Research Papers
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Item Distribution of Estate in Islamic Law: A Case Study of Missing Person, Child in the Womb and Hermaphrodite(Journal of Islamic Studies and Culture, 2020-06-01) Manswab, AbdulrahmanThe law of inheritance is associated with calculation and distribution of property of the deceased person. Furthermore, the law prescribes and clarifies who is entitled to inherit; to avoid feuds over the estate of the deceased person. The primary objective of this study is to explore steps of estate distribution and calculating shares of heirs on issues pertaining cases of Mafqud (Missing person), Hamli (Child in the womb) and Hermaphrodite (Khuntha). The science of inheritance involves rules and principle governing the distribution of property using a specific calculation based on Islamic jurisprudence. Besides, the results showed that Muslim Jurists have developed Mathematical formulas on Islamic inheritance to avoid misappropriation of property and guarantees that the right person gets what is rightfully theirs, it also prevents disputes and hostility among family members. The researcher uses the descriptive research method in terms of data collection and relied on information for the literature review.Item Fundamentals of Valid Marriage in Islamic Law: An Evaluation of Muslim Practices in Nigeria(Journal of Islamic Law Review,, 2018-12-01) Manswab, Abdulrahman; Abdullahi, Saliu IsholaIt is a well-known fact that, Islamic Law (Shari‘ah) is a complete code of life, which regulates every facet of human endeavors. This is more so with regards to the principles laid down under it to regulate the life of a Muslim family. Thus, for a marriage to be valid under the Shari‘ah, certain requirements must be met. These requirements, though very sacrosanct, are not in any way rigid or burdensome. However, the new trend is that a lot of changes have been introduced in this 21st century to frustrate these requirements, culminating in flagrant abuse of them in various modes. This paper critically appraises the legal requirements of a valid marriage under the Shari‘ah in comparison with the marriage practices among the Muslims in Nigeria. A special attention is given the pre-marriage steps laid down under the Shari‘ah vis-à-vis the popular practice of pre-marriage courtship in the Western world practice has also been embraced by Muslims in the country. The newly introduced and well pronounced celebration of marriage with highly expensive ceremonies as a requirement of marriage among the Nigerian Muslims is equally assessed on the scale of Islamic Law. This study adopts the doctrinal research methodology and jurisprudentially combs all the relevant materials, textually and contextually.