1-The Shariah ruling on apostasy is that an apostate is guilty of a treasonable felony and thereby receives a death sentence. He should however be given a respite to repent first, before he could be executed. If he does, then he is welcome back honourably into the fold of Islam. (Some of the hadiths on this ruling could be found in Sahih Bukhari, the Book of Diyyaat (no 6878) & the Book of Jihad (no 3017) )
2-I have deliberately used modern legal terms like, 'treasonable felony' 'death sentence' etc to allow for an unbiased evaluation of the Shariah's stance on this issue. 3-In Islam, there is no compulsion or coercion to embrace its faith, and that's why it has been so stated categorically in Surat Al Baqarah (2): 256. However, no state or authority would take anything capable of uprooting its existence with levity; hence any attempt of such even in the secular laws always attracts death penalty. The Shariah view of apostasy is that of treason, and this could be better understood and appreciated when you recite Surat Al-Imran: 72, where Alla Taala uncovered apostasy as not just an exercise of one's freedom (as popularly claimed) but a calculated plot to undermine and subvert the nation of Islam. The Jews in those days actually devised that ploy by telling some of their followers to go and declare their acceptance of Islam only to come back after a while to renounce it and announce to people that they have detected it was such a bad faith! Here is the Qur'anic account of their plot: "And a faction of the People of the Scripture say (to each other) 'Believe in that which was revealed to the believers at the beginning of the day, but reject it at its end, that perhaps they will return (abandon their religion) ". The last sentence leaves no one in doubt of the true motive for this Satanic plot. 4- Proofs and evidences still abound even today in our environment. Have we forgotten the likes of AKEWU GBA JESU in Yorubaland? Up till this moment there...
Usul al-fiqh or Islamic jurisprudence generally explains the origin and nature of Islamiclaw as well as the structure of its legal system. In Islamic legal system, a rule of law in order to be valid has to be derived from the sources of Islamiclaw. This is accomplished by acceptable system of interpretation. Usul al-fiqh imparts instruction about the available systems of interpretation and their proper use.
Definition of Usul al-Fiqh (Islamic Jurisprudence)
The term usul al-fiqh composed of two terms, usul and al-fiqh.
1)Usul : Basis, origin, root, foundation and sources. Something from which another thing originates, or something upon which another thing is constructed.
2)Fiqh: Literally means understanding and knowledge of the law. Terminologically, fiqh means the knowledge of the legal rules (hukm or ahkam al-Shari`ah), pertaining to conduct, which have been derived from their specific sources for example; the five daily prayers are obligatory (wajib), usury (riba’) is prohibited (haram), and marriage is permissible (mubah). Wajib, haram and mubah here are the legal rules. These rules are derived from specific provisions in the sources or through ijtihad which is regulated by usul al-fiqh.
Definition and objective of usul al-fiqh
Usul al-fiqh has been defined as principles or methodology used by...
...Defining IslamicLawIslamiclaw is the collection of rulings and legally binding rules related to the regulation of individual behavior in society. It is a legal system with a broad range of directives, covering the specifics of various affairs, yet broad enough to be flexible and non–rigid due to its capacity for renewability and adaptability.
The History of IslamicLaw
Role #1: This was the role of education and dealing with legal life issues in Arab society during the mission of the Prophet; meaning the role of legislation in the time of the Prophet (PBUH) which ended with his death in the year 11 H.
Role # 2: This role dealt with legislation during the rule of the Rightly Guided Caliphs and their successors. This role continued until the fall of the Umayyad dynasty in 132 H.
Role # 3: This was the role of legislative maturation and completion which ended in the middle of the fourth century H.
Role # 4: The role of copying (from previous legislation) and closing the doors of Ijtihad (independent reasoning). This era ended in 1268 H (1869 A.D.)
Role # 5: The role of Jurisprudential awakening which started within the jurisprudence movement under the Ottoman state based in Turkey in the year 1286 H (1869 A.D.) and the appearance of the legislative journal, which continues to the present day.
In present times, Islamiclaw is considered...
...THE CONCEPT OF LEASEHOLD AND FREEHOLD UNDER THE NIGERIAN LAND USE ACT OF 1978
Written by IMIETE, AKEBIN ONYIGHI
The term estate as indicates an interest in land of some particular duration is of different kinds.1 There are different kinds of estates. Estates are basically divided into two: Freehold estate and Leasehold estate.2 Under the English common law doctrine of estate there are three estates of freehold: (a) fee simple, (b) fee tail and (c) life estates. Fee simple and life estate have always existed in English law. The fee tail was introduced by statute in 1925.3 Before considering the concept of freehold and leasehold within the purview or ambit of the Land Use Act of 1978 in detail a brief account of each must be given.
FEE SIMPLE: originally, this was an estate which endures for so long as the original tenant or any heirs (blood relations and their heirs and so on) survived. Thus at first a fee simple terminate if the original tenant died without leaving any descendants or collateral blood relations (e.g., brothers or cousins), even before his death, the land had be conveyed to another tenant who was still alive.4 But in 1306, it was settled that where a tenant in fee simple alienate the land, the fee simple would continue as long as there were heirs of the new tenant and so on irrespective of any failure of the original tenant’s heir.5 Therefore, a fee simple...
...Hart’s theory and legal system
One of the principal lessons of ‘The concept of law’ is that legal systems are not only comprised of rules, but founded on them as well. In contrast to Austin who had insisted that the sovereign makes all of the rules, Hart argued instead that the rules make the sovereign. In this essay, I would like to explain Hart’s theory and how the social rules are related to the legal system and rules of recognition. This essay has five parts. In the first part, I try to illustrate the practice theory of rules (social rules). And I will explain the three differences between social rules and habits. In part two, I will try to explain the internal aspect and how the social rules are related to the legal system and briefly introduce both the primary rules and secondary rules as well. In part three, I attempt to detail the rule of recognition and the relationship between social practices and rule of recognition. In part four, I address one objection about Hart’s theory, which is about under-inclusive and over-inclusive of Hart’s theory. And I give an example to support my objection. In the final part, I will make a conclusion about my paper and give a briefly review to both the concepts and my opinions in this paper.
Part One: Social rules (practice theory of rules)
For Hart, then, law is a matter of social rules. And there is certainly one point of similarity between...
...Intellectual Property Rights underIslamicLaw
Intellectual property rights are not regulated by Islamiclaw and jurisprudence per se. The issue is whether the principles of Islamiclaw can be constructed in a way to provide support for such protection. This paper assesses the extent to which Islamiclaw and its sophisticated tools have an impact on the protection of intellectual property. First it presents Sharī’a’s main sources; the Qur’an, the Sunna, Ijma and Qiyas and explains how many principles derived therefrom can accommodate intellectual property protection. It also sets out hurdles that have the potential to circumscribe such protection. Then it moves on to consider the effect of secondary sources. The following section examines the dynamics of interpretation of Islamiclaw over history and explores the impact that Sharī’a has on the enactment of legislation of modern governments. The concluding section briefly considers some tensions between the Western and the Islamic view on intellectual property and the role of economics within Islamiclaw and society. The arguments presented in this paper reveal that a Sharī’a based system is flexible and adaptable and that this flexibility is to be used in order to face economic reality.
Explain the reference to legal principle and relevant case law, the legal aspect of placing the ‘Klick’ clock in the shop window with a price tag attached.
Ann antiques has a rare ‘Klick’ clock on its shop with price tags of €1,000 attached. In spite of its wording the sign in the window does not constitute a legal offer, it is merely an invitation to treat. Invitation to treat is an indication that the person who invite is willing to enter into a negotiation but it is not yet prepared to be bound. This case may be seen in Fisher v Bell (1961). It was held that having switch-blade knives in the window of a shop was not the same as offering them for sale.
Analyze the reference to legal principle and relevant because law, the legal effect of the event that transpired between Ann and Beth ignoring the conversation that took place between Carol and Beth and advice as to whether the valid contract exist between them.
The original invitation to treat at €1,000 was met by an offer from Beth which offers €500 on the ‘Klick’ clock. After Ann received an offer from Beth, Ann made a counter offer on the clock that she would sell €750 for it. It is up to Beth to decide whether to accept the offer or not. A counter offer arises when the offeree tries to change the terms of an original offer.
For example, the Hyde v Wrench (1940) case. In that case, on 6th June, Wrench offered to sell his estate to Hyde for £1,000 but...
1) Dissolution of a Partnership Firm.
2) Forms of partnership underIslamicLaw.
Sir. Usman Arshad
Muhammad Hashaam Khalid
Dissolution of a partnership Firm:
Dissolution of a partnership firm means the ending of contractual relationship b/w all the partners. It means the closing of partnership business. According to partnership act:
“ if there is dissolution of partnership among all the partners of a firm, it is a case of dissolution of a firm. Here all the members cease to carry on the business, the assets & liabilities are divide as per agreement”.
The difference b/w dissolution of partnership firm and dissolution of a partnership is given below:
Dissolution of a Firm:
Dissolution of partnership firm is the closing of partnership business. Here all the partners cease to carry on the business. The relationship b/w the partners is broken. Which causes the closure of business. After payment of all liabilities,the capital is returnd to partners.
Dissolution of partnership:
Dissolution of partnership is the end of partnership only not the end of business. If one partner of a firm is dies,retires or unable to pay the debts, the remaining partners may agree to continue the firm under the same name. the remaining partners may purchase the share of outgoing. We can say...
Polygamy is defined as the condition or practice of having more than one spouse at a time. Though it has existed in many cultures throughout the world, polygamy is still very prevalent in most Islamic societies today. There are however several guidelines laid out in Islamiclaw governing the practice. Here we will examine the practice of polygamy in Islam and those laws which govern its legality.
Muhammad did not introduce this practice, as has so often been wrongly alleged. The Scriptures and the other sacred books bear abundant proof of the fact that is was recognized as lawful and, indeed, widely practised by patriarchal prophets, Zoroastrians, Hindus and Jews. In Arabia and all the surrounding countries a system of temporary marriages, marriages of convenience, and unrestricted concubinage was also prevalent: this, together with polygamy, had most disastrous effects on the entire moral and social structure, which Muhammad remedied.
Muhammad married Khadija at the age of 25, and he took no other wife during the twenty-six years of their married life. He married Aisha . . . at the age of 54, three years after the death of Khadija. After this marriage, he took other wives, about whom non-Muslim writers have directed much unjust criticism against him. The facts are all these ladies were old maids or widows left destitute and without protection during the repeated wars of persecution, and as head...