (2015), pp 11-23, Canadian
Center of Science and Education, Toronto, Canada
Year of publication
2015
Source of Funding
Self-Funded
Abstract As an avenue to guarantee and ensure the enjoyment of social right to live in a
private life and have a family, spouses have been permitted and encouraged by
various laws to get married to one another. The concept of marriage has been
generally understood and confined within the following meaning: “a legal union
between a male and a female with a view to becoming husband and wife.” Such
definition precludes any unionism that may occur between same-sex couples in a
manner contrary to the law and public policy. Recently, the Nigerian Government has
signed into law a bill known as “Same-Sex Marriage (Prohibition) Bill, 2011”. The
Bill prohibits a marriage between two same couples and all sort of matters connected
therewith such as forming an organization that has to do with same-sex marriage. The
prohibition has been supported by the religious teachings, people’s culture, public
policy and morals in the country. The passage of the Bill into law has attracted series
of condemnations by some of the international community and proponents of same-
sex marriage. For it is said to have been enacted contrary to the human rights law and
the Nigerian constitution. According to the proponents of same-sex marriage, the
passage of the Bill into law is an attempt to deprive some minorities of their basic
social rights such as right to live in a private life and right to have a family; freedom
to assemble peacefully; and freedom from being discriminated as contained under the
International, regional and domestic instruments. Hence according to them, the
Enactment is illegal and unconstitutional. It is against this controversy, the paper
attempts to examine the legality of the anti- gay law in Nigeria with a view to
drawing a line of demarcation between the protection and guaranteee of human
rights on one part and the right of gays to marry one another on the other part.
Research/ Citation
Impacts
9) Research Title Role of Fatwa in the Fight against Terrorism: The Relevance of the Malaysian Fatwa
Model to the anti-Boko Haram Crusade
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2, Mohamad Asmadi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Journal of Law and Social Sciences (JLSS) Vol. 4, No 1, December
2014, at 34-38, Global Science and Technology Forum (GSTF), Singapore, available
at http://dl.globalstf.org
Year of publication
2014
Source of Funding
Funded by International Islamic University Malaysia
Abstract The institution of fatwā plays a vital role in the contemporary society, more
especially in a diverse society where different people and different legal regimes
exists. It can be utilized as an instrument of social, political and religious control.
Institutions of fatwā harmonize the religious perceptions, ideologies and beliefs of
people, thereby regulating their conduct of religious activities in such a manner that
can be acceptable to the Islamic tenets, public policy and contemporary
developments. In Malaysia, fatwā has been institutionalized and has been used in all
the spheres of administration and activities related to human endeavour. By
admiration, such model could be borrowed by other countries, especially those facing
security challenges, which are believed to have been emanated from the religious
extremism. The Nigerian “Boko Haram” conflict is a typical example of the religious
sectarianism, the genesis of which was rooted from the erroneous religious belief that
“western education is forbidden or unlawful”. In view of this, the paper suggests
among other things; that the Nigerian Government (including the State Governments)
in consultation with the Islamic scholars, should immediately set up a powerful
Islamic fatwā institutions, or empower the existing ones with statutory legal backing
similar to the practice in modern Muslim countries like Malaysian.
Research/ Citation
Impacts
10) Research Title Islam versus Gender Equality: The Reality about the Islamic Principle of Liddhakari
Mithlu Hazzi al- Unthayayn (Two Female Portion is Equivalent to a Male Portion,
2:1) in the Distribution of a Deceased’s Estates
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Umar Suleiman Abbo Jimeta2, Laminu Bukar3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: European Scientific Journal July 2014 edition vol.10, No.19 Portugal,
ISSN: 1857 – 7881 (Print) e - ISSN 1857- 7431, 264-278
Year of publication
2014
Source of Funding
Self- funded
Abstract Islam is a religion that always advocates justice, equity and fairness among people.
The religion enjoins its followers to render back justice to whom it is due, even if it
can conflict with their interest. Jurisprudentially, the concept of justice has been
understood as a subjective phenomenon, but that does not in any way negates the
objectives of Shari‘ah (maqasid al-Shari‘ah) in terms of ensuring and maintaining
justice among people in the society. In fact, Islam is guided by the revealed sources
of law that treats all people equally irrespective of their gender, status, affiliation and
background. But then, only the knowledgeable people and the men of wisdom can
understand the actual meaning and interpretation of Islamic injunctions. One of the
glaring issues that have been confusing people in recent times, most especially
people from the faiths other than the Islamic faith, is the issue of gender equality
from the Islamic perspective. Notably, the Islamic principle of inheritance that
apportioned for a male heir a larger portion of inheritance over a female heir; which
nowadays has been seen by some people as an obstacle in achieving the international
mission and vision on the actualization of gender equality in the world. It is against
this backdrop, the paper clarifies the misconception and misunderstanding involved
in the Islamic principles of 2:1. Thus, the paper reveals the actual meaning and
wisdom behind such principle within the purview of Islamic law of intestate
succession.
Research/ Citation
Impacts
11) Research Title “Quality” Versus “Quantity” of Children: Towards Achieving the Objectives of
Marriage in Islamic Family Law
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: International Journal of Humanities and Social Science Invention ISSN
(Online): 2319 – 7722, ISSN (Print): 2319 – 7714 www.ijhssi.org Volume 3 Issue 6
(June. 2014) 35-40
Year of publication
2014
Source of Funding
Self- funded
Abstract There is no gainsaying the fact that Muslims are permitted to get married for the
purpose of procreation and sexual satisfaction. Similarly, it is also a duty incumbent
upon Muslims to maintain their family and ensure moral upbringing of their children.
Thus, Islamic law has enjoined Muslims to marry and give birth to children who
become ambassadors of the religion and community here on earth, as well as the
pride of the parents in the life hereafter. However, it is not the sole aim of the religion
to only advocate on having a large number of children, but also to have a qualitative
Ummah (community). It is in view of this, the paper juxtaposed the two concepts,
namely: “Quality” and “Quantity” under Islamic family law, with a view to striking a
balance between the two in order to achieve the real objectives of marriage as
enshrined under Islamic family law.
Research/ Citation
Impacts
12) Research Title Chiro Pre-Marital Medical Examination is a Panacea to the High Rate of Parental Mortality
in the Society; A Reflection on its Implication towards Children Upbringing: An
Islamic Jurisprudence Perspective
Researchers Name(s)
(lead researcher first)
Magaji Chiroma,1 Laminu Bukar 2, Umar Suleiman Abbo Jimeta 3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Publi Published in: Journal of Law, Policy and Globalization, Vol. 25 (2014), at 47-61, New
York, USA, ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online).
Year of publication
2014
Source of Funding Self-funded
Abstract Procreation and establishment of happily and healthy community is among the
objectives of marriage in Islam. Establishment of a healthy family is the foundation
of having a successful and vibrant community. Obviously, health is an engine room
for survival here in the world and as well, a key leading to success in the Day
hereafter. Children are product of marriage and indeed assets to the family and the
community at large. They require so much parental care in order to become good
ambassadors of their communities. Unfortunately, in recent times, such parental care
has been taken away by high rate of parental mortality that bedevilled most of the
Muslims developing countries. Death of parents has denied children from having
access to primary care which they ought to have benefited from their parents during
their childhood. Of course, lack of a parental care and moral upbringing of a child
will certainly have a consequence and negative impact on the entire community. It is
against this backdrop that the paper examines the possibility of accommodating
modern developments into Islamic law, thereby making a reflection on the fate of
children after birth. Thus, the paper suggests among other things, that there is a need
to introduce a new Islamic rule which will mandate prospective spouses to conduct
pre-marital medical examination, rather than just leaving it discretionary among the
people.
Research/ Citation
Impacts
13) Research Title The Application of Islamic Law in Modern Muslim States: A Comparative Analysis
of the Nigerian and Malaysian Systems
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Hunud Abia Kadouf 3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Civil Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Journal of Islamic State Practices in International Law, Volume 9.
Issue 2, 2013, pp 61-91, Burnel Law School, Burnel University, London, UK, ISSN
1742-4941
Year of publication
2013
Source of Funding
Self- funded
Abstract The application of Islamic law is the recurrent issue in most of the modern Muslim
states whose legal system is plural in nature. In Nigeria and Malaysia, Islamic law
has been confirmed to be one of the sources of the state legal systems in addition to
the received English law, legislation, customs and case laws. Islamic law has been
practiced in those countries even before the advent of the colonial administration.
However, after their advent, the full application of Islamic law became the issue of
the past, and up until today it has been continuously facing different series of
challenges depending on the peculiarity of each country. To overcome the challenges
bedevilling the application of Islamic law in modern Muslim countries particularly
Nigeria and Malaysia, the paper suggests among other things that there is a need for
total overhaul of the legal system (in the case of Nigeria), and need to improve the
economy (of Nigeria) and educational system of the two countries in order to have a
smooth implementation of shari’ah law.
Research/ Citation
Impacts
14) Research Title A Comparative Appraisal of the Compatibility of International and Islamic
Humanitarian Laws
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers
Address(es)
Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: National Judicial Institute Law Journal, Abuja, Nigeria NJI LAW
JOURNAL VOL.8 (2013), pp 197-225
Year of publication
2013
Source of Funding
University of Maiduguri
Abstract While the voices of the universal application and implementation of Islamic
humanitarian law particularly its rules relating to conduct of hostilities are echoing
loud. The attention of International community and some individuals in the world are
drawn as to its efficacy and compatibility to International Humanitarian law in
providing a comprehensive legal frame work for the protection of the entire human
race during armed conflicts. However, it is not the sole aim of this paper to just look
at the compatibility of the two legal regimes but also to look at the possibility of
harmonizing them in case of any discrepancy with a view to having a smooth and
effective implementation of International Humanitarian law in the world and within
Muslims dominated states in particular. In view of this, the paper, while discussing
the meaning, origin, scope, sources and characteristics of both International and
Islamic Humanitarian laws, will examine the compatibility of the two legal regimes
with a view to looking at the possibility of harmonizing them
Research/ Citation
Impacts
15) Research Title International Humanitarian and Islamic laws and the Excessive Use of Force in
Armed Conflicts: an Analysis of the Civilian Displacement in Libya, 2011
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Baba Kura Alhaji2 Tijani Musa Buba3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria a 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: The A38 Journal of International Law, India, 2 (2) A38JIL (2013) 164-
177
Year of publication
2013
Source of Funding
Self- funded
Abstract In an armed conflict, it is obvious that the use of force is inevitable. However, an
excessive use of force such as strafing, shelling and bombing of areas are not allowed
in suppressing armed conflict especially if its nature, location, purpose or use does
not effectively contribute to military action. In fact, such usage of force does not
always provide for a lasting solution to a problem; instead, it aggravates the situation
whereby resulting to other problems such as forced displacement of civilians. In
order to minimize if not to prevent forced displacement of civilians in our society, the
paper suggest among other things that the United Nation should create a common
ground for dissemination of international humanitarian law, international human right
law, Islamic law (especially in the Muslim world and Muslim countries through the
OIC) and other relevant international laws related to protection of civilians during
armed conflict. This could be done through the recognized humanitarian and
religious organizations; or by organizing periodic seminars and workshops to various
governments’ agencies, military and para military, militants, NGOs, individuals and
interest groups
Research/ Citation
Impacts
16) Research Title An Analytical Review of Islamic and International Laws on Civilian
Right to Life and Human Dignity
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Omar A. Oseni2 Goni Usman Ansari3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Civil Law, Faculty of Law IIUM, Malaysia 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: International Organization of
Scientific Research (IOSR) Journal Of Humanities And Social Science
(IOSR-JHSS), India, Volume 11, Issue 4 (May. - Jun. 2013), PP 23-35 e-
ISSN: 2279-0837, p-ISSN: 2279-0845, available at www.Iosrjournals.Org
Year of publication
2013
Source of Funding
Self- funded
Abstract Right to life and Human dignity are among the cardinals of fundamental human
rights provided for by the major legal systems in the world. Thus, unnecessarily
taking of human soul and inhumane and degrading treatment is totally condemned by
the world major legal systems. Feasible measures should always be taken by the
parties to a conflict in order to avoid loss of civilian lives and injury to their persons.
Any indiscriminate attack against civilians would certainly amount to a violation of
their fundamental human rights. However, civilians forfeit their fundamental human
rights (particularly rights to life and human dignity) if for instance they violate the
rules governing the conduct of hostilities or by simply participating in the hostilities.
Participation of civilian in hostilities is indeed one of the factors that can always blur
the dividing line between an actual civilian and a combatant. But the extent of the
participation according to Islamic and International laws is always controversial. It is
therefore against this backdrop that the paper reviews and analyzes the Islamic and
International laws relating to civilian rights to life and human dignity.
Research/ Citation
Impacts
17) Research Title Suicde attack: An impact on legalization of civilian protection in Islam
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers
Address(es)
Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Studies in Islam: A Journal of Islamic sciences and Muslim
Development, (Series 6, April 2012), Pp1-9, Department of Islamic studies, Usmanu
Danfodio University, Sokoto
Year of publication
2012
Source of Funding
University of Maiduguri
Abstract Civilian Protection is one of the fundamental motives behind the principles of war in
Islam that enjoins warriors to take all feasible precautions in the choice of means and
methods of attack with a view to avoiding and in any event to minimizing, incidental
loss of civilian life, injury to civilians and damage to civilian objects, or to do
everything feasible to verify that the objectives to be attacked are neither civilians
nor civilian objects but are military objectives. Suicide attack on the other hand is
one of the most controversial phenomena and challenges bedevilling the notion of
protection of civilians and their objects in Islam. Most of the time, an attacker aiming
at military target, kill civilians and destroy their objects. Thus, the phenomenon
(suicide attack) is associated with so many factors such as politics, socio-economic
and religion particularly the concept of Martyrdom (Shahadah). However, the
religious undertone to martyrdom is due to the fact that attackers and their supporters
believe that their sacrifice will be rewarded in the Day Hereafter. Although some
suicide attackers often believe that their actions are in accordance with moral or
social standards because they are aimed at fighting forces and conditions that they
perceived as unjust. More importantly, Islam has laid down some rules of conduct of
hostilities that dictate and restrict methods and means of warfare devoid of
indiscriminate approach. Islam has also prohibits civilian loss of life and injury to
civilian person, as well as destruction of their property. In fact, nothing is to be
harmed unless it is actively engaged in hostilities. In Islam also, real importance is
attached to the protection of civilians and their objects, and care must be taken to
ensure accurate targeting and minimize any collateral damage incurred in operations.
However, Suicide attacks have caused high number of civilian deaths and injuries,
even if directed against military or official targets, such attacks are widely executed
without any regard to incidental damage caused. As a result, many suicide attacks
against perceived enemy target have primarily resulted in the killing of innocent
people (civilians).
Research/ Citation
Impacts
18) Research Title Legal Feasibility and Economic Viability of establishing Islamic Banking: An
Analysis under the Nigerian Legal Framework
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Publis Published in: University of Ibadan Law Journal, unib Law Journal Vol.1 No. 2, 2011,
Pp77-99
Year of publication
2011
Source of Funding
University of Maiduguri
Abstract Islamic banking, although operates based on the Islamic principles of commercial
jurisprudence, it is nevertheless not restricted to a religious product or service that is
exclusively preserve for people of a particular faith or religion. It is universally
accessible to and enjoyed by people of diverse religious persuasions or ethical beliefs
across the country and the globe at large. In Nigeria, Islamic banking shall, apart
from being shari’a compliant, be in compliance with all the laws regulating the
conduct of banks. The banking system witnessed tremendous growth and
development in terms of both capital and assets worldwide, with a market
capitalization of more than US$13 billion, assets of more than US$ 265 billion and
financial investments above US$ 400 billion. This type of banking will have
significance positive effects in Nigeria because of having such great capital strength.
It is in fact stronger than other specialized banks such as states and units
microfinance banks. However, like any secular state, the establishment of Islamic
banking in Nigeria has encountered with some problems such as misconception
against the Nigerian legal system and diverse nature of the country. In view of this
we suggest among other things that the Government should create an avenue for
disseminating the knowledge of the Nigerian legal framework governing the
establishment and activities of banks, particularly Islamic banking thereby organizing
periodic seminars and workshops to citizens of Nigeria especially the concern
parties; and also by public enlightment through media or media prints.
Research/ Citation
Impacts
19) Research Title The Effectiveness of Human Rights Enforcement Mechanisms at the International,
Regional and National Levels
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Abdulrashid Haruna Lawan2 Alhaji Umar Alkali3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Ebonyi state University Law Journal, (Vol.3, No.1, 2009),
Pp. 299-307
Year of publication
2009
Source of Funding University of Maiduguri
Abstract As human rights remain the demands and claims which individual or groups make on
society, their existence in the international and regional or ground norm will be
fruitless without firm mechanism for its implementation. The degree of enjoyment of
human rights virtually depends on the strength of machinery set for its realization.
Human rights instruments have always put in place implementation mechanisms
tailored towards observance and compliance with their provisions. Thus the paper
will look at rules and procedures for human rights enforcement at international,
regional and national scene. The mechanisms for human rights implementation and
their functions will also be considered
Research/ Citation
Impacts
20) Research Title Protection of Intellectual Property Right: The Islamic Law Perspective
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Abdulrashid Haruna Lawan2
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Yusuf Mohammad Yusuf (ed); Current Themes on Nigerian
Law and Practice, University of Maiduguri Press, Borno State, Nigeria,
2016, Pp 562-581
Year of publication
2016
Source of Funding University of Maiduguri
Abstract The concept of ownership and possession under Islamic corpus juris has not been
restricted only to physical and tangible properties. It could be in a form of both
tangible and intangible properties. The protection of intellectual property right has
been known since the ancient times of Islam. That is to say, intellectual property right
existed even prior to the advent of the conventional statutes regulating the protection
of intellectual property. Although, in the primary sources of Islamic law, no mention
has been explicitly made on the protection of intellectual property right, but it does
not mean that the law has shun it face from protecting the property owners in ripping
the fruits of their efforts. Islam remains a dynamic religion which always goes with
time; hence Islamic law should not be narrowly understood. Hence, Islamic law
should be construed liberally in order to sustain the flexibility of the religion with a
view to also tackling the contemporary realities. The primary sources of Islamic law
i.e. the Qur’an and traditions of the Prophet (pbuh) have reiterated the sacredness of
private property of individuals. Intellectual property though incorporeal, it is
protected under Islamic law as it is recognized as a species of property. Majority of
the Islamic schools of thought (Madhahib) have defined property to include both
tangible and intangible property provided that the property is useful or has value.
This position considers intellectual property as part of private property of individual
which must be protected. History had equally shown that even prior to the advent of
Islam (i.e. during the Jahiliyyah [pre-Islamic] period), works of the mind were
considered with value and may have qualified as a form of intellectual property.
Though this recognition was rudimentary, society gave authors moral rights to their
works. For example, poetry was deeply respected in the pre-Islamic era and authors
enjoyed an enhanced social standing and esteem in respect of their intellectual
properties. Intellectual property rights is the right that empowers an individual to
protect what he/she invents by restricting others from using the invention without
his/her prior permission for certain period of time. This right has equally grants
individuals or co-authors the power to dispose their invention. Under Islamic law,
great importance is attached to property and Muslims are enjoined to respect and
protect private property of individuals. In view of this background, the chapter begins
by defining the key terms such as intellectual property rights and Islamic law. It
discusses the Islamic law perspectives on intellectual property rights, its legal bases
and limitations. The chapter further discusses the legal implication of intellectual
property rights under Islamic law.
Research/ Citation
Impacts
21) Research Title Civilian Sufferings in Syria and the International Humanitarian Law: Where does the
Problem Lies?
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Suleiman Usman Santuraki3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Public Law, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Unimaid Journal of Public Law, vol. 4, (July 2016), pp 78-
93
Year of publication
2016
Source of Funding
Self-funded
Abstract In recent times, civilian sufferings in the Syrian conflict has taken new and disturbing
dimensions, to the extent that a large number of innocent people are suspected to
have been killed inhumanely by both the Asad regime and the opposition. Inhumane
attacks on civilians during the armed conflict, especially the alleged usage of
chemical weapons against them are considered as grave breaches of International
Humanitarian law (IHL) and war crimes. The Syrian conflict has recorded the highest
number of civilian casualties, of which, the world has never ever witnessed in this
21st century. Thousands of civilians are reported to have been killed, many sustained
grievous injurtes and millions of them have been displaced and fled across the
border. As it is an obvious fact that in armed conflicts, attack based on military target
or objective is inevitable, however, the use of chemical weapons is as well, a grave
breach of the principles of IHL. Hence, warring parties should at all times, respect
and observe with all sense of precaution and proportionality the fundamental rights of
civilians. In light of this, a question has been raised in the paper as to why then
should civilians always happen to be victims of armed conflicts despite all the laws
and conventions? With reference to the Syrian conflict, the paper examined critically,
the general rules governing the civilian protection during armed conflict under IHL,
particularly the conduct of hostilities in Syria, with a view to ascertaining where the
problem lies. In the end, the paper concludes that the major cause of the civilian
sufferings in Syria is due to lack of concern and proper commitments towards
implementation of IHL by the warring parties. The problem stemmed from the lack
of tolerance on the plight of innocent people based on selfish interest. Hence, the
paper accordingly suggests among other things that the warring parties should at all
times implement the principles of IHL especially those related to civilian protection.
Research/ Citation
Impacts
22) Research Title Legal Framework Regulating Islamic Finance in Nigeria: A Critical Appraisal of
Hurdles against the Effective Shari‘ah Governance
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Aishatu Kyari Sandabe2 Mohamad Asmasdi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Unimaid Journal of Private and Property Law, UJPPL Vol
1, No. 1 (2016), pp 244-253
Year of publication
2016
Source of Funding
University of Maiduguri
Abstract Nowadays, criticisms by the antagonists of Islamic financial institutions in respect of
their establishments and managements have been put to rest. Most countries in the
world if not all, have reckoned with the successes recorded in terms of growth of the
capital markets and assets by Islamic financial institutions. However, the most
challenging issue in recent times does not concern largely on managing the capital or
assets of the institutions, but on how to get a feasible legal framework that can ensure
effective shari‘ah compliant products within the sector. It is obvious that each
country that ventures into Islamic financial services must have its own peculiar
approach to shari‘ah governance within its Islamic financial lay-out. Countries differ
from one another in terms of the legal framework on Islamic financial institutions.
Some countries do have a distinct and full-fledged legal framework, while some
countries do not have such a framework due to dual or pluralistic nature of their legal
systems. Other countries despite the complexity and their legal pluralisms have still
managed to have a distinct and full-fledged legal framework regulating Islamic
financial institutions. Nigeria is one of the modern Muslim countries that have in
recent past introduced the Islamic financial system within its economic sector. Since
inception, a lot of challenges have been encountered; they are in relation to legal,
political and socio-economic matters. The most glaring one among them centres on
how to get an effective, independent and distinct legal framework for the shari‘ah
governance in Islamic financial institutions. The Central Bank Act Cap C4 Laws of
the Federation of Nigeria 2004, Central Bank Guidelines on banking and the Bank
and Other Financial Institution Act (BOFIA) No. 25, 1991 are the current and key
legal frameworks regulating Islamic banking (including the shari‘ah governance) and
other financial institutions in Nigeria. It is against this backdrop that this paper
recommends among other things, that the Government of Nigeria should create a
better, suitable and enabling environment for Islamic financial institutions to operate;
thereby enacting a distinct and an independent shari‘ah-based legal framework.
Research/ Citation
Impacts
23) Research Title The Application of Fatwā in Malaysia and the Contemporary Challenges: The Way
Forward
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Mohamad Asmasdi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Journal of Islamic Law Review, Vol. 11, N0. 1, June 2015,
at 43-58, New Delhi, India
Year of publication
2015
Source of Funding
Self- funded
Abstract Fatwā remains an Islamic legal verdict which has been issued by Muslim jurists or
constituted authority established for that purpose. Nowadays, the application of fatwā
alongside with the conventional law raises much concern about the threat of
compromising its standard and values. Fatwā can be effectively utilized to streamline
the Islamic principles and the contemporary developments. However, the application
of fatwā does not mean “compromise” against its basic principles and objectives.
Rather, the application always focuses on how fatwā can be used to enhance the
application of Islamic law in line with the contemporary developments. In most of
the modern Muslim countries, fatwā do interact with the modern laws, and their
interaction has generated a lot of controversies and conflicts as a result of the
contemporary challenges which emanate basically from lack of effective
bureaucracy, social and religious diversity, as well as legal pluralism. In view of this,
the paper examines and analyzes the application of fatwā in the contemporary
Malaysian society with a view to identifying the challenges and proffering the
possible solution thereto
Research/ Citation
Impacts
24) Research Title The Islamic Right to Divorce and its Impact on the Muslim Community: a Case of
the Kano State Government Initiative on Divorcees and Widows
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Garba Umaru Kwagyang2 Tijani Musa Buba3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Public Law, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: Journal of Islam, Law and Judiciary (JOILJ), vol. 1,
Number 1 (2015), at 1-21, Bangladesh Islamic Law Research and Legal
Aid Centre
Year of publication
2015
Source of Funding
Self- funded
Abstract Among the fundamental objectives of marriage in Islam is to have peace, tranquility
and sexual satisfaction. This can only be achieved if and only if the marital
relationship between the spouses has been properly maintained. Although in Islamic
law, it is the right of spouses to terminate the marital relationship whenever the need
arises, however, that does not aimed at encouraging divorce amongst spouses, for it
always have a negative impact on the society. Thus, the rampant cases of divorce and
termination of marriages as a result of supervening circumstances in some of the
Muslim communities affects the moral and social behavior of the people, which
consequently contributes to moral decadence in the society. Hence, it is against this
backdrop, the Kano state government in Nigeria intensified efforts and commitments
to minimize if not prevent the menace thereby bringing some good initiatives in its
administrative policies. To this end, the paper, by making reference to the Kano state
government initiative on Divorcees and widows, juxtaposes the Islamic right of
divorce on one part and the needs to maintain a marital relationship by spouses for
the betterment of the society on the other part
Research/ Citation
Impacts
25) Research Title Fatwa versus Modernity within the Philosophical Epistemology of Shari‘ah: Striking
a Balance between the Two
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Mohamad Asmasdi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Published in: University of Maiduguri law Journal:
(2015)13 U. Maid. L.J, Pp 27-41
Year of publication
2015
Source of Funding
University of Maiduguri
Abstract
Research/ Citation
Impacts
26) Research Title The Multidimensional Role of Fatwā in Nigeria with Malaysia as a Model
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers
Address(es)
Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Maiduguri, PMB 1069, Borno State Nigeria, [email protected],
[email protected], [email protected], +2348032826358,
+2347088581759
Publication status
(published/unpublished)
Unpublished
Year of publication
Sources of Funding and
Amount
University of Maiduguri Need Assessment Fund, N5, 000, 000
Abstract Researches have shown that fatwā has important role to play in the contemporary
society, more especially in countries with large number of Muslims, which include
Nigeria and Malaysia. However, previous empirical studies revealed that only little
research was carried out on fatwā particularly in terms of its inter-relationship with
the practical life situation. While previous studies have focused largely on the
classical value of fatwā and its different manifestations in the modern Muslim
societies, this research seeks to understand the utilitarian value of fatwā in its
interaction with the modern dispensation. Thus, this research attempts to fill a
relative gap in the scholarship on fatwā and its relevance to Nigeria using Malaysia
as a model. Generally, most people understand the concept of fatwā from the
traditional perspective as the personal and non-binding legal verdict of Muslim
scholars. However, this is a clear misconception about the understanding of the
technical meaning and utilitarian value of fatwā as well as its role in the
contemporary society. This study therefore examines the assumptions that underlie
the interactions between the fatwā concept and its institutionalisation on one hand;
and its relationship with some selected institutions on the other hand. In gathering the
research data, doctrinal and non-doctrinal methodologies were used in accordance
with the design herein set out in this research. Consequently, this research finds that
fatwā can be utilised as an instrument for social and ideological change, as well as a
catalyst for the socio-economic and political developments. In the end, the study
reveals the relevance of the Malaysian fatwā model to Nigeria. Thus, the study
suggests the institutionalisation of fatwā in Nigeria, which if successfully executed,
could go far in tackling the religious controversies and extremism in the country