Journal of Comparative 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 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.
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
(2008-01) Ijaiya, Bashir. Leke; Nayiga, Sauda; Mbajja, Rukia
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 Traffic Laws and the Road Users in Nigeria and Uganda
(2007-07) Ijaiya, Bashir. Leke
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
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.
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.
The impact of legal reasoning in judicial and legislative process
(Islamic University in Uganda, 2017) Danladi, Kabir
One vital institution that remains the last hope of common man in the society is the judiciary. The hope imposed on this institution by members of the public is not because judiciary bears such name, but because of its ability to make trained and professional judges apply their potentials and knowledge of law to causes by listening to litigants and the arguments and counter arguments of counsel for the purpose of extracting and determining the truth with a view to passing a verdict with respect to whoever the pendulum tilts. Listening to the submissions of Counsels and Attorneys and examining and passing judgments require special skills and knowledge by judges. This indeed brings us to the idea of having adequate knowledge of legal reasoning in judicial process. How then do judges pass judgment on the basis of the analysis of persuasive arguments advanced by Attorneys’ appearing before them? Do they apply the same method in the interpretation of the arguments in order to arrive at their conclusion? What are the prominent terminologies and phrases used in this process? All these and many more will be understood through the knowledge of legal reasoning in judicial process.
The impact of the Domestic Relations Bill 2003 on the Islamic Institution of Marriage.
(Journal of Comparative Law, 2007-07) Kamal, Alhaji. Dauda; Nakitto, Saidat
The whole of Uganda sometime in 2005 reacted to the Domestic Relations Bill 2003 on the basis that it lacks both religious and cultural morals; the same bill is to be retable before the parliament, 3despite all protests. In view of this work is examining the provisions of the Bill, in seeing its impacts on the Islamic Marital Laws, looking into the concept of marriage, the nature of Islamic Law, and its application, in trying to examine the relationships, obligations and rights of marital couples under Islamic Law, all with an attempt to have a background of finding and highlighting the provisions of the Bill that do not conform with the provisions of Islamic Law.
Islamic University In Uganda Journal of Comparative Law
(Faculty of Law,Islamic University In Uganda, 2019) Islamic University In Uganda
Journeying back to Madinah
(Islamic University in Uganda, 2017) Ahmad, Ibrahim M.; Abikan, Abdulqadir I.
This article examines the history of evolution and developmental progression of Shariah Governance (SG) in the global Islamic Finance Industry. It explores the status of SG in the nascent Nigerian Islamic Financial Service Industry. It asserts that as a source based Industry, SG remains the pivotal link between its original forms of Islamic Commercial transactions and their transformation to modern financial instruments. It finds that lack of SG Structure contributed to the failure of the earlier attempt at Islamic Financing in Nigeria and concludes that its continuous development is crucial to leading the industry’s Muslim stakeholders to a true state of Islam in practice and observance.
The need for banking sector reforms and consolidation in uganda: a conceptual and legal framework
(Journal of comparative law, 2008-01) Musa, Yusuf Abdul R.; Tukur, Kabiru Isa
The financial landscape, especially the banking sector, is under immense pressure from the global market place of financial services, for the need to provide adequate and cheap capital, competitive technology, and robust professional workforce efficient regulatory and legal frame work . This premise however provides services required in fostering and facilitating development in the real sectors of the economy, particularly in developing countries such as Uganda. This development paradox however has made other countries of Yugoslavia, Hungary ,Malaysia, Thailand, Indonesia, South Korea, Japan ,Turkey and recently Nigeria and South Africa to embark on reforming and consolidating their banking institutions. However anecdotal literature reveals that such undertaking generates immense benefit to countries that embark on such programs, and Uganda a developing country in east Africa, require similar exercise that it can take advantage of the strong and and vibrant financial sector, which would, in the long run, serve as a pre-requisite for regional economic integration, and cooperation. The discovery of oil in Uganda has brought paradigm shift in terms of revenue generation for governments and a challenging opportunity to the economy which now requires large amount of capital investment ; these phenomena have made this need of banking sector reforms to be very urgent and palatable, thereby making the country take advantage of the burgeoning revenue in the oil sector. The globalise economy is therefore in dire need of competitive capital and a strong financial sector that can provide financial services, in the increasingly globalise market place, which is urgently needed for growth and development of the economy of Uganda.
Peaceful coexistence examined via the lens of the Islamic law of war and peace
(Islamic University in Uganda, 2017) Owoade, A.A.; Onikosi, A. A
No sovereign state of the world can operate in isolation of other state, be it Islamic state or otherwise. This manifest relation is as a result of economic, political, security reason and many more. Premised upon the foregoing, Islam from the time of revelation had had the foresight of this unavoidable relationship between Muslims and non-Muslims. In support of this assertion, there are plethora of verses of Quran and the prophetic traditions that deals with peaceful coexistence of Muslims and non-Muslim in an Islamic state and outside it. Basically, for the purpose of promoting peace, prosperity and freedom for its adherents and for all others through compassionate justice the paper shed beam of light in this direction as its fulcrum.
The place and role of the International Criminal jurisdictions in relation to National Domestic courts with regard to the principles of primacy and complementarity
(Journal of Comparative Law, 2007-07) Tumwine, William
The end of the Cold War 16 years ago marked a major shift in the development of international law. The need to address the ever-increasing culture of impunity and prevent future commission of atrocities made the international community to establish international criminal tribunals to try those responsible for the international crimes. The establishment of the international criminal Tribunal for the former Yugoslavia (ICTY) in 1993 by the Security Council marked the beginning of the establishment of these tribunals. The international Criminal Tribunal for Rwanda (ICTR) was established a year later to try those responsible for the genocide in Rwanda in 1994. However, the mandate of these tribunals was confined to the crimes that took place in the former Yugoslavia and Rwanda; they lacked the capacity to deal with other emerging cases of impunity elsewhere. This called for the establishment of a permanent international criminal court. This was ultimately achieved in 1998 when the statute of permanent international criminal tribunals, other ‘hybrid’ tribunals have been created to deal with specific country conflicts. The most prominent in this category is the Special Court for Serra Leone( SCSL), which was established in 2002.

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