University of Maiduguri Research Compendium (Faculty of Law) Dr Magaji Chiroma, SP No. 5689, LL.B and Sharia, LL.M, PhD (Laws), B.L 1) Research Title Civilian Protection in Armed Conflicts under International and Islamic Humanitarian Laws Researchers Name(s) (lead researcher first) Magaji Chiroma Researchers Address(es) Department of Shariah, Faculty of Law University of Maiduguri Correspondence address (Tel.No., Email, Physical) Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of Maiduguri, PMB 1069, Borno State Nigeria, [email protected], [email protected], [email protected], +2348032826358, +2347088581759 Publication status (published/unpublished) Unpublished Year of publication Unpublished Source of Funding Self- funded Abstract International and Islamic Humanitarian laws are two legal regimes which play a vital role in providing legal backings and frameworks for the protection of civilian persons and objects; especially in situation of armed conflicts where warfare, civil strife, cruelty, killings and degrading treatment of civilians and destruction of their properties are most likely. The most controversial and challenging issue bedevilling the civilian protection in recent times is the violent and indiscriminate attacks against their persons and objects through suicidal methods of attack. The basic principles governing the conduct of hostilities under International humanitarian law are laid down largely in the Geneva Conventions and the Additional Protocols. According to these principles, belligerents must distinguish between civilians and combatants and between civilian objects and military objectives. In addition, belligerents should also desist from making civilian population or individual civilians object of their attacks. The protection provided for by these Protocols extends to all civilians but with the popular proviso: ‘unless and for such time as they take a direct part in hostilities’. Similarly, the same principles are also laid down under the Islamic humanitarian law as contained in the Qur’an and Sunnah of the Prophet (pbuh). This work therefore attempts to explore the similarity and dissimilarity between International humanitarian and Islamic laws in respect of the general and specific principles governing the protection of civilian persons and objects. In the end, it is the humble belief of the author that the work would be of beneficial to students, teachers, policy makers, NGOs and International organizations, especially in determination to find a lasting solution to incessant civilian casualties during conflicts.
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University of Maiduguri Research Compendium (Faculty of Law)
Dr Magaji Chiroma, SP No. 5689, LL.B and Sharia, LL.M, PhD (Laws), B.L
1) Research Title Civilian Protection in Armed Conflicts under International and Islamic Humanitarian
Laws
Researchers Name(s)
(lead researcher first)
Magaji Chiroma
Researchers
Address(es)
Department of Shariah, Faculty of Law University of Maiduguri
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
if successfully executed, could go far in tackling the religious controversies,
extremism and terrorism in the country.
Research/ Citation
Impacts
3) Research Title Appraisal of Islamic Law Position on the Amnesty to Boko Haram
Researchers Name(s)
(lead researcher first)
Magaji Chiroma, 1 Ibrahim Muhammad Ahmad 2, Aishatu Kyari Sandabe 3, Yusuf
Mohammad Yusuf 4
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 4 Department of Private Law, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
4) Research Title Juxtaposing Husband’s Right to Sex with Marital Rape: The Islamic Law Perspective
Researchers Name(s)
(lead researcher first)
Magaji Chiroma 1,, Yusuf Mohammad Yusuf2, Goni Usman3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Private Law, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
6) Research Title Revisiting the Role of a Muftī in the Criminal Justice System in Africa: a Critical
Appraisal of the Apostasy Case of Mariam Yahia Ibrahim
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Hunud Abia Kadouf 2, Umar A. Oseni3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Civil Law, Faculty of Law IIUM, Malaysia 3 Department of Civil Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
statute by seeking further clarifications from a learned mufti in order to ascertain the
social and religious background of the parties involved
Research/ Citation
Impacts
Pertanika is almost 40 years old; this accumulated knowledge has resulted in
Pertanika JSSH being abstracted and indexed in SCOPUS (Elsevier), Thomson (ISI)
Web of Knowledge [BIOSIS & CAB Abstracts], EBSCO & EBSCOhost, DOAJ,
Cabell’s Directories, Google Scholar, MyAIS, ISC & Rubriq (Journal Guide).
7) Research Title Shari‘ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving
the Lost Glory of its Past
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2, Mohamad Asmadi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract As an avenue to guarantee and ensure the enjoyment of social right to live in a
private life and have a family, spouses have been permitted and encouraged by
various laws to get married to one another. The concept of marriage has been
generally understood and confined within the following meaning: “a legal union
between a male and a female with a view to becoming husband and wife.” Such
definition precludes any unionism that may occur between same-sex couples in a
manner contrary to the law and public policy. Recently, the Nigerian Government has
signed into law a bill known as “Same-Sex Marriage (Prohibition) Bill, 2011”. The
Bill prohibits a marriage between two same couples and all sort of matters connected
therewith such as forming an organization that has to do with same-sex marriage. The
prohibition has been supported by the religious teachings, people’s culture, public
policy and morals in the country. The passage of the Bill into law has attracted series
of condemnations by some of the international community and proponents of same-
sex marriage. For it is said to have been enacted contrary to the human rights law and
the Nigerian constitution. According to the proponents of same-sex marriage, the
passage of the Bill into law is an attempt to deprive some minorities of their basic
social rights such as right to live in a private life and right to have a family; freedom
to assemble peacefully; and freedom from being discriminated as contained under the
International, regional and domestic instruments. Hence according to them, the
Enactment is illegal and unconstitutional. It is against this controversy, the paper
attempts to examine the legality of the anti- gay law in Nigeria with a view to
drawing a line of demarcation between the protection and guaranteee of human
rights on one part and the right of gays to marry one another on the other part.
Research/ Citation
Impacts
9) Research Title Role of Fatwa in the Fight against Terrorism: The Relevance of the Malaysian Fatwa
Model to the anti-Boko Haram Crusade
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2, Mohamad Asmadi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract The institution of fatwā plays a vital role in the contemporary society, more
especially in a diverse society where different people and different legal regimes
exists. It can be utilized as an instrument of social, political and religious control.
Institutions of fatwā harmonize the religious perceptions, ideologies and beliefs of
people, thereby regulating their conduct of religious activities in such a manner that
can be acceptable to the Islamic tenets, public policy and contemporary
developments. In Malaysia, fatwā has been institutionalized and has been used in all
the spheres of administration and activities related to human endeavour. By
admiration, such model could be borrowed by other countries, especially those facing
security challenges, which are believed to have been emanated from the religious
extremism. The Nigerian “Boko Haram” conflict is a typical example of the religious
sectarianism, the genesis of which was rooted from the erroneous religious belief that
“western education is forbidden or unlawful”. In view of this, the paper suggests
among other things; that the Nigerian Government (including the State Governments)
in consultation with the Islamic scholars, should immediately set up a powerful
Islamic fatwā institutions, or empower the existing ones with statutory legal backing
similar to the practice in modern Muslim countries like Malaysian.
Research/ Citation
Impacts
10) Research Title Islam versus Gender Equality: The Reality about the Islamic Principle of Liddhakari
Mithlu Hazzi al- Unthayayn (Two Female Portion is Equivalent to a Male Portion,
2:1) in the Distribution of a Deceased’s Estates
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Umar Suleiman Abbo Jimeta2, Laminu Bukar3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract There is no gainsaying the fact that Muslims are permitted to get married for the
purpose of procreation and sexual satisfaction. Similarly, it is also a duty incumbent
upon Muslims to maintain their family and ensure moral upbringing of their children.
Thus, Islamic law has enjoined Muslims to marry and give birth to children who
become ambassadors of the religion and community here on earth, as well as the
pride of the parents in the life hereafter. However, it is not the sole aim of the religion
to only advocate on having a large number of children, but also to have a qualitative
Ummah (community). It is in view of this, the paper juxtaposed the two concepts,
namely: “Quality” and “Quantity” under Islamic family law, with a view to striking a
balance between the two in order to achieve the real objectives of marriage as
enshrined under Islamic family law.
Research/ Citation
Impacts
12) Research Title Chiro Pre-Marital Medical Examination is a Panacea to the High Rate of Parental Mortality
in the Society; A Reflection on its Implication towards Children Upbringing: An
Islamic Jurisprudence Perspective
Researchers Name(s)
(lead researcher first)
Magaji Chiroma,1 Laminu Bukar 2, Umar Suleiman Abbo Jimeta 3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract Procreation and establishment of happily and healthy community is among the
objectives of marriage in Islam. Establishment of a healthy family is the foundation
of having a successful and vibrant community. Obviously, health is an engine room
for survival here in the world and as well, a key leading to success in the Day
hereafter. Children are product of marriage and indeed assets to the family and the
community at large. They require so much parental care in order to become good
ambassadors of their communities. Unfortunately, in recent times, such parental care
has been taken away by high rate of parental mortality that bedevilled most of the
Muslims developing countries. Death of parents has denied children from having
access to primary care which they ought to have benefited from their parents during
their childhood. Of course, lack of a parental care and moral upbringing of a child
will certainly have a consequence and negative impact on the entire community. It is
against this backdrop that the paper examines the possibility of accommodating
modern developments into Islamic law, thereby making a reflection on the fate of
children after birth. Thus, the paper suggests among other things, that there is a need
to introduce a new Islamic rule which will mandate prospective spouses to conduct
pre-marital medical examination, rather than just leaving it discretionary among the
people.
Research/ Citation
Impacts
13) Research Title The Application of Islamic Law in Modern Muslim States: A Comparative Analysis
of the Nigerian and Malaysian Systems
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Hunud Abia Kadouf 3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Civil Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract While the voices of the universal application and implementation of Islamic
humanitarian law particularly its rules relating to conduct of hostilities are echoing
loud. The attention of International community and some individuals in the world are
drawn as to its efficacy and compatibility to International Humanitarian law in
providing a comprehensive legal frame work for the protection of the entire human
race during armed conflicts. However, it is not the sole aim of this paper to just look
at the compatibility of the two legal regimes but also to look at the possibility of
harmonizing them in case of any discrepancy with a view to having a smooth and
effective implementation of International Humanitarian law in the world and within
Muslims dominated states in particular. In view of this, the paper, while discussing
the meaning, origin, scope, sources and characteristics of both International and
Islamic Humanitarian laws, will examine the compatibility of the two legal regimes
with a view to looking at the possibility of harmonizing them
Research/ Citation
Impacts
15) Research Title International Humanitarian and Islamic laws and the Excessive Use of Force in
Armed Conflicts: an Analysis of the Civilian Displacement in Libya, 2011
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Baba Kura Alhaji2 Tijani Musa Buba3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria a 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Published in: The A38 Journal of International Law, India, 2 (2) A38JIL (2013) 164-
177
Year of publication
2013
Source of Funding
Self- funded
Abstract In an armed conflict, it is obvious that the use of force is inevitable. However, an
excessive use of force such as strafing, shelling and bombing of areas are not allowed
in suppressing armed conflict especially if its nature, location, purpose or use does
not effectively contribute to military action. In fact, such usage of force does not
always provide for a lasting solution to a problem; instead, it aggravates the situation
whereby resulting to other problems such as forced displacement of civilians. In
order to minimize if not to prevent forced displacement of civilians in our society, the
paper suggest among other things that the United Nation should create a common
ground for dissemination of international humanitarian law, international human right
law, Islamic law (especially in the Muslim world and Muslim countries through the
OIC) and other relevant international laws related to protection of civilians during
armed conflict. This could be done through the recognized humanitarian and
religious organizations; or by organizing periodic seminars and workshops to various
governments’ agencies, military and para military, militants, NGOs, individuals and
interest groups
Research/ Citation
Impacts
16) Research Title An Analytical Review of Islamic and International Laws on Civilian
Right to Life and Human Dignity
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Omar A. Oseni2 Goni Usman Ansari3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Civil Law, Faculty of Law IIUM, Malaysia 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
we suggest among other things that the Government should create an avenue for
disseminating the knowledge of the Nigerian legal framework governing the
establishment and activities of banks, particularly Islamic banking thereby organizing
periodic seminars and workshops to citizens of Nigeria especially the concern
parties; and also by public enlightment through media or media prints.
Research/ Citation
Impacts
19) Research Title The Effectiveness of Human Rights Enforcement Mechanisms at the International,
Regional and National Levels
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Abdulrashid Haruna Lawan2 Alhaji Umar Alkali3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract The concept of ownership and possession under Islamic corpus juris has not been
restricted only to physical and tangible properties. It could be in a form of both
tangible and intangible properties. The protection of intellectual property right has
been known since the ancient times of Islam. That is to say, intellectual property right
existed even prior to the advent of the conventional statutes regulating the protection
of intellectual property. Although, in the primary sources of Islamic law, no mention
has been explicitly made on the protection of intellectual property right, but it does
not mean that the law has shun it face from protecting the property owners in ripping
the fruits of their efforts. Islam remains a dynamic religion which always goes with
time; hence Islamic law should not be narrowly understood. Hence, Islamic law
should be construed liberally in order to sustain the flexibility of the religion with a
view to also tackling the contemporary realities. The primary sources of Islamic law
i.e. the Qur’an and traditions of the Prophet (pbuh) have reiterated the sacredness of
private property of individuals. Intellectual property though incorporeal, it is
protected under Islamic law as it is recognized as a species of property. Majority of
the Islamic schools of thought (Madhahib) have defined property to include both
tangible and intangible property provided that the property is useful or has value.
This position considers intellectual property as part of private property of individual
which must be protected. History had equally shown that even prior to the advent of
Islam (i.e. during the Jahiliyyah [pre-Islamic] period), works of the mind were
considered with value and may have qualified as a form of intellectual property.
Though this recognition was rudimentary, society gave authors moral rights to their
works. For example, poetry was deeply respected in the pre-Islamic era and authors
enjoyed an enhanced social standing and esteem in respect of their intellectual
properties. Intellectual property rights is the right that empowers an individual to
protect what he/she invents by restricting others from using the invention without
his/her prior permission for certain period of time. This right has equally grants
individuals or co-authors the power to dispose their invention. Under Islamic law,
great importance is attached to property and Muslims are enjoined to respect and
protect private property of individuals. In view of this background, the chapter begins
by defining the key terms such as intellectual property rights and Islamic law. It
discusses the Islamic law perspectives on intellectual property rights, its legal bases
and limitations. The chapter further discusses the legal implication of intellectual
property rights under Islamic law.
Research/ Citation
Impacts
21) Research Title Civilian Sufferings in Syria and the International Humanitarian Law: Where does the
Problem Lies?
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Suleiman Usman Santuraki3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Public Law, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
Abstract Nowadays, criticisms by the antagonists of Islamic financial institutions in respect of
their establishments and managements have been put to rest. Most countries in the
world if not all, have reckoned with the successes recorded in terms of growth of the
capital markets and assets by Islamic financial institutions. However, the most
challenging issue in recent times does not concern largely on managing the capital or
assets of the institutions, but on how to get a feasible legal framework that can ensure
effective shari‘ah compliant products within the sector. It is obvious that each
country that ventures into Islamic financial services must have its own peculiar
approach to shari‘ah governance within its Islamic financial lay-out. Countries differ
from one another in terms of the legal framework on Islamic financial institutions.
Some countries do have a distinct and full-fledged legal framework, while some
countries do not have such a framework due to dual or pluralistic nature of their legal
systems. Other countries despite the complexity and their legal pluralisms have still
managed to have a distinct and full-fledged legal framework regulating Islamic
financial institutions. Nigeria is one of the modern Muslim countries that have in
recent past introduced the Islamic financial system within its economic sector. Since
inception, a lot of challenges have been encountered; they are in relation to legal,
political and socio-economic matters. The most glaring one among them centres on
how to get an effective, independent and distinct legal framework for the shari‘ah
governance in Islamic financial institutions. The Central Bank Act Cap C4 Laws of
the Federation of Nigeria 2004, Central Bank Guidelines on banking and the Bank
and Other Financial Institution Act (BOFIA) No. 25, 1991 are the current and key
legal frameworks regulating Islamic banking (including the shari‘ah governance) and
other financial institutions in Nigeria. It is against this backdrop that this paper
recommends among other things, that the Government of Nigeria should create a
better, suitable and enabling environment for Islamic financial institutions to operate;
thereby enacting a distinct and an independent shari‘ah-based legal framework.
Research/ Citation
Impacts
23) Research Title The Application of Fatwā in Malaysia and the Contemporary Challenges: The Way
Forward
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Mohamad Asmasdi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
24) Research Title The Islamic Right to Divorce and its Impact on the Muslim Community: a Case of
the Kano State Government Initiative on Divorcees and Widows
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Garba Umaru Kwagyang2 Tijani Musa Buba3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Public Law, Faculty of Law University of Maiduguri, Nigeria 3 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of
25) Research Title Fatwa versus Modernity within the Philosophical Epistemology of Shari‘ah: Striking
a Balance between the Two
Researchers Name(s)
(lead researcher first)
Magaji Chiroma1 Mahamad Bin Arifin2 Mohamad Asmasdi Abdullah3
Researchers
Address(es)
1 Department of Shariah, Faculty of Law University of Maiduguri, Nigeria 2 Department of Islamic Law, Faculty of Law IIUM, Malaysia 3 Department of Islamic Law, Faculty of Law IIUM, Malaysia
Correspondence
address
(Tel.No., Email,
Physical)
Dr Magaji Chiroma, Department of Shariah, Faculty of Law, University of