Applications of legal maxims in Islamic criminal law with speciual reference to Shariah law in northern Nigeria (1999 - 2007)

Zakariyah, Luqman (2009) Applications of legal maxims in Islamic criminal law with speciual reference to Shariah law in northern Nigeria (1999 - 2007). Doctoral thesis, University of Wales Trinity Saint David.

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Abstract

The Subject of Islamic legal maxims is one of the sciences in Islamic jurisprudence which aphoristically subsumes all the spectrums that purpose of Sharl`ah is all about. There are six basic Islamic legal maxims agreed upon among the Islamic scholars on which the tenet of Islamic law is based. Each one of these six legal maxims has some sub-maxims which are either functioning as further explanation to the grand maxim or condition and restriction to it. This thesis attempts to analyze those six legal maxims and their sub-maxims in relation to Islamic criminal law. Each maxim is theoretically and empirically studied. In doing so, the thesis emphasizes on the link between each legal maxim and the overall objectives of Islamic law in relation to criminal law. The maxims are: (1) the roles of intention in a criminal act (a1-'umcir bi magasidiha), (2) evaluation of evidence from its certainty and doubt (al yagln lä yazül bi al-shakk), (3) facility guaranteed in the face of hardship (almashagqah tajlib al-taysir), (4) preference of Islamic law in eliminating harm (al-darar yuzäl), (5) the locus standi of custom (al-`adah muhakkamah) and (6) the effect of utterances ('i `mä1 al-kaläm awli min ihmiiih! ). Each one forms a chapter of the thesis and in addition, there is a first chapter which delves into the concepts of Islamic Legal Maxims (al-Qawi'id al-Fighiy)eah). In order to make the theory of these six legal maxims empirically visible, and to integrate the work of the past and the present, cases judged in Northern Nigeria Shari `ah courts are critically illustrated in line with the overall objectives of Islamic Law (Magiyid alSbari'ab). The constant questions raised in the thesis are: Do judges consider core principles of these legal maxims when delivering verdicts? Do the verdicts corroborate/ commensurate/ extrapolate the tenet of Islamic Law? Is attention paid to the cardinal difference between the rights of God and the rights of mankind in evaluating crime brought before the judge before giving judgments?

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: Islamic legal maxims, criminal law, Shari'ah courts
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
D History General and Old World > DT Africa
K Law > K Law (General)
Divisions: Theses and Dissertations > Doctoral Theses
Depositing User: EThOS Web Service
Date Deposited: 30 Jul 2019 12:52
Last Modified: 30 Jul 2019 12:52
URI: http://repository.uwtsd.ac.uk/id/eprint/1052

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