[ad_1] ABSTRACT Marriage under Islamic law, as an institute is generally the cradle of any legitimate family and society. Hence the success of marriage must eventually lead to the success and development of the society.…
Read More[ad_1] CHAPTER ONE 1.1 Introduction During this century, millions of children, women and men have been victims of unimaginable atrocities in the theatre of wars that deeply shook the conscience of humanity. For instance, the war…
Read More[ad_1] ABSTRACT Human rights are rights that have come to be guaranteed over time, to all men and women, irrespective of race or creed. These rights extend to even the unborn, in certain circumstances. However,…
Read More[ad_1] ABSTRACT Islamic Law covers every sphere of human endeavor. It comprises of the primary and the secondary sources of Law. The former consists of the Qur’an and the sunnah, to which all the jurists…
Read More[ad_1] ABSTRACT New trends and innovations in modern communications and commerce have dealt a great blow on the political boundaries of states otherwise referred to as Sovereignty. Sovereign equality presupposes that each state enjoys the…
Read More[ad_1] ABSTRACT State recognition is one of the oldest practice in international relations, and one of the most vexed concepts in international law since the middle ages, political communities have interacted with each other as sovereign, territorial states under an accepted system of rules. Determining which entity is to be recognized as state subject to these rules has hence been a basic component of international relations. As such, it is one of the most common discussed topics in the international law literatures. The main aim of this dissertation is to examine the legal framework for the practice of the concept of state recognition in international law in relation to the existing provisions of relevant international and regional constitutive instruments on one hand and the activities of the international community on the other hand. In view of this the main objective of this dissertation is to identify the adequacy or otherwise of the existing international regimes on the practice of state recognition (if any) and subsequently to proffer solutions to the lacunas identified so as to bring about an efficient practice in accordance with the provisions of the constitutive instruments. In the cause of this research the findings of the researcher is that lack of uniform criteria for the practice of state recognition among the international regimes, for example, the provisions of the U.N., the Montevideo Convention and E.U. are at variance. Therefore, in the light of this, the researcher concluded by recommending that there should be a singular and uniformly accepted mode of practice of state recognition so as to foster international cooperation which will go along way to reduce controversies in international jurisprudence. Doctrinal method of acquiring data has been adopted, using primary and secondary sources of information such as relevant text materials, statutes (including international instruments), judicial authorities, articles in journal publications and internet materials. CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study The term ―recognition‖ implies a process whereby a person or an entity admits to the existence or the being of another person, entity or state of affairs. The Chambers…
Read More[ad_1] ABSTRACT This study entitled “The Concept of Sulh in Islamic Law: A Case Study of the Practice and Procedure of the Katsina State Sharia Courts”has examined theconcept of Sulh as a type of dispute resolution in which a third party intervenes to help disputing parties reach a mutually satisfactory agreement and the practice thereby in Katsina State Sharia Courts (KSSC). The research work is predicated upon the problem of the volume of cases coming before the KSSC and the latent absence of formal adoption of the rules and principles of Islamic law relating to amicable settlement of disputes within the judicial setting in Katsina State. The main objective of this work therefore, is to offer a highlight on the concept of Sulh as the Islamic perspective of Alternative Dispute Resolution (ADR). To achieve this, doctrinal and empirical methods of legal research was adopted. It is argued that Islamic law contemplate amicable resolution of disputes some 1400 years ago right from the 7th Century A.D. in advance of any Western move on the subject and in view of this, it was observed that, in its Islamic law conception, Sulh is one of the characteristic features of administration of justice in Islamic law. The findings of the study was that some of the rules of practice and procedure related to the concept of Sulh in KSSC are to a large extent, reminiscent of English style of mediation rules than that of Islamic law per se. Additionally, it was found that much of the current challenges and legal problems associated with the practice of Sulh before the KSSC due to the neglect by the government over the years of affording to Muslims a religiously based amicable dispute resolution as per the provisions of Islamic law. The study concludes with recommendations that Sulhu should be formally recognized as an amicable dispute resolution mechanism alongside adjudication in the KSSC it being more advantageous to Muslims than the Western conception of ADR. It is further recommended that it is expedient that the practice of Sulh shall be extended to the sphere of Islamic criminal justice and in line with this, the Sharia Criminal Code and the Criminal Procedure Code of Katsina State shall be amended urgently to reflect the teachings of Islamic law on the practice of Sulhu in criminal cases. It was also recommended that there shall be accessibility by all persons to the Sulhu-Door facility of the KTMDCH instead of being centralized in Katsina metropolis alone.It is also recommended that theSharia Court Rules and the Sulhu-Door Rules of Katsina State should be amended to additionally reflect the rules and principles of the Shariaor where possible, their replacement with a purely Sharia-based rules of procedure for the Sharia Court and the Sulhu Door respectively. CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of the Study Socially, it is understood that the nature of human being as a social animal indicates that man doesn‟t live in isolation but interact and interrelate with others in his…
Read More[ad_1] ABSTRACT Watching movies has become a common phenomenon among adolescents due to the technological advancement of media tools which are easily accessible to them. The challenge is that watching violent movies can have detrimental…
Read More[ad_1] ABSTRACT This dissertation titled “The Enforcement of Court Judgments and Orders in the High Court of the Federal Capital Territory, Abuja, Procedure and Challenges.” The area of interest is the enforcement of judgments and court orders in the Federal Capital Territory, Abuja. It is an established fact that, the High Court of the Federal Capital Territory established an enforcement unit which is now a Department mainly for the enforcement of court judgments and orders. This, give rise to complete and successful enforcement in the Territory. The centralization of the enforcement Department for the enforcement of all judgments and orders of the High Court Federal Capital Territory should be considered in order to obtain an easy and cheap enforcement for the judgment creditors. The problem perceived in this research includes; a) Centralization of the enforcement department at Maitama, which is the main Headquarters of the High Court of the Federal Capital Territory, Abuja. b) Unnecessary delay due to complex bureaucratic procedure. c) High cost of enforcement due to lack of adequate facilities like mobility for the enforcement officers, crane, toying van and truck for the conveyance of attached properties to the warehouse. d) Corruption by the enforcement officers and improper advice by lawyers to their clients (judgment debtor). e) High risk of life is involved. f) lesser punishment provided by law for obstructing court judgments and orders (fine of not more than 100 naira). g) Non publication for sale of attached property and sale to the highest bidder. The objective of this work is to examine the challenges associated with enforcement of judgments and court orders in the Federal Capital Territory, Abuja, to point out the reasons behind the non enforceability of some judgments and court orders and the way out, and to analyze the procedures for the enforcement of judgments and orders, in the High Court of the Federal Capital Territory, Abuja and challenges. The research methodology adopted in this research is the doctrinal method also known as library oriented research wherein recourse are made to statutes, case law, conventions, textbooks, journals, literature, e.t.c. Teleological research is also adopted due to work experience. Findings, however, revealed that, the major challenges associated with enforcement of judgment and court orders in the High Court of Abuja: a) the centralization of the enforcement Department at the main Headquarter, Maitama, Abuja. b) unnecessary delay that gives room for the judgments debtor to frustrate the enforcement by filing motion for stay of execution, interpleader summons or go on appeal. c) lesser punishment provided by law for obstructing court judgments and orders. d) Inadequate facilities. e) corruption by enforcement officers and lawyers. f) High risk of life. g) Non publication of the sale of attached property and sale to the highest bidder. It is recommended that; a) the enforcement Department should be decentralized. b) Judgments and court orders should be speedily enforced without any delay. c) The provision of the Act that provide punishment for obstructing court judgments and order should be amended. d) There should be provision for adequate facilities to carry out the enforcement. e) Provision for training for the enforcement officers by the High Court and lawyers by the Nigerian Bar Association (NBA). f) Insurance should be provided for the enforcement officers because of the high risks of life involve. g) Sale of attached property should be publicized and to the highest bidder. GET THE COMPLETE PROJECT» Do you need help? Talk to us right now: (+234) 8111770269, 08111770269 (Call/WhatsApp). Email: [email protected] IF YOU CAN’T FIND YOUR TOPIC, CLICK HERE TO HIRE A WRITER» Disclaimer:…
Read More[ad_1] ABSTRACT Any country’s economic score sheet is influenced by the events within and from abroad. The reality of globalization has come to mean that the former speaks louder now than in the days past…
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