Right to equality and justice under international Islamic instruments and the Shari'ah: An evaluation

One of the problems confronting humanity today is the violation of peoples’ right to equality and justice. Inequality and injustice appear to be the order of the day in many countries of the world. It is not limited to underdeveloped or developing nations. Developed nations also have their share. However, much talk on violation the right to equality and justice appears to be focused on Muslim countries. Yet, the Shari‛ah provides for lofty principles of justice and equality. Also, international Islamic instruments emphasise on the peoples’ right to equality and justice. As a result, many people in these countries clamour for their rights to be treated equally, fairly and justly. These terms are though often misused. This paper therefore analyses the right to equality and justice from perspectives of international Islamic instruments and the Shari‛ah. It finds that the Shari‛ah provides for many ways to promote the peoples’ right to equality and justice. In doing this, verses of the Qur’an, Sunnah of the Prophet (s.a.w.) and opinions of Muslim scholars are used to enrich the legal analysis

Internal affairs of political parties and judicial review : an expository study of the experience in Nigeria and Malaysia

Democracy with calls for constitutionalism has gained more recognition in many parts of the world. Given the general functions of judiciary as one of check and balance mechanisms in democracy most people and government have developed the interest in the judiciary and judicial process. Despite this, the benchmark of academic discourse seems to argue that courts are or should avoid dabbling into internal affairs of the political parties. This article therefore makes an analytical exposition into the attitude of the courts in Nigeria and Malaysia to matters having to do with internal affairs of political parties. The objective is to improve the quality of courts’ decisions and aid law reform in this area of law. It therefore hypothesizes that interference into legal aspects of the affairs of political parties by the court promotes party discipline, democratic principles and reduces injustices across party politics. For the purpose of the analysis, various constitutional provisions and courts decisions from the countries under review are examined

The role of Sulh in cross-cultural disputes resolution and referrals to ICJ and ICA: An evaluation

The world has become a global village. This makes social interactions inevitable where people of different cultures and religions meet. Disputes in the course of such interactions become unavoidable. This is mainly as a result of cultural conflicts. Despites this, many nations do not put in place effective measures for resolving conflicts across cultures. Rather, some countries put in place legal measures to undermine and suppress the important aspects of other peoples’ cultural values in their domain. Based on this, the paper analyses the role of Sulh being an Islamic dispute settlement mechanism in the resolution of cross-cultural disputes. In doing this, it analyses burning issues of cross-cultural conflicts that have generated disputes in many countries of the world. From there, it analyses how Sulh can help resolve the world’s cross-cultural disputes. It also examines whether Muslims’ referrals of cross-cultural disputes matters to the present international dispute settlements mechanisms i.e. International Court of Justice (ICJ) and International Court of Arbitration (ICA) are in line with the Shari‛ah. The nature of the jurisdictions of ICJ and ICA are examined

The right to die via euthanasia: an expository study of the Shari‘ah and laws in selected jurisdictions

The right to die, which prominently includes euthanasia with consent, is one of the issues that have been subject of intense debate over times. It has been a pertinent issue in human rights discourse as it also affects ethical issues pertaining to doctors. The reason is because the right to life, which represents the most significant aspect of human rights, appears to be in conflict with the right to die. It is notable here that right to life does not include right to die. The paper analyses the development, types and the legal and ethical debates concerning both the types of euthanasia. From there, it makes an expository study of the concept in the Shari‘ah and in selected jurisdictions, and suggests that euthanasia should be allowed only in exceptional situations. While deciding on formulating a law prescribing these exceptional situations and enforcing the law, all aspects of euthanasia – medical, social, economic, ethical and legal – have to be taken into consideration. Law should have punitive measures for preventing misuse of the law. Key words: Right to die, Euthanasia, Right to life, Life support system, Human right

Right to self-determination, democracy and the Shari'ah: an expository study

Abstract:The self-determination right, which is a so-calledthird generation right, and which gained prominence in international law as jus cogensand ergaomnes- as it has been recognized by a large number of international legal instruments and a good number of courts - was broadly used for decolonization and establishment of a number of sovereign states. In the contemporary world also,it is of great importance for establishing and working of democratic regimes and guaranteeingthe practice of constitutionalism. But this right cannot be invoked to support secessionist movements, except for genuine cases like Palestine and Kashmir. The Shari‘ah principles pertaining to establishment and governance of states based on a constitution made in line with it, i.e. the sovereignty has to be with Allah (s.w.t.), citizens, including non-Muslim citizens, will command various rights and duties, as determined in light of the Qur’an and Sunnah and commanded from time to time by the Khalifa in conformity with them, and there has to be a participatory democracy based on the concept of a Khalifa and a Majlis al-Mushawarah. According to Islam, a regime must uphold the law of Allah (s.w.t.) and must work for the interest of general public (maslahahmursalah). On the contrary, it will not have right to remain in poweragainst the will of Allah. If the government is arbitrary, working against the Islamic tenets, or obliterating the interests of its people,people have the right to revolt against the regime and establish a government of their own choice. In fact, the basic principles pertaining to the right of selfdetermination in international law and the Shari‘ah are co-extensive. But its modus oparendi may differ under the two paradigms. It is for this reason that a democratic set up in Muslim states may be different from that of their Western counterparts. Key words: Right to self-determination, democracy, the Shari‘a

Sustaining development through socio-economic rights : prospect and challenges in selected African countries

One of the most nagging problems in Africa today in general and countries under review in particular is the struggle for sustainable development. The paper discusses this aspect and contends that sustainable development in the countries under review is achievable through adequate protection of socio-economic rights. There are, however, prospects and some challenges for sustaining development through the instrumentality of socioeconomic rights. The paper makes an analytical exposition of these challenges and hypothesizes that if these challenges are surmounted, the countries will experience sustainable development through adequate protection of socio-economic rights