An Expository Study of Islamic Environment Law

Islam as a complete way of life has provided for the concept of protection of the environment over 1400 years before the world became increasingly concerned about the safety of the world we live in. the Islamic concept of environmental law is predicated mainly on the concept of the duty of the human being to ensure that he causes no harm to others and others don’t cause harm to them. The sharia principle does not end on only the individual safeguarding and ensuring that he causes no harm to the environment but extends to positive acts that will make the environment even safer than it was met. Upholding the concept of environmental protection under Islamic law is exceedingly important in the present generation in view of the fact that over two billion people of the world are Muslims hence greatly important in preserving and protecting the environment. The principle of environmental protection is likely to enjoy greater respect on the part of Muslims because the laws are that of the creator and the lord of mankind as taught by the messenger that was sent as mercy to mankind. The use of admonishment in enlightening people on the importance of protecting the environment needs not be over emphasized. The paper will therefore discuss the concept of environmental law under Islamic law. The advantage Islamic concept of environment law has over conventional laws in terms of observance by the believers will equally be visited, the role of admonishment in environmental protection and suggestions on how best this Islamic principles will be used for the good of all. Keywords: Islam, environment, pollution, admonishment

Constitutionalism, Democracy and National Development in Nigeria

The Constitution of the Federal Republic of Nigeria, 1999 states that the Constitution is supreme and a government can only legitimately come to power in the Federal Republic of Nigeria through democratic means. Democracy which is the popular mandate of the people is therefore the only legitimate means of governance in Nigeria. Unfortunately, the democratic governments in Nigeria just like their military counterparts have failed to deliver the dividends of democracy to the electorates. The common man in Nigeria expects national development, the respect for the rule of law and fundamental rights as enshrined in the Constitution. The question is what is really the cause of the inability of the government to meet up to the aspirations of its people? Corruption and bad governance cannot be ruled out as part of the problem. This paper therefore intends to examine national development in Nigeria in the light of constitutionalism and national development

Child’s right to life in the light of the objectives of Islamic Law (Maqasid al-Shari’ah)

Right to Life is one of the Fundamental Rights that is guaranteed to all including children. This right is recognized by all legal systems in the world nationally and internationally. Many scholarly writings also pronounced the value of children’s rights in many perspectives. Currently, Children’s right to life is simply violated by some in order to preserve their own personal interest. Islamic law (the Shari’ah) regards that right to life is one of the most essential values that deserves protection, the neglect of which will result to destruction and disorder in the society. Therefore, under Islamic law, protection of child’s right to life becomes one of the most important objectives of the Shari’ah. This paper seeks to research the underlying principle behind protection of life in Islam in particular child’s right to life. The research focuses on examining the Child’s right to life in the light of the objectives of Islamic law (Maqasid al-Shari’ah). Discussion includes examination on means and ways of protection that guarantee protection of child’s right to life in Islam. The research will mainly employ library research. Primary references will be the Quran and the Sunnah of the Prophet (pbuh) as they serve as primary sources of Islamic law. Other references will include primary and contemporary works and writings of Muslim scholars on protection of children’s rights to life in Islam. It is hoped that the findings of this research will provide additional resources on protection of children’s rights beneficial to all legal practitioners, academics, students, researchers and public at large

An overview of the protection of children rights under Islamic law

Islamic law outlines a comprehensive of children’s rights that deserve protection. These are related toin many sources of Islamic law (the Shari’ah) which include the Quran, the Sunnah, Secondary Sources e.g., ‘urf and juristic discourse. Such rights include the right to lineage (nasab), right to care and custody, the right to maintenance, the right to the good name, the right to love and affection and so forth. Children’s rights are also protected based on the general aim of the Shari’ah: (maqasid al-Shari’ah) i.e., securing benefit to all mankind and protect them from any harm. As protection of children’s rights are vital but violated by many nowadays, this paper seeks to study on the protection of children’s rights under Islamic law. It aims at providing a critical overview of overall principles for the protection of children’s rights in Islam based on the Qur’an and Sunnah of the Prophet (PBUH). It is hoped that this research will provide a basic understanding on children rights in Islam that require attention and safeguards from all

Female circumcision or female genital mutilation? An Islamic viewpoint

The practice of female circumcision pre-dates Islam. The Jews and the Coptic Christians in Egypt are known for this practice. The basis for female circumcision is basically the Sunnah of the Prophet pbuh, the tradition from the compilation of Abu Dawood. The Muslim scholars that see no wrong in female circumcision themselves approve of the practice when it is done in such a manner that does not cause harm or danger to the female child. This also reflects that female circumcision in Islamic perspective is totally different from female genital mutilation as practiced in certain cultures. Under no circumstance is a person allowed to cause harm to another under Islamic law, hence the practice of female genital mutilation that causes harm to a female child is haram and does not have any backing from the Qur’an, hadith, Ijma and other sources of Islamic law. This paper wishes to examine female circumcision and female genital mutilation in Islam as to whether it is part of a religious act or merely cultural practice. This paper intends to expose the position of Islamic law on female circumcision in line with the fact that such practice has a far-reaching negative effect on the physical and psychological wellbeing of the female child. It equally intends to table the views of Muslim scholars on the practice. Finally, the paper will examine the practice of female circumcision in Malaysia. It is believed that the findings will be beneficial to all researchers, students, legal fraternity, and the public as a whole

The practice of female circumcision or female genital mutilation in Islam

The practice of female circumcision pre-dates Islam. The Jews and the Coptic Christians in Egypt are known for this practice. The basis for female circumcision is basically the Sunnah of the Prophet pbuh, the tradition from compilation of Abu Dawood. The Muslim scholars that see no wrong in female circumcision themselves approve of the practice when it is done in such a manner that does not cause harm or danger to the female child. This is also reflects that female circumcision in Islamic perspective is totally different with female genital mutilation as practiced in certain cultures. Under no circumstance is a person allowed to cause harm to another under Islamic law, hence the practice of female genital mutilation that causes harm to female child is haram and does not have any backing from the Qur’an, hadith, Ijma and other sources of Islamic law. This paper wishes to examine female circumcision and female genital mutilation in Islam as to whether it is part of religious act or a mere cultural practise. This paper intends to expose the position of Islamic law on female circumcision in line with the fact that such practice has a far reaching negative effect on the physical and psychological wellbeing of the female child. It equally intends to table the views of muslim scholars on the practice. Finally, the paper will examine the practice of female circumcision in Malaysia. Doctrinal methodology was used in the work. The work finds that the pratice of female genital mutilation mostly practiced in Nigeria is contrary to Islamic Principles. There is therefore the need for the Muslims to stand against the practice

Crime of baby dumping: a review of Islamic, Malaysian and Nigerian laws

Islam prohibits all acts that endanger the life of a child or exposes children to abuse including dumping of babies. Those acts are crimes punishable under the law. In a similar vein, internationally, baby dumping and all acts that expose children to danger are prohibited under the United Nation’s Convention on the Rights of the Child 1989 (CRC). Malaysia and Nigeria, like most nations of the world, are signatories to most international legal frameworks on child protection including the CRC. In Malaysia and Nigeria, baby dumping is an alarming phenomenon. Many babies suffer or even die as a result of the act of baby dumping. This article intends to examine the laws relating to the protection of babies from dumping in Malaysia and Nigeria. Discussions will include the position of baby dumping in Islam to serve as a comparison. Examination will extend to analysis on whether the laws in Malaysia and Nigeria are adequate to address the problem of baby dumping and to fully protect children from baby dumping. The study is basically a library based research where reference is made to books and articles. A comparative legal research methodology is employed in looking at the positions in Islam, Malaysia and Nigeria. It is hoped that the findings on child protection laws, particularly those related to baby dumping in the Islamic, Malaysian and Nigerian laws, will provide better protection for babies and prevent them from being dumped

A comparism of child's right to education under islamic law and the convention on the rights of the child

Education is the best gift a society can give to its young ones. The importance of knowledge as the back born for development needs not be over emphasized. Where a society is educational backward, such a society is undoubtedly left behind and its future development in all spheres is threatened. Since children are the leaders of tomorrow, impacting education on children will therefore be a very important tool for measuring whether such a society is likely to prosper. This is because where children are not trained and given the necessary education; they will turn against the society and become a problem for the people. It is therefore in the interest of the society to ensure that its future leaders are trained and given all the support and encouragement so that they will be part of the train of success and prosperity for their society. In appreciation of this fact, Islamic law and the CRC guaranteed every child the right to education and stated that every child must be given the required education for him to reach adulthood as a responsible person that will be part and parcel of the development of his society. The paper therefore intends to examine the position of child’s right to education under Islamic law and the CRC in view of the fact that education is viewed as the greatest asset parents or the society can give to its future leaders

EXPLODING THE ROLE OF RELIGIOUS INSTITUTIONS IN COMBATING CHILD TRAFFICKING IN NIGERIA

<p>Human trafficking is a global challenge especially in the 21stCentury. Nigeria like most developing countries is doing its best in addressing the menace of child trafficking. In view of the fact that religious institutions are highly respected in Nigeria, this paper intends to adopt a doctrinal methodology in examining the menace of child trafficking in Nigeria, by using the perspective of Islam and Christianity. Moreover, also seeing the role that can be played by the Supreme Council of Islamic Affairs and the Christian Association of Nigeria in the crusade against child trafficking in Nigeria</p><p> </p><p>Perdagangan manusia merupakan sebuah tantangan global pada abad ke-21. Sebagaimana negara berkembang pada umumnya, Nigeria melakukan upaya yang terbaik guna menangani ancaman perdagangan anak. Mengingat bahwa institusi keagamaan sangat dihormati di Nigeria, artikel ini bermaksud untuk mengadopsi metodologi doktrin dalam mengkaji ancaman perdagangan anak di Nigeria, melalui perspektif agama Islam dan agama Kristen perihal perdagangan anak. Selain itu, juga melihat peran yang dipegang oleh Dewan Tinggi Urusan Islam dan Asosiasi Umat Kristen Nigeria dalam perjuangan melawan perdagangan anak di Nigeria.</p

Parental child abduction in Malaysia and Nigeria: an overview

Abduction often involves the parents of the child. After a marriage is dissolved most parents will want to have custody of the children. The party that is unable to lawfully obtain custody of children sometimes resort to abduction. Abduction of children is an issue that raises concern due to its effect on the child. Abducted children are sometimes even taken outside the country of abduction to another country by the non-custodian parent in order to prevent tracing and punishment. These attributes of abduction have a far reaching negative consequence on the child. The sudden separation of the child with his environment and the attempt to hide the child negatively affects the child physically and psychologically. Though there is no specific provision on parental abduction, the Malaysian and Nigerian laws prohibit child abduction generally and prescribe punishment for the crime. The paper examines the position of parental child abduction under the Malaysian and Nigerian laws and the approach of the courts in dealing with the matter. The paper also briefly discusses the position of child abduction under Islamic law and suggests ways through which much protection will be provided to children against parental child abduction. Doctrinal methodology is used in the paper in arriving at the findings of the work