Islamic law practice and procedure in Nigerian courts / Adamu Abubakar Esq.

Format:

Book

Author/Creator:

Abubakar, Adamu, author.

Series:

Malthouse law books

Malthouse Law Books

Language:

English

Subjects (All):

Islamic law--Nigeria.

Islamic law.

Procedure (Islamic law)--Nigeria.

Procedure (Islamic law).

Nigeria.

Physical Description:

xxviii, 202 pages ; 22 cm.

Edition:

Revised second edition.

Place of Publication:

Surulere, Lagos, Lagos State : Malthouse Press Limited, [2017]

Summary:

"Islamic Law Practice and Procedure in Nigerian Courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before Area Courts, Sharia Courts, Upper Area Courts, Upper Sharia Courts, Sharia Courts of Appeal, Court of Appeal and indeed Supreme Court of Nigeria in mattrs [sic] concerning application of Islamic law and practice."--Back cover.

Contents:

Machine generated contents note: ch. 1 Rules of Procedure

pt. I Introduction

Procedure

Evidence

Application of Islamic Laws

Right to Courts

Claim

pt. II Constituents of Claim -

Commencement of Civil and Criminal Claims

Competence of parties

Claim by non-Muslims in Sharia Court

pt. III Sources of the rules of procedures

ch. 2 Judicial Positions and Powers

pt. I The Judge

Appointment of Judges

The Duties of a Judge

Office of a Judge

Ethics of a Judicial Officer in Islam

pt. II Appearance of Litigants in Court

pt. III Jurisdiciton and Powers

The Imam

The Litigants

The Subject Matter

Jurisdiction of Area and Sharia Courts

Upper Area Court

Jurisdiction of the Sharia Courts of Appeal

Jurisdiction of the Court of Appeal

Territorial Jurisdiction of Sharia Courts

The Supervisory Power

ch. 3 Processes of the Court

pt. I Presence of Defendant in Court

Service of Process

Payment of Service Fee

The concept of substituted Service

pt. II Judgment in default

pt. III Adjournment of Court Sittings

Adjournements

Exception to the General Rule

Adjournment sought for by judgment debtor

Adjournment regarding immoveable properties

ch. 4 Settlement Out of Court

Grounds for Settlement

Conciliation

Reference to Arbitration

pt. II Representation

"Wakil" Agent

Legal Practitioner

Representation by Wakil

pt. III Guarantee

Terms of Guarantee

pt. IV Contempt of Court

Contempt Facie Curiae

Punishing the Contempnor

pt. V Custody of a minor

pt. VI Maintenance of wife

pt. VII Absentee Husband

ch. 5 Statement of Claim

pt. I Oral Presentation of Claim

Written Statement of Claim

Claim of Large sum of Money

Right of Defendant to reply to written statement

pt. II Ingredients of complaint

Claim to be specific, definite and clear

Adducing Reasons for Claims

Judicial Reasons for Detail Explanation

Interrogation of the Plaintiff

Defendant's Reply

pt. III Distinguishing Between Plaintiff and Defendant

pt. IV Criminal Complaint

ch. 6 Trial Procedure

pt. I Burden of Proof under Islamic law

Plaintiff not being a witness

pt. II Plaintiffs Witnesses

Grounds for impeachment of a witness

Evidence as to Character

Decision on credibility of witnesses

Admission of Documents in Evidence

pt. III Defence by the Defendant

ch. 7 Conflicting Claims of Title

pt. I Conflicting Claims

pt. II Conflicting Claims How Proved

pt. III Accessment of the weight of Evidence in Conflicting Claim

ch. 8 Admission/Confession "Iqrar"

pt. II Confession of civil liability

Testimony on confession

pt. III Confession of guilt in criminal cases

Essential conditions for admission of confession

Condition necessary for plea of duress

Consequences of confession under duress

pt. IV Essentials of Admission

Withdrawal of Admission

ch. 9 Evidence

pt. I Testimony or Evidence

pt. II Judicial proof under Sharia

Testimony or Evidence

Two male witnesses

Two male or one male and two female witnesses

Two Female witnesses

Expert opinion

Children evidence

Oath

ch. 10 Characteristics of Judicial Proof

pt. I Direct and Complete Evidence

pt. II Direct and incomplete Evidence with Oath

One Witness with Complimentary Oath as Proof

Custom with Complimentary Oath as Proof

Surrounding Circumstances with Oath as Proof

pt. III Insufficient Evidence and its Consequences

pt. IV Incomplete Evidence

Injunction

pt. V Incomplate and Imprecise Evidence

Disagreement of Witnesses in their Testimony

pt. VI Unreliable Evidence

pt. VII Retraction of Evidence

pt. VIII Circumstantial Evidence

ch. 11 The Witnesses

pt. I Competence of witnesses

Qualities of a witness

pt. II Evidence of Non-Muslims

pt. III The Blind & the Dumb

The Dumb

pt. IV Tainted Witness

Near Relations and Close Associates

pt. V Mubarriz Proven intergrity

pt. VI Tazkiyya - Purgation of Witness

Uncertainty of the credibility of a witness

Credibility of a witness how established

pt. VII Compellability of Witnesses

ch. 12 Documentary Evidence

pt. II Three Effects of Evidence on writing

pt. III I Current Positions of Documentary Evidence

Affidavit Evidence

ch. 13 Hearsay Evidence

pt. II I Acceptable Hearsay Evidence

Pregnancy

Marriage

Breast Feeding

Menstrual Period

Inheritance

Birth

Islam

Apostasy

Impeachment of a witness

Credibility of a Witness

Guardianship

Maturity/Stupidity

Will

Prescription

Endowment

Removal of a Judge

Appointment of Judge

Cheating and Cruelty between spouses

Emancipation

Bankruptcy

Purgation of witness

pt. III Condition Precedent to the admissibility of Hearsay Evidence

ch. 14 Oath

pt. II Types of Oath

Features of Oath

Oath of Non-Muslim in a Dispute with a Muslim

pt. II Reversion of Oath

Refusal to subscribe to oath

Claims of Gift or Sadaka

Claim of Definite Nature

pt. III Claimants on whom Oath could be administered;

ch. 15 Prescription and Entitlement

pt. I Prescription

Definition

Period of Hauzi'in case of non-Blood relation

Period of Hauzi'in case of Blood relation

Exception available to Blood relation

General exception

Pledge

Gift

Purchase

Exception to the rule of Hauzi

Prescription on moveables

pt. II "Istihqaq" Claim of Entitlement

Proof Required from the Complainant and the Defendant

When Oath (Yaminul Istihqaq) is necessary

The procedure where property is in possession of a third party

The procedure where the claim is of measurable items

The procedure where the claim is of valuables

The procedure where the claim is of divisible property

The Procedure where the claim is a small-sized property

Recovery of Damages arising out of Istihqaq

Proof of Ownership of Deceased's property

ch. 16 Partition of Hereditament

pt. II The process of Distribution of estate immoveable and moveable

Distribution by Ballo

Distribution by Consensus

Distribution by consent and approval

ch. 17 "Izar" Pre Judgment Plea

Introduction -

ch. 18 Judgment

Meaning of judgment

pt. I Importance of Evidence to Judgment

Judgment to be after Hearing Parties

pt. II Estoppel Per Res Judication

Whether a judge can reverse his judgment

Review of judgment by another court

pt. III Execution and Enforcement of Judgment

Execution of criminal sentence

pt. IV Stay of Execution

Powers of the Court

Conditions for Grant of Stay

Principle governing grant or refusal of stay of execution

Conditions for grant of stay under Islamic law

pt. V Recovery of Debts (Bankruptcy proceedings)

Garnishee Proceeding

ch. 19 Appeal

Review of Judgment by jurists

Powers of appellate courts on Sharia appeals

pt. II Appellate jurisdiction

pt. III Upper Area and Sharia Courts

Hearing of appeal

pt. IV Sharia Court of Appeal

Commencement of appeal in the Sharia

pt. V Enlargement of Time

Non-Appearance of Parties

pt. VI Hearing.

Notes:

Includes bibliographical references (page 195) and index.

ISBN:

9789789584444

978958444X

OCLC:

992553751

Publisher Number:

99989206927