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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[email protected], [email protected], [email protected], +2348032826358, +2347088581759 Publication status (published/unpublished) Unpublished Year of publication Unpublished Source of Funding Self- funded Abstract International and Islamic Humanitarian laws are two legal regimes which play a vital role in providing legal backings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.

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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

Research/ Citation

Impacts