Faculty of Law

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An analysis of apostasy under sharia and Sudanese criminal law in relation to the case of Mariam Ibrahiim. Journal of Comparative Law. Vol.4 (1)
(Islamic University in Uganda, 2017) Kasozi, Ediriisa Sinaani
This Article examines the offence of Apostasy in Sharia and Sudanese law with regard to the meaning, elements and the punishment. These laws are examined in relation to the case of Mariam Ibrahim. It is argued that Mariam who allegedly grew up as a Christian may be deemed to have had no knowledge that she was committing apostasy by her action. The article raises issues with regard to the alleged crime and its punishment.
An Analysis of the Contribution of Labour Laws In The Promotion of the Rights of Female Employees in Mukono District
(Islamic Universiy In Uganda, 2013) Batuusa, Haroon
This study set out to analyse the contribution of labour laws in the promotion of the rights of female employees in Mukono District. The general objective was to analyse the contribution of Labour Laws in the promotion of the rights of female employees in Mukono District. The specific objectives were three; to examine the contribution of Employment Act 2006, to analyse workers Compensation Act 2001 and to evaluate the Factories Act 2000 in the promotion of the rights of female employees in Mukono District. The researcher used a descriptive research technique in order to bring out the exact relationship between employers and female employees in Mukono District. A survey design that was to gather the data from the targeted population both primary and secondary data was collected into the course of the effective evaluation of the labour laws in promotion of the rights of female employees. Primary data was collected and was supplemented by secondary data available since it is rare that the primary data is sufficient to carry out a conclusive research study. The findings of the study revealed that cases of discrimination are evident in Mukono District Local Government and these include; sexual harassment, limited promotion and unequal pay for equal work done. However, while this inequity still exists, there are certain issues that uniquely affect female employees in the workplace and these include; reproductive health issues can impact female productivity disproportionately to men. The study recommended that, there is need for Affirmative Action. Affirmative Action often appears to relate only to racial affirmation, to the detriment of gender affirmation. The legislation is expected 95.6% to improve the rights of female employees in the work place.
An appraisal of legal pluralism in the administration of penal and criminal codes in Nigeria: a call for harmonisation
(Islamic University in Uganda, 2017) Idris, Dalhat A.
The Nigerian society is made up of people with diverse cultures, behaviours and ways of life. In the pre-colonial Nigeria, there were in existence some plural criminal justice systems which regulated the standard of behaviour of the people. In the North, for instance, the predominantly Muslim community had a highly developed criminal justice system with different Schools, the most prominent being the Maliki school of jurisprudence.1 In the South, there were in existence, in each of the settlements, some customary criminal laws which were generally unwritten.2With the coming of the British, the English common law system was introduced in the Lagos colony.3 In 1904, Lord Lugard, then the Governor General, introduced the Queensland Criminal Code in the North which incidentally was made applicable to the whole of Nigeria in 1916, after amalgamation of the Northern and Southern Protectorates in 1914.
An appraisal of the Law on child abuse in developing countries: a case study of Nigeria and Uganda
(2009-01) Ijaiya, Bashir. Leke; Musa, Yusuf. Abdul. Rasheed
This paper examines the degree of the child abuse in both Nigeria and Uganda and how it has become so endemic that it has become so notorious in our society. It also discusses the various meanings of attached to child abuse, the types of child abuse such as physical, social, emotional and nutritional. The factors responsible for the child abuses were also thoroughly examined. More importantly, the various laws put in place by both the governments of Nigeria and Uganda to check the incessant abuses of the child. the last section is the solution and recommendations.
The Art of Oratory in Jurisprudence
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Asexuality, Gender and the Law in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Case Management
(Journal of Comparative Law, 2007-07) Wolimbwa, Paul. Gadenya
Case management is the process through which a case passes through commencement (filling) to completion. It is thus a system which ensuring that once cases are commenced in the courts and become defended (or even if not defended) they progress to trial without undue delays. The same process has been referred to as case tracking, case control, court management or court control in other jurisdictions. Case management is a new concept, which was introduced to expedite delivery of justice by removing bottlenecks in the judicial system that had literally made it impossible for cases to be resolved expeditiously. For a very long time, judicial staff and legal practitioners were content to use the civil procedure rules as handmaidens of justice. Many of them had crammed these rules heart and so were court precedents like Makula International known by letter and word. One was considered a good lawyer if they knew the rules by heart and a bad lawyer, if the reverse was true. In spite of the clear CPR, judicial officers and legal practitioners for a long time could not understand why cases especially civil cases were difficult to complete and why delay had become a common problem. No one, just like the Europeans, who complain about the weather and do nothing about it, was able to come up with solution. Cases continued to delay in court, so practitioners pulled tricks of on their friends to win cases by hook or crook. Adjournments came to be the order of the day. Judges, who should have been in the driving seat, too, sat back and watched as legal practitioners, took charge of the judicial process. It was like someone watching a roman arena, as slaves fought beasts.
A comparative analysis of the defence of intoxication under common and islamic laws
(journal of comparative law, 2008-01) Ijaiya, N.A.O
A comparative analysis of the defence of intoxication under both Common and Islamic Laws has been a very challenging and interesting discussion. This essay is set out to examine what is intoxication as defined by the relevant laws under the Common Law and under the Islamic Law. What are the defences available to a person charged with any offence and where such person raises the defense of intoxication? It must be stated that intoxication as a defence is recognized in both Common and Islamic Laws ,but as earlier stated,the latter is inapplicable in Nigeria because it could only be raised in criminal and tortuous matters,which is now exclusively within the purview of English criminal justice system. Acritical perusal of the defence of intoxication in both laws, Islamic positions tends to eradicate any form of injustice, which may arise from voluntary intoxication, which is actually institutionalized, which it considers to be harmful co-existence. Intoxication, according to Black Law Dictionary, is “a situation whereby reason of taking intoxicants, and individual loses control of the normal use of this mental faculties and as such rendering him incapable of acting in the manner in which an ordinary prudent, normal and cautions man in full control of his mental faculties, using reasonable and expected care would act in such conditions”. Every intoxicant is Khamr and every (type of ) Khamr is prohibited.The drink prohibited Islam is described as Khamr.Khamra originally means “it intellect and obscures the moral sensibilities of a man .Khamr differently explained as meaning what intoxicates, of the expressed juice of grapes, or the juice of grapes when it has effervesced and the own up froth , and become freed there from ,and still, or it has a common application to intoxicating expressed juice of anything, or any intoxicating thing that clouds or obscures the intellect.
A comparative analysis of the rights of a child under the Nigerian and ugandan laws
(journal of comparative law, 2008-01) Ijaiya, Bashir Leke; Nayiga, Sauda; Mbajja, Rukia
The joy of every parent is to bear and have children; this is because this life will appear to be worthless if a man born of a woman could not in turn reproduce and procreate to have his own children too. it is a blessing from God which every parent always prays for. be that as it may, the right of a child begins from when it is yet unborn to the age of adulthood. in fact a child deserves rights from both the parents and the society. no wonder the rights of a child have been the concern of the governments at both the national and the international levels
A comparative analysis of the rights of a child under the Nigerian and Ugandan laws
(2008-01) Ijaiya, Bashir. Leke; Nayiga, Sauda; Mbajja, Rukia
A comparative analysis of Traffic Laws and the Road Users in Nigeria and Uganda
(2007-07) Ijaiya, Bashir. Leke
The Contribution of Bugisu Civil Society Network (BUCINET) Human Rights Initiatives on Peace Building in Mbale Municipality
(Islamic Universiy In Uganda, 2015) Sani, Abdulkadir
The study was conducted on the contribution of Bugisu civil society network(BUCINET) on peace building activities, the study was guided by the following objectives: To establish the effect of Public awareness of BUCINET on the peace building activities in Mbale municipality, to find out the relationship between Capacity building of BUCINET and peacebuilding in Mbale municipality, to establish the effect of Lobbying and advocacy of BUCINET on peace building in Mbale municipality. The researcher used a cross sectional survey design were methodological triangulation was used to obtain a qualitative data, the researcher used both the questionnaire and interview schedule to obtain the primary data. The following results were obtained from the field survey: capacity building had the highest mean rank of (2.5190) and therefore it was clear that most of the respondents believed that capacity building was greatly perceived and done by BUCINET and this could have a great impact on peace building, this was followed by public awareness with a mean rank of (2.2626) and lastly lobbying and advocacy had the least presence in BUCINET advocacy programs with a mean rank of (2.2626). lobbying and advocacy was returned as the stand alone predictor with the R2 of 0.881, furthermore the researcher found out that there was a statistically significant effect of lobbying and advocacy on peace building with the coefficient of r( 0.939, p ( 0.000). the excluded variables were capacity building and public awareness with the coefficients of: The beta coefficient for public awareness is 0.024, this meant that public awareness had positive but weak relationship with peace building explained by 3.2%, this was further revealed to be statistically insignificant as shown by the t value of 0.391<+2. Also capacity building had a beta coefficient of -0.030, it was further found that there was an inverse relationship between capacity building and peace building as explained by -8.2%, this was also statistically insignificant relationship and hence this meant that the organization should more duel on lobbying and advocacy other than capacity building and public awareness. Therefore the researcher made the following conclusions regarding the null hypothesis: H01: the researcher accepted the null hypothesis that there is a statistically insignificant effect of public awareness on peace building in Mbale municipality. H02: the researcher accepted the null hypothesis that there is a statistically insignificant effect of capacity building on peace building. H03: the researcher rejected the null hypothesis and concluded that there is a statistically significant effect of lobbying and advocacy on peace building. The following recommendations were deduced from the study findings: The government and NGOs should review its policies in order to reflect their services for the benefit and betterment of the community. They should also emphasis on advocacy and Lobbying, guidance and counselling services as avenues to fight violation of human right. And people in the community should appreciate the effort of NGOs towards their support on development.
A critical overview of the Jurisprudence and the applicability of the american plea bargaining system in Nigeria
(journal of comparative law, 2008-01) Ogar, Edward E.
Once systems of criminal procedure absent from the Nigerian Law and which has been consistently applied in the United States of America despite strong opposition from all quarters is the plea bargaining system. The American law and the adherents of this system, and indeed Nigerian scholars, who advocate the application of this system of criminal procedure in Nigeria, have, as their rationale for its use, the quick dispensation of caseloads, de congestion of prisons, and saving of cost, inter Alia. Already, calls have been going round the quarters, especially among Nigerian scholars, for the importation and application of this system of criminal procedure in Nigeria
Cyber Law in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
Demystifying the order from above
(Jescho publishing house, 2021) Lubogo, Isaac. Christopher
Determining the end of belligerent occupation: assessment of possible situations
(Islamic University in Uganda, 2017) Balarabe, Kasim
The Geneva Conventions and Additional Protocol I do not provide much guidance in determining the end of belligerent occupation in international armed conflict situations and discussions within the academic circle provided little assistance in analysing the situation. In this article attempt has been made to analyse various mechanisms and instances which may or may not end belligerent occupation. While the matter is largely a question of fact, the write-up will assist academics and practitioners alike in clarifying the delicate nature of the concept of occupation.
The development of Islamic jurisprudence and classical jurisprudence
(Islamic University in Uganda, 2017) Sani, Abdulkadir
Islam is a religion of Allah the Almighty who sent His messengers to preach his religion with scriptures and that religion is Islam. The book of Allah contains a message and commandment to mankind directing the mankind to restrain from certain act that are abominable and as such punishment will be the consequence of those who violate the rules of Allah. At the same juncture, the commandment wishes some promises to those who obey the rules of Allah of some rewards to paradise as the place of their abode. However, Islam as a religion cover every aspect of life of the believers and the rules and commandment always go with time and situation of the whole world. On these reasons, Islam allows certain things that are not clearly mention and do not contradict the rule of Allah to be practiced, e.g. customs. The prophets of Allah decide to the people sent to them on what to do and undo. After their demise their companions preside over matters by making reference to the book send to them through the prophet. As the generation goes the companions took over and preside and those who follow them. This extension brings about many changes as the religion goes with time and the understanding of the scholars also differs which lay the foundation of Islamic jurisprudence. New things emerge where no authority to relied on and need to be position by way of religion and the Qur’an or Sunnah does not clearly make a pronouncement. This create a gap where scholars gave their contribution and opinion by making reference to Qur’an and Sunnah in deciding some matters and because of this different views of the scholars bring in different understanding and different laws. But the Qur’an and Sunnah remain the source relied by any scholar in his saying or writing.
Digital money
(Jescho publishing house, 2022) Lubogo, Isaac. Christopher
Electronic evidence: a case for reform of the law of Evidence in Uganda
(Journal of Comparative Law, 2007-07) Namukasa, Aisha
The Law of evidence deals with evidence of information that tends to prove a fact in court. It is the duty of Judges to admit or reject evidential material depending on whether the items are relevant or whether the law of evidence excludes it from being admissible. A new phenomenon has sprung up revolving around the use of the computer leading to new forms of evidence that include computer generated documents. The proliferation of computers has created a number of problems for this area of the Law. People buy goods and carry out commercial transactions over the internet that has become the primary vehicle for consumer purchases, mass marketing, financial transactions, online information, entertainment and government services among others. There is need for legal regulation of evidence for these transactions This article is concerned with the need to reform the law of evidence to cover computer generated records or specifically carter for electronic documentary evidence. Many legal rules assume the existence of paper records, signed or original records. Traditionally the law of evidence relies on paper records although other kinds of physical objects have always been a part of the court rooms too. Dealing with records existing in other formats is not specifically regulated as it was not anticipated at the time the law was developed.
Environmental protection in the eco-dynamics of Islamic law
(Islamic University in Uganda, 2017) Dawood, Hamzah Adesola
The uniformity and orderliness in the creation of the universe are the clear expression of omnipotence and omniscience of the Designer and Fashioner of the environment. This uniformity can be observed in the diversity of nature and is constantly appealed to in the Qur’an as a sign of the Unity of the Maker. The Qur’an says: In the creation of the heavens and the earth, and the alternation of night and day, and the ships that run in the sea with that which profits men, and the water that Allah sends down from the sky, then gives life therewith to the earth after its death and spread in it all (kinds of) animals, and the changing of the winds and the clouds made subservient between heaven and earth, these are surely signs for a people who understand. There are several cycles that are operational in the nature-system, e.g. the water cycle, the nitrogen cycle, carbon cycle which maintain a balance in their quantity. Allah in His perfect arrangement of the creation has made the maintenance of these cycles so neat and orderly. Similarly, Allah has made the ecosystem of the environment peaceful and serine. But man had continued to make move to distort this arrangement.

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