Islamic University in Uganda Journal of Comparative Law
Journal covers aspects of comparative and transnational law. The journal accepts articles that treat different aspects of law particularly of comparative and transnational nature.
Faculty of Law , Islamic University in Uganda
The management of natural resources is a central theme in Islamic proprietary jurisprudence. It is characterized by the Prophetic mandate: "Muslims are partners in three things: water, pastures, and fire" (Sunan Abi Dawud). This Hadith establishes a normative framework for the "Commons," suggesting that essential resources required for human survival and communal flourishing are inherently collective. In the contemporary Nigerian context, where energy transition and water security are paramount, this primary source offers a profound legal basis for public trust. The modern commodification and total privatization of essential resources—particularly energy ("fire") and water—frequently lead to the marginalization of vulnerable populations and the degradation of the environment. Nigerian laws are increasingly prioritizing exclusive private ownership or state-led commercialization which creates a Tragedy of the Commons where communal access is sacrificed for corporate profit. This creates a tension between the Prophetic prohibition of resource monopoly and the neoliberal legal structures of the 21st century. This paper interrogates the legal status of shared natural resources by analyzing the Hadith of the Three Commons through the lens of Al-Amwal al-Ammah (Common Property). It seeks to determine how this Prophetic principle can be operationalized to challenge the absolute privatization of energy and water sectors as well as advocating for a Prophetic Public Trust model within Nigeria’s regulatory framework. The analysis reveals that the three resources mentioned in the hadith (i.e., water, pastures, and fire) are categorized as Res Publicae under Islamic law. This renders them non-subject to exclusive private ownership if such ownership results in public hardship (Darar). The paper finds that fire in the modern context encompasses electricity and hydrocarbons implying that the infrastructure for these services must serve a communal partnership. Furthermore, the paper discovers that the concept of shirkah (partnership) in these resources mandates a distributive justice model that transcends simple market economics. It is recommended that the Nigerian government adopt a Communal Resource Easement based on the Hadith of the Three Commons. This legal instrument would ensure that even where private licenses are granted for resource extraction, a guaranteed Partnership Share is reserved for local communities to ensure ecological and social equity.
THE INCREASING ROLE OF EQUITABLE INTERESTS IN LAND TRANSACTIONS
Land law in Nigeria, like in many African nations, continues to grapple with the balance between formal legal rights and equitable interests, particularly in a landscape marked by diverse customary practices and evolving statutory frameworks. This article explores the increasing role of equitable interests in land transactions under Nigerian land law, drawing comparisons with Ethiopia’s unique approach to land tenure. In Nigeria, equitable interests often arise from informal agreements, long-standing possession, or contributions to land improvements, creating a tension with legal rights enshrined in the Land Use Act of 1978. Similarly, Ethiopia’s public land ownership system emphasizes fairness and equity, recognizing customary land rights, shared familial interests, and community claims despite the absence of formal legal documentation. The article examines the legal and equitable dimensions of landholding, the role of judicial systems in adjudicating disputes, and the socio-economic implications of prioritizing equitable interests in both nations. Using Ethiopia as a comparative framework, the discussion highlights how principles of fairness and long-standing usage—whether under formal statutes or customary practices—shape the recognition of equitable interests. Special attention is given to spousal contributions, informal settlements, and communal rights, illustrating the transformative potential of equitable principles in land administration. The analysis underscores the growing need for Nigerian land law to align with equitable considerations, not merely as a supplement to legal rights but as an integral mechanism for promoting inclusivity, justice, and sustainable land management. Drawing lessons from Ethiopia’s integration of equity in land use policies, the article advocates for reforms that balance statutory provisions with informal and customary claims, ensuring equitable access and protection for vulnerable populations in both contexts.
THE ROLE OF REGULATORY SECTORS IN ENSURING THE OPERATION OF ISLAMIC BANKING AND FINANCE SYSTEM IN NIGERIA
Despite enormous opportunities for social development and economic harmony in Islamic banking, Nigeria’s Islamic banking sector accounts for merely 1.7 percent of the entire banking industry.[1] The regulatory sectors play a crucial role in promoting the Islamic banking and financial system in the country. Applying the doctrinal research method, this study examines the role of government of Nigeria’s regulatory sectors play in ensuring the operation and growth of Islamic banking and finance. It explores and analyses the legal frameworks, policies, and initiatives implemented by the regulatory sectors to address and promote the non-interest bank in the country. It sight-sees the related opportunities and risks attached in operation of Islamic banks. The study highlights the importance of integrating change considerations into Islamic financial decision-making, promoting sustainable Islamic finance, and improving communities’ income and economy initiatives. The findings of this study provide insights into the challenges and opportunities faced by the regulatory sectors in addressing Islamic banking and finance change in the financial sector and offer recommendations for policymakers and regulators.
THE REGULATION OF HALAL TOURISM UNDER ISLAMIC LAW
Originating in Islamic commercial jurisprudence (fiqh al-muʿāmalāt), halal tourism has grown to be a substantial part of international travel, encouraging moral behaviour, social responsibility, and lawful consumption in the travel and hotel industries. The administrative and regulatory framework for halal travel is still inadequate in a number of African countries, despite its increasing significance on a worldwide scale. Thus, this study intends to investigate and compare the legal frameworks governing halal travel in Nigeria and Uganda, with particular emphasis on whether the Tourism Act (UTA) 2008 in Uganda and the Nigerian Tourism Development Authority (NTDA) Act 2022 appropriately acknowledge and regulate faith-based travel. The paper examines the laws, regulations, and policy tools of both nations using a comparative doctrinal research methodology. It also draws comparisons between Malaysia and the norms of the Organization of Islamic Cooperation (OIC). The results show notable deficiencies in certification procedures, legal recognition, and interagency collaboration, all of which work against the organized growth of halal-compliant travel. The sector's economic potential is undermined, and investor trust is restricted by the lack of standardized certification procedures and clear regulatory norms. Halal tourism is an ethical, consumer-focused regulatory innovation that is compatible with international development frameworks and constitutional secularism, according to the study's findings. In order to align the growth of halal tourism with the Sustainable Development Goals and Africa's Agenda 2063, it suggests establishing clear halal tourism standards, enhancing cooperation between tourism authorities and Islamic certification bodies, integrating Islamic finance instruments, and implementing specific policy changes.
OVERCOMING CHALLENGES IN LEGAL EDUCATION
The falling standard of legal education is an issue of grave concern in the Uganda and Nigerian legal climates. Today, a low quality of lawyers are turned out annually, as further exhibited in the poor lawyers' performances in courtrooms. The falling standard of legal education is a product of a shortage of qualified teachers, low-quality students and infrastructure shortage. The paper examines some concerns, challenges and successes recorded in legal education at the university and the law school. This paper further argues that permitting law teachers to undertake private practice, adopting appropriate pedagogy, removing examination malpractice, and enhancing welfare packages of Law teachers will resolve the issue of poor-quality legal education in Uganda and Nigeria. This paper adopts non-doctrinal using legislation, international statutes, newspapers, and the Internet to address the falling standard of legal education in the two countries. Against this backdrop, this paper advanced several conceptual arguments to support its views. Nevertheless, recommendations are made in this paper with a conclusion that the desire for quality legal training could be achieved through robust domestic laws and policy framework. The article recommends the paradigm shift in professionalism in the legal education, bearing in mind that Nigeria's and Uganda’s institutional salvation rest in the legal profession since the legal profession is the proud bastion of justice.
LEGAL CONSEQUENCE OF ILLEGALLY ACQUIRED PROPERTIES BY DECEASED PUBLIC OFFICER UNDER ISLAMIC LAW
The unlawful acquisition of property by public officer raises profound legal and ethical concerns, particularly when such assets form part of the estate of a deceased individual. Under Islamic law, wealth obtained through illicit means such as bribery, embezzlement, or abuse of office is regarded as unlawful (haraam) and does not confer legitimate ownership, contrary to the common law position. This article examines the legal consequences of illegally acquired property left behind by a deceased public officer, with emphasis on principles derived from the Qur’an, Sunnah and classical juristic opinions. Adopting a doctrinal methodology, the article analyses the concept of lawful ownership (milk) and the prohibition of unjust enrichment. It argues that such property is not inheritable in the strict sense, as it does not constitute a valid estate (tarikah). Rather, priority is given to restitution, returning the property to its rightful owners or, where they are unknown, channeling it to the public treasury (bayt al-Mal) in the interest of justice and societal welfare. The article further highlights the moral accountability of the deceased and potential implications for heirs who knowingly benefit from unlawful wealth. The article found that the practice of excluding illicit properties from the estate of a deceased Muslim in Islam will eradicate corruption of public fund by people holding public office in Nigeria. The article concludes that Islamic law provides a robust framework for addressing illicit enrichment, emphasizing restitution, justice and ethical governance
Despite Nigeria’s vast petroleum wealth, many oil-producing communities’ remains trapped in environmental degradation and acute water insecurity. The paradox of resource abundance and socio-environmental deprivation is epitomized in Okoritak community, where oil wealth co-exists with acute water scarcity. This paper examines the irony of resource abundance and basic service deprivation through a case study of the Okoritak community in Niger Delta region of Nigeria. It interrogates the structural, legal, and governance failure that have perpetuated the community’s prolonged and unfulfilled quest for access to clean and safe water despites its proximity to one of Nigeria’s lucrative oil reserves. It delves into the inequitable resource distribution that has compounded the water crisis. Drawing on field studies, legal frameworks and policy analyses, the paper highlights the role of oil exploration activities in contaminating water sources and explores the inadequacies of State and corporate interventions in addressing the crisis. The paper further investigates the intersection of environmental justice and human rights, advocating for sustainable policy reforms and community-driven solutions. Ultimately, it calls for integrated water management strategies to ensure sustainable access to clean water and improve public health outcomes in the community. The findings reveals a persistence disconnect between constitutional guarantees, statutory frameworks, and practical enforcement, Regulatory fragmentation, limited community participation and weak accountability mechanisms have compounded the crisis. The paper argues that the failure to secure potable water in Okoritak community reflects deeper governance deficits in resource management and distributive justice. It concludes by proposing a rights-based community-centered approach that integrate stronger regulatory enforcement, corporate environmental responsibility, and judicial oversight
Environmental Justice Okoritak Community
REFORMING THE DEFENCE OF PROVOCATION ON ISSUES RELATING TO VIOLENCE AGAINST WOMEN IN NIGERIA
The common law defense of provocation emanated from the ‘appreciation and understanding of the frailty of human nature’ which may make a man so taken up with resentment that his reasoning may be temporarily suspended. Unlike in common law where it provides a defense only to murder cases, the Nigerian criminal law makes it available to negate criminal liability in the offence of assault in addition to mitigating liability for murder. There have been calls for a reform of the criminal law on provocation in Nigeria from a gender viewpoint which the present author supports. These calls were made on the basis of the conditions for a successful plea of provocation which ignores the reality of women when they kill as a reaction to experiences of repeated and long-term violence or when they are killed. We argue that the state of the defenses of provocation at present in Nigeria still leaves a gap for violence against women to thrive. Drawing on graphic descriptions of the facts of reported cases, existing scholarly publications on the issue and media reports, this article contributes to this discourse on a gendered perspective of the defenses of provocation in Nigeria.
LEGAL TECHNICALITIES AND THE USE OF ALTERNATIVE DISPUTE MECHANISMS IN DISPUTE SETTLEMENTS
Alternative Dispute Resolution (ADR) has gained a remarkable recognition as one of the most effective means of dispute resolution, its unique nature of arresting dispute and attaining justice within the shortest period possible without recourse to court or the application of undue technicalities of law has contributed to its attractiveness. However, its effectiveness in overpowering the intricacies of legal technicalities remains a topic of debate. This study conducts a radical evaluation of ADR in contrast to the technicality of the law, aiming at providing an insight into its implications for legal exercise and coverage. The article starts with an overview of ADR and the growing incidence of legal technicalities in modern-day litigations. It delineates the numerous kinds of ADR, such as; mediation, arbitration, conciliation and negotiation. With the use of analytical and comparative approach, the study investigates how ADR is able to cope with legal technicalities, it illustrates times wherein ADR has successfully resolved disputes while considering the challenges it faces in addressing complex issues of legal dispute. The work tries to bring about a balance between ADR and the technicality of the regulation in cutting-edge legal systems. The article concludes with a forward-searching angle on destiny traits in ADR and legal technicalities, underscoring the importance of non-stop analysis and modeling in the pursuit of effective dispute decision.
COVID-19 DATA GOVERNANCE AND PRIVACY PROTECTION IN NIGERIA
As the world gets rid of the spread of Covid-19, an issue of great concern lies in wait for scholarly engagement. This engagement affects the legal issues surrounding the collection, use and storage of personal data of Nigerians, who were screened, quarantined, isolated, treated and discharged from various isolation centers and health facilities across the nation. Large volumes of personal data concerning Nigerians are held by numerous government agencies. The outbreak of corona virus generated additional volume of data of great value, to both the data subjects and the global data economy. The personal data being generated in the course of Covid -19 treatment constitute the personality of the data subject, the protection of which is a human right issue. To the data merchants, commoditising the personal, medical and genetic data which Covid – 19 generated, is a boom to the data economy. Although, Section 26 (1) of the Nigerian National Health Act, provides that personal data should be treated with confidentiality, however, the problem of commoditising personal data in the global data economy has heightened legal concerns in Nigeria. While the birth of the Nigerian data protection Act 2023, is a timely event, the paper examines its adequacy in protecting data privacy breach. The main argument of this article is that health workers need to comply with data protection principles as they continue to relate with the records of Covid-19 and other patients. The paper adopts doctrinal research method. It’s key finding is that, personal data rights, especially in health sector, are prone to breaches, despite the enactment of new law. The paper therefore advocates the amendment of the Nigerian data protection Act 2023, to provide for specific guidelines on the use of health data for research purposes. This will protect the human rights of Nigerian data subjects, because, Dual-Use Research of Concern (DURC) is a modern reality.
HARMONIZING PROPERTY RIGHTS UNDER THE AfCFTA
The Agreement Establishing the African Continental Free Trade Area (AfCFTA) represents the most ambitious integration project in Africa's post-colonial history, aimed at creating a single market for goods and services. Central to this vision is the liberalization of Trade in Services, specifically through Commercial Presence (Mode 3), which necessitates the acquisition and protection of physical and intangible property across 54 Member States. Despite the supranational mandates of the AfCFTA, property law remains a bastion of national sovereignty, governed by the principle of lex situs and fragmented across diverse legal traditions (Common Law, Civil Law, and Customary Tenure). This paper identifies a Property Paradox: while the AfCFTA facilitates market entry, behind-the-border barriers such as discriminatory land ownership restrictions, opaque Governor’s Consent requirements in ECOWAS, and a lack of interoperable digital registries, act as significant Non-Tariff Barriers (NTBs). These disparities create a Compliance Tax on cross-border investors, rendering property rights illiquid and insecure. This paper seeks to critically assess the extent to which property law fragmentation obstructs the objectives of the AfCFTA. It aims to evaluate the efficacy of the AfCFTA Protocols on Services and Investment as corrective mechanisms and provides a comparative analysis of the East African Community (EAC) and ECOWAS to determine best practices for regional property regulation. The study finds that AfCFTA liberalization without property harmonization produces incomplete integration. While the EAC has made strides through digitized registries and lease-based access for non-citizens, the ECOWAS region suffers from significant Proprietary Friction due to unrecorded customary titles and rigid constitutional prohibitions. Furthermore, while the Protocol on Investment provides a shield against unlawful expropriation, it lacks the administrative handshaking required to harmonize the actual registration and enforcement of security interests across regional frontiers. To bridge this gap, the paper recommends a Functional Harmonization Model predicated on three pillars: (1) the adoption of Minimum Continental Property Standards to guarantee non-discriminatory leasehold access; (2) the implementation of a Mutual Recognition Framework for commercial leases and security interests; and (3) the development of a blockchain-based Pan-African Digital Property Ledger to ensure administrative interoperability.
A relative inconsistency of climate presence on large bodies of water due to global warming causes the rising temperature of the oceans and soaring sea levels. The planet is occupied by water accounting for more than two-thirds of the earth's space. Water is the principal source of organic growth without agrochemicals and climatic balance. The marine environment supports agriculture and aquatic life from which humans get nutrition balance and industrial resources that directly have consequences on human life, safety, and happiness. However, a global rise in extreme heat has become a world confrontation issue having serious devastation on different aspects of the environment due to the dissolution or liquefying of glaciers into the sea, excess chemicals and excess heat of water bodies, pollution and emission by international ships, among others. The adverse consequences of negative results have affected other regions today. The negative long-term effects have been recognized as a major issue for coastal and entire marine areas. This paper therefore focuses on the climate consequences on maritime areas of the world and examines the International Legal regime applicable to the maritime domain to reduce the effect of climate devastation on the marine environment generally. The paper concludes by providing recommendations in providing methods for reducing the impact of weather change on the maritime surroundings
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WAR CRIMES AND CRIMES AGAINST HUMANITY COMMITTED BY RUSSIAN SOLDIERS IN UKRAINE
The war in Ukraine started on the 24th of February 2022. This war has led to the loss of many lives from both sides: the Russian soldiers and Ukrainian citizens. Both sides have also wasted resources. There appears to be no end in sight yet, though serious moves are being made towards negotiating and reaching an agreement on cease fire. With the level of losses on both sides especially the loss of lives on the Ukrainian side, questions are already being asked if the victims of war crimes in Ukraine can ever get justice. This article analyzed the possibility of the Ukrainian citizens ever getting justice for war crimes and crimes against humanity orchestrated against them by the Russian soldiers. The analysis centred on the possibility of accessing justice before the institutions empowered to deliver justice for crimes committed against the Ukrainian people: Ukrainian National Courts, the International Criminal Court and or any international criminal tribunal that may be set up by the United Nations Security Council. The research adopted the doctrinal methodology which analyzed primary and secondary sources of materials. The research discussed the history of the war, the possibility of trial at the ICC, the possibility of trial before any tribunal, and the recommendation and conclusion. The article recommends the reform of the United Nations Security Council and the strengthening of the International Criminal Court.
EXPLORING THE EFFICACY OF AN ADMINISTRATIVE INSTITUTION WITH ARBITRATION POWERS IN RESOLVING NIGERIA`S OIL POLLUTION DAMAGE COMPENSATION CONUNDRUM
The widespread discontent among Nigeria`s oil-producing communities, leading to persistent unrest and agitation fuelled by inadequate and delayed compensation for oil pollution damage, highlights significant shortcomings in the country`s legal framework for addressing such issues. This study adopts a multi-method research design, incorporating both traditional legal analysis (doctrinal method) and socio-legal research techniques (non-doctrinal method) to investigate the effectiveness of compensation for oil pollution damage in Nigeria. For the doctrinal aspect, the study relies on information which include relevant international laws, conventions and treaties, local legislation, past and extant Nigeria`s Constitution, case law, textbooks, academic publications, law reports, encyclopedias, law dictionaries and newspaper publications. For the non-doctrinal method of legal research, the study uses questionnaire survey as a versatile tool to gather useful and appropriate data/information on the effectiveness of energy industry compensation in some selected oil-producing communities of Bayelsa and Rivers States. The paper, therefore, suggests the development of a legal system of compensation for oil pollution damage that is based on the enactment of comprehensive law for compensation for oil pollution damage and establishment of an independent regulatory institution with powers of arbitration, and its own rules of procedure, that will facilitate prompt, adequate and fair resolution of matters of compensation for oil pollution damage.
WIDESPREAD VIOLATION OF HUMAN RIGHT TO LIFE: AN OVERVIEW OF STRATEGIC PROSECUTORIAL AND INVESTIGATIVE GUIDELINES
Widespread violation of human right to life over the years has plunge the various developing countries into a protracted security dilemma. To enhance socio-economic development in any community, the safety of the indigenes and foreign investors is a paramount factor. Hence, the international treaties and conventions on the rights and security of human beings across the world. Article 6(1) of International Covenant for Civil and Political Rights, 1966, declare that: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” The legislature is obliged to adopt series of strategies to tackle the menace and facilitate efficient criminal justice dispensation. However, it is observed that the crime control system of many developing countries demand strategic restructuring towards efficient investigation and prosecution of offenders, as a large percentage of perpetrators are usually undetected and unpunished. The paper contended that the investigators must respect, protect and uphold the universal concept of human dignity and human rights, and exercise the highest standards of integrity and care in the course of their duties. In this regard, the paper recommended series of rules and strategies that must be considered in the investigatory and prosecution process. Using primary and secondary sources of law including case law and relevant internet materials, the paper reviewed relevant international, judicial and statutory authorities in recommending that investigators and prosecutors must be well-informed and adequately equipped for their tasks.
A COMPARATIVE STUDY OF SHARIA AND SECULAR LAW OF INHERITANCE RIGHTS OF CHILDREN BORN OUT OF WEDLOCK
Inheritance by children born outside marriage is a fairly complex challenge. Against the above backdrop. The paper examines the inheritance rights of children born out of wedlock by comparing secular laws of Uganda and Sharia on succession, bearing in mind the best interests of a child together with the principles of equality and non-discrimination. The major problem investigated in this paper is the existence of the gap in the law of inheritance in Sharia and the lack of clear regulations in the secular laws of Uganda concerning the inheritance of children born out of wedlock. The study revealed that under Sharia, the children born out of wedlock inherit from their mothers but not their fathers, which is totally different from the secular laws of Uganda. The doctrinal legal research methodology was used by analyzing both primary and secondary sources of both Sharia and Secular laws. The study discovers that the secular law also sacrifices and restores normalcy in the society by way of allowing Walad Zina to inherit part of the estate of the deceased father.
TRANSFORMATIVE SOCIAL POLICY: THE CASE OF SOCIAL SECURITY, PROTECTION AND PUBLIC SERVICES
This study examines the transformational impact of social policies on economic growth, social equity, and public welfare by analysing social security, protection mechanisms, and public services. Using a comparative data-driven approach, the study evaluates how welfare investments influence poverty reduction, GDP growth, and public health outcomes. Statistical comparisons between Sweden, Germany, the UK, Nigeria, and India reveal that higher social spending leads to lower poverty rates, improved labour market participation, and better healthcare access. It further investigates the role that social security systems play in reducing poverty and inequality, the significance of social protection measures in protecting vulnerable people, and the contribution that public services make to improving the quality of life and ensuring that everyone has equal access to opportunities. The study used a mixed-methods approach, integrating qualitative and quantitative data, to provide substantial insights into policy effects and public perceptions across distinct socio-demographic categories across different areas. Critical results demonstrate that current policies often inadequately address the specific requirements of disadvantaged people, highlighting gaps in access to healthcare and other services. The research emphasises that transformational social policies may remedy inequities and perhaps enhance health outcomes and public health equality. Findings underscore the need for higher public investment, institutional efficiency, and global cooperation in welfare policy. The consequences are significant, indicating that policymakers have to emphasise the incorporation of social protection frameworks within healthcare systems to enhance inclusion and resilience in public service delivery by advancing the debate on social policy development, promoting a paradigm shift towards comprehensive and equitable strategies that tackle structural inequities, so establishing social policies as essential for attaining sustainable health for everyone. The research provides insights into how social policies may be conceived and executed to maximise their transformational effect by emphasising best practices and lessons learned from diverse national settings.
THE IMPLICATION OF LEGAL ADOPTION OF A CHILD IN RELATION TO TESTAMENTARY POWERS UNDER NIGERIAN LAWS: A DISCOURSE
The concept of testamentary freedom implies that a testator is free to dispose his estate as he wills. This freedom is however curtailed by Customary/Islamic law and other statutory stipulations, to wit, reasonable provisions to dependants, among others. Adoption of a child is permissible under the laws in Nigeria. Upon the handing down of the adoption order by the court, the adopted child is entitled to the rights and privileges as would have a biological child, including the right of succession. This position is further enforced by the Nigerian Constitution which provides that no citizen shall be subjected to any disability or deprivation merely by reason of the circumstances of his/her birth. Therefore, for a will to be valid, it must make provision(s) for such an adopted child or children, and even, by reason of Customary/Islamic law, the child is entitled to certain devises and bequests which must not be withheld from him/her on grounds that he/she is adopted. Thus, adoption confers on a child, all the rights vis-à-vis his adoptive parent(s) as if the child had been born in lawful wedlock, as well as, imposing on the adoptive parent(s) responsibilities equivalent to that of the natural parents of the child. This paper uses doctrinal methodology, by providing background information on adoption, the various forms of adoption and the historical information on the evolution of adoption laws in Nigeria. The authors also discuss the testamentary freedom of a testator, the curtailments of the freedom and the position of an adopted child within the socio-cultural context of Nigeria.
THE IMPACT OF LEGAL PROVISIONS FOR A SUSTAINABLE CIRCULAR ECONOMY
The circular economy, an important and rapidly growing economic field, is a systems-level approach that seeks to reduce resource consumption and waste generation while increasing economic prosperity. It is, however, critical to understand the legal provisions that can support and enable its success. It cuts to the heart of how the law can support and facilitate sustainable development through the circular economy. This paper examines how a circular economy can contribute to sustainable development, by focusing on its environmental, economic, and social impacts. In addition, it evaluates the legal and policy instruments needed to facilitate the transition to a circular economy. The article further examines the legal framework regulating circular economy within the Nigerian context. It explores the role of national and international laws in promoting a circular economy and identifies opportunities for reform. It argues that a holistic approach to the law is necessary to ensure a sustainable and just transition. Through an analysis of case studies and theoretical frameworks, the article finds that the circular economy has the ability to contribute to sustainable development, but significant policy changes are needed to realize this. By addressing these challenges, the circular economy can play a significant role while the law serves as a catalyst.
THE LEGAL FRAMEWORKS FOR THE TAXATION OF A LIMITED LIABILITY COMPANY IN NIGERIA: A TRIPATITE TAX RATE REGIME
In Nigeria, there are various business organisations that one can venture into for the purposes of trading and benevolent activities. Basically, all limited liability companies are liable to Companies income tax (CIT). While the Companies Income Tax Act (CITA) 2007 provides for a single tax rate regime of 30 per cent, the Finance Acts 2019 to 2023 make provision for a tripartite tax rate regime with additional provisions to other elements necessary for the determination of tax liability of a limited liability company. This paper seeks to examine the legal frameworks set up for the taxation of limited liability companies in Nigeria as provided for under the new tripartite tax rate regime. In the course of doing this, doctrinal research methodology is adopted. The paper found out that, prior the enactment of the Finance Acts 2019 to 2023, Nigeria had a uniform company income tax rate, imposed on limited liability companies under CITA 2007. However, the Finance Act 2019 creates a tripartite CIT rate. In addition, the paper noted that prior the imposition of tax on the profit of a limited liability company, certain deductions are made from its gross profits in accordance with the provisions of the law, in order to arrive at the assessable profit of the company. Also, the paper noted that there are some companies that are liable to CIT, but pay no tax at all, or pay as low as 0.25 per cent while some profits and incomes are not liable to tax at all. The paper makes recommendations with the conclusion that, the tripartite CIT tax regime created under the Finance Acts is a welcome idea which will probably lessen tax evasion and increment of Government’s revenues and will aid the growth of companies and invariably aid the growth of Nigeria economy.
DOUBLE PATERNITY DILEMMA: RESOLVING LEGAL COMPLEXITIES IN HETEROPATERNAL SUPERFECUNDATION CASES UNDER ISLAMIC LAW
This article delves into the legal ambiguity surrounding heteropaternal superfecundation cases, a phenomenon where twins are conceived with different biological fathers. It reassesses the legal standpoint presented by classical jurists concerning the impossibility of double paternity. This belief led them to suggest legal consequences for a husband denying one of the twins. The article adopts doctrinal research methodology. It finds that the strict application of classical rulings on the subject matter may lead to a miscarriage of justice. This is because the punishment advocated by early jurists was rooted in the cause or rationale of the impossibility of double paternity. The article concludes that Islamic law highly discourages paternity denial and, therefore, recommends that resorting to imprecation/li’ān is the preferred opinion when one of the twins is denied.
CONCEPT AND MODES OF ACQUISITION OF NON-VALUABLE PROPERTY IN ISLAMIC LAW OF INHERITANCE
The discussion of non-valuable property in Islamic law cannot be over-emphasised since acquisition of property must be based on lawfulness and unlawfulness of such property. It is on the basis of this, that this paper aimed at assessing the concept and modes of acquisition of non- valuable property in Islamic law with the objectives of identifying the non-valuable property, examining the concept of non-valuable property in Islamic law and appraised the legality of acquisition of non-valuable property by Muslims. The paper adopts the doctrinal method of legal research. The doctrinal method comprises in-depth content analysis of primary and secondary sources of legal information. The primary sources include the Qur’an and Hadith while the secondary sources include textbooks, journals, newspaper reports and internet materials. The paper traces the background implementation of Islamic law principles on the modes of acquisition of non-valuable property and its consequences on the person who acquired it and the society in general. It discloses that non-valuable property is not property in Islamic Law. It concludes that only lawful and valuable property is suitable to be acquired by Muslims in all circumstances. The paper recommends that Muslims should be steadfast in distinguishing between valuable and non- valuable property in Islamic Law as only valuable property in their estate can be inherited by their heirs.
COMPARATIVE APPRAISAL OF OFFENCE CLASSIFICATIONS AND STANDARD OF PROOF UNDER NIGERIAN CRIMINAL LAW AND SHARI’AH JURISPRUDENCE
Involvement in crimes has become universal phenomenon. The need to have legal instruments for deterring people from crimes becomes a necessity. The law thus continues to play its role of social control vide criminal justice administration. The familiar legal regime of crime control in Nigeria is the Nigerian criminal law. However, there is little exposition to the Shari’ah criminal jurisprudence since very few States have taste of it. Most legal practitioners versed in the law, practices and procedures of Nigerian criminal law usually mixed up them up with that Shari’ah criminal law and procedures. To address this problem, this paper discusses the topical issues of classification of offences and the standard required for proof of crimes in criminal cases by comparative appraisal of the Nigerian criminal law and Shari’ah criminal procedures. Vide reliance on the legal research doctrinal method, this paper comparatively appraises the classification of offences and the standard required for proof of crimes in criminal cases under the Nigerian criminal law as well as Shari’ah criminal jurisprudence. The paper thus orchestrates the areas of similarities and dissimilarities between the Nigerian criminal law and Shari’ah criminal procedures with respect to the areas of offence classification and the standard required for proof of crimes in criminal cases. This paper recommends shifting of interest to Shari’ah criminal jurisprudence for mastery of the legal system.
STRENGTHENING CROSS-BORDER LEGAL FRAMEWORKS: COLLABORATIVE APPROACHES TO ENHANCING SECURITY AND ADDRESSING HUMANITARIAN CHALLENGES IN NORTH-EAST NIGERIA
The North-East region of Nigeria has been plagued by persistent security threats, including insurgency, terrorism, and cross-border criminal activities, which have exacerbated humanitarian crises and undermined regional stability. This paper examines the critical need for enhanced cross-border legal frameworks to effectively address these challenges. By analyzing existing legal and regulatory mechanisms within Nigeria and its neighboring countries, the paper fund significant gaps and proposes strategies for fostering international collaboration. The paper explores the role of legal frameworks in facilitating joint security operations, improving intelligence sharing, and ensuring the protection of human rights in conflict zones. It highlights successful case studies of cross-border legal cooperation in other regions and applies these lessons to the North-East Nigerian context. Furthermore, the paper addresses the humanitarian impact of security issues, including displacement, access to healthcare, and the protection of vulnerable populations. In-terms of methodology this paper adopts a doctrinal approach. The paper recommends for a multi-faceted approach that includes harmonizing legal standards, establishing robust mechanisms for cross-border coordination, and promoting joint research initiatives. By proposing actionable policy recommendations, the paper aims to provide a comprehensive framework for enhancing security and humanitarian response efforts in the North-East of Nigeria through strengthened international legal collaboration. This analysis contributes to the broader discourse on improving regional security and humanitarian outcomes, emphasizing the importance of united research efforts and collaborative legal strategies in addressing complex cross-border challenges.
AN APPRAISAL OF THE LOCAL CONTENT REQUIREMENT IN THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY
The Nigerian Electricity Sector is an emerging area of law. This is not necessarily because this area of law is novel but because of the increased attention given to this area by the Government through increased legislation and regulations. The new Regulations, reminiscent of the Federal Government’s intentions to privatise the sector have started edging towards such regulations as embedded and captive energy. As a result of the tilt towards privatisation, there is also the need for Regulations to promote local content in Nigeria’s Electricity Sector. It is the aim of this paper to appraise the legal framework for the human capital development in the Nigerian Electricity Supply Industry. In so doing, this paper will make use of the doctrinal approach. This Paper makes use of Sources of Laws (that is, legislations and case laws) as well as Secondary Sources of Laws (that is Articles and Presentations). The article recommends that beyond the enacting local content in the Nigerian Electricity Supply, there should be enforcement and supervision of the licensees by the Nigerian Electricity Regulatory Commission (NERC).
ADMISSIBILITY OF DNA AS A PROOF OF PATERNITY UNDER ISLAMIC LAW AND NIGERIAN LAW
This paper examined admissibility of DNA as a proof of paternity under Islamic law and Nigerian law. In order to achieve the aim and objectives of this research, the meaning of paternity, DNA and its nature were briefly discussed. The paper adopted a doctrinal method of research by conducting an in-depth analysis of primary and secondary sources of legal research. It specifically analysed some provisions of Nigeria Child’s Rights Act, 2003 and Child’s Rights Law of Lagos State of Nigeria, 2015 relating to the topic. The paper discussed the role of DNA testing in paternity determination and challenges that surround its use. It also examined various arguments advanced by scholars and legal experts to support or oppose the use of DNA testing for paternity verification. The paper found that DNA is a proof of paternity under Nigerian law. The writer’s major finding is that DNA is not sufficient or conclusive legal proof to establish paternity of a child in Islamic law, rather, it can only be supplementary evidence which must be corroborated by other proofs. The paper recommended that Islamic scholars, jurists and religious authorities should engage in continuous dialogue and debates on the topic in the light of advancement in technology and changing social norms.
ADDRESSING VICTIM'S IDENTIFICATION IN AHMAD ALFAQI AL MAHDI REPARATIONS ORDER: LESSONS FROM INTERNATIONAL CRIMINAL COURT
Abstract The trial, convictions and sentences of Ahmad Alfaqi Al Mahdi by International Criminal Court (ICC) on lone offence of destructions of mosque in Timbuktu Mali, in 2012 generated a novel and evolving criminal jurisprudence on the protection of cultural properties. The paper revealed that this marked the first time war crime of this nature constitutes principal issue against a perpetrator before the ICC. It was further revealed that this was the first time an Islamist armed group faced war crime charges before the Court. The plea of guilt by Ahmad Mahdi on August 22, 2016 along with the consequential nine years sentences snowballed into a good signal for efficient, expeditious and timeous prosecution of war crimes. The paper argued that the reparations order awarded in favour of Mali as a Nation, the World Community, Timbktu Community, and several individuals of close affinity with the protected sacred buildings as well as the symbolic Euro awards remained notable improvements in the reparation’s regime of ICC. Advancing on the above arguments. The paper adopts doctrinal research method in its analysis by identifying victims who are entitled to reparations in the war crime of destruction of cultural heritage artefacts known to be new and worrisome in international criminal law jurisprudence. The paper concludes with recommendations that the omissions of unborn generations and discriminatory practices against female gender in Mali have adverse effects on the growth of ICL reparations processes. Ultimately, the paper made recommendations that would enhance the reparations regime of the ICC in respect of crimes of attacks on global historic and cultural vestiges.
ACHIEVING GLOBAL SUSTAINABLE ECONOMIC DEVELOPMENT THROUGH MUDARABAH PRODUCTS OF ISLAMIC BANKING AND FINANCE INSTITUTIONS
The best way to acquire wealth and strive for material improvement is through Mudarabah products as one of the Islamic lawful business means. This paper aims to observe the development of Mudarabah products, contract and practice under the Islamic banking institutions. It focuses to re-direct the man’s attention towards useful ethical principles of Shariah on business transactions. The paper stresses that Mudarabah products of Islamic banking institutions is a financial intermediate that brings together the providers of capital with the users of the capital in accordance with the principles of Islamic law. Islamic banks are very unique therefore, their activities are regulated by concepts of Shariah. It further explains the system used by Islamic banks in generating liquidity which they use to perform their investment processes through Mudarabah contract which is a profit sharing and loss bearing contract. The paper presents literature on Mudarabah as the products of Islamic banking and finance institutions. The study contributes in uphold integrity among the rabul maal and amil in order to strengthen Mudarabah contract of Islamic banks. The study discovers that with Mudarabah contract, Islamic banks are able to provide necessary financing to support building successful individual and corporate customers, which are the engine of growth and development in many developing and developed countries. It is also sacrifice needed to reduce poverty, restore normalcy in the society and prepare the people for the challenges ahead.
Copyright (c) 2024 Islamic University in Uganda Journal of Comparative Law
DERIVATIVES OF MODERN REPRODUCTIVE TECHNOLOGY AND THE SHARIAH: SYNTHESIS OR ANTITHESIS
Shariah (Islamic law) is a living law. Although its tenets and rules have for long been established and perfected, its applicability to realities of modern times in all spheres of human endeavor is not in contest. One of these vast modern areas is the complexity attached to the technology of human reproductive system where a man or woman remains infertile after lawful marriage. In a bid to proffer cure for such infertility, which is plaguing a number of couples, medics have discovered and introduced a manifold of devices such as artificial insemination, surrogacy and gamete intra fallopian transfer (GIFT) among others. A convenient phrase which is constitutive of all these methods is Assisted Reproductive Technology (ART). The paper examines the position of Islam on the permissibility or otherwise of each of the new reproductive technologies. The inherent benefit in this is to afford a practicing Muslim, bedeviled by the problem of infertility, an opportunity to identify the particular one(s) to opt for in the list of the ART methods.
Copyright (c) 2022 Islamic University in Uganda Journal of Comparative Law