LL.M. Islamic Law

NameStatus and QualificationResearch Interest
A.A. OwoadeReader & Head of Department
LL.B. (Ilorin); BL.(Abuja); LL.M,, Ph.D. (Ilorin)
Islamic Constitutional Law and Administrative Law, Islamic International Law.
A.A. AlaroProfessor
LL.B., M.A. (Madinah); LL.M (Omdurman); Ph.D. (Madinah), Ph.D. (Omdurman); BL (Abuja)
Islamic Law of Financial Transactions (Banking, Insurance &Capital Market).
I.A. AbdulkadirProfessor
LL.B. (BUK, Kano); BL.(Lagos); LL.M. (OAU, Ile-Ife) Ph.D. (IIUM, Kuala Lumpur)
Islamic Law of Banking and Finance, Islamic Law of Corporate Management and Transaction.
I.S. IsmaelProfessor
LL.B. ( UDU, Sokoto); BL (Lagos); LL.M. (OAU, Ile-Ife); Ph.D.(UDU,Sokoto)
Mirath and Wasiyyah (Islamic Law of inheritance), Waqf (Endowment)
Azizat O. Amaloye AdebayoReader
LL.B. ( UDU, Sokoto); BL. (Lagos); LL.M. (Ibadan); Ph.D. (Nottingham)
Islamic Law, International Human Rights Law, Islamic Law of inheritance, Islam and disability rights, Law and Religion, Feminist Jurisprudence and Islamic Law.
M.K. Imam-TamimSenior Lecturer
LL.B (Ilorin); BL. (Abuja);LL.M. (OAU, Ile-Ife); Ph.D. ( IIUM, Kuala Lumpur)
Islamic Family Law, Islamic Medical Law and Ethics
R.O. Olagunju IbrahimSenior Lecturer
LL.B. ( BUK, Kano) ; BL.(Abuja), LL.M (OAU, Ile-Ife), Ph.D.(Ilorin)
Islamic Law of Crimes and Torts, Islamic Commercial and Company Law
T.A. AbdulraheemSenior Lecturer
LL.B (Ilorin), BL.(Abuja), LL.M (OAU, Ile-Ife) Ph.D. ( USIM, Malaysia).
Islamic Medical Law and Ethics
A.H. FolorunshoSenior Lecturer
LL.B (BUK, Kano) BL.(Abuja), LL.M. ( IIUM, Kuala Lumpur), Ph.D. (IIUM, Kuala Lumpur)
Islamic Constitutional and Administrative Law, Human Rights and Liberties in Islam

B. Introduction

The programme is for the advancement of research and analytical skill in the context of Islamic ethics and values. The knowledge so acquired should substantially enhance their prospects of gaining employment in various capacities such as academics, professional and other areas of work where the ability to apply and advise upon Islamic legal issues is significant.

 C. Philosophy

The philosophy of the programme is the training of high level of Islamic law graduates and researchers in Islamic Laws, channelled towards human development of high skills capable of global competitiveness in the area of Islamic Laws.

D. Aim and Objectives.

 The aim of the programme is to stimulate excellent research and writing skills based on stronger foundation and better understanding of the role of Islamic Law in a contemporary context.

Objectives:

  1. producing graduates of distinction committed to lifelong learning , integrity and professionalism, capable of being responsible leaders and communicators in their respective fields;
  2. critically engage with the major theoretical debates on the role of Islamic law in a given field;
  3. displaying the ability to deal with different types of Islamic legal systems and laws; and
  4. applying critical and contextual approaches across a wide variety of subject matters.

E. Admission Requirement

The candidate is required to possess the following:

F. Duration of the Programme

The Full-time programme shall run for a minimum of 18 calendar months and a maximum of 24 calendar months. The programme is full-time study only.

G. Detailed Course Description

ISL 801 Ayat Al-Ahkam wa al-ahadith al- Tashri’yyah I 3 Credits

Critical study and analysis of the legislative verses of the Qur‘an. Authentic interpretation of the salaf on : crime and punishment, transactions, personal status and constitutional tenets. 45h (T); C

ISL 802       Ayat Al-Ahkam wa al-ahadith al- Tashri’yyah II 3 Credits

Ahdith al-Ahkam : legislative traditions of the Prophet Muhammad (SAW). Commentaries and interpretations to the text of Ahadith : medieval period, Modern time. 45h (T); C

 ISL 803 Usul al –Fiqh I 3 Credits

Nature and concept of Shari‘ah. Main and Secondary sources of Islamic Law. Al-Ahkam al- Shari‘iyyah, Al-Hukum al-Taklifi, Al-hukum al-Wadi‘i, al-Mahkum Fihi, and al- Mahkum alaih. 45h (T); C

ISL 804 Usul al –Fiqh II   3 Credits

Art of Interpretation. Linguistic principles. Jurisprudential Principles: Maqasidal- Shari‘ah, Al- Qawa‘id al-Usuliyyah, Al- Nasikh wa al Mansukh. conflict anharmonicities of textual evidence. 45h (T); C

 ISL 805 Islamic Family Law and Succession I 3 Credits

Essence of Family in society. Marriage preliminaries. Marriage contract. Essential Elements of Marriage. Polygene, Rights and duties of spouses.Termination of Contract of Marriage. Right and duties of the women under Iddah Maintenance. Paternity and Hadanah. 45h (T); E

 ISL 806 Islamic Family Law and Succession II 3 Credits

Pre- Islamic rules of succession in Arabia and Nigeria. Reforms introducedby Shari‘ah. General principles of Mirath. Conditions of Succession. Perfect and Imperfect Exclusion. Basi of Succession. Pre-Islamic backgroun of wasiyyah, making of and abatement of legacies. Marad al-mawt. Al-waqf.Types of waqf. 45h (T); E

 ISL 807 Islamic Law of Evidence and Procedure I 3 Credits

Basis of Murafa‘at. Kinds of evidence. Iqrar. Documentary evidence. Hearsay. Judge‘s testimony. Basis of procedural laws as contained in theQuri‘an, Hadith and the letter of Caliph Umar. 45h (T); E

ISL 808 Islamic Law of Evidence and Procedure II  3 Credits

Functions and duties of judges, Qualification of judges, Presence of Parties in in Court, Procedure in claim of Aqar; immovable property and Al-Manqul movable property. Debt and Waqf, Execution of decrees. Arbitration, 45h (T); E

ISL 809 Islamic Law of Crimes and Torts I  3 Credits

Concept of crime. Objectives of Punishment under the Shari‘ah, Penal code and Criminal responsibility. Classification of crimes, Tort and duty. Basisof procedural laws on crimes and torts. Jurisdiction and powers of qadi in criminal cases. 45h (T); E

ISL 810 Islamic Law of Crimes and Torts I  3 Credits

Assault and grievous hurt, Homicide and murder. Element of crime and punishments. Principles of Al-Ta‘zir. Sovereign‘s discretionary power.Jinayat (torts) ; definition and kinds. Tortious liabilities and remedies. Qisas.al- Qaud. Diya, a;- Irsh. Radd, ifai mithi. 45h (T); E

ISL 811 Islamic Law of Contract and Property I  3 Credits

Historical background of contractual obligations. Concept and definition of contracts. Classification of contracts. Formation of contracts; offer and acceptance .Sighat al-aqd, al-iradah, mahal al-aqd, al- khiyarat, legal capacityof the parties, al walayyah. Vitiating elements in contracts. 45h (T); E

ISL 812 Islamic Law of Contract and Property II 3 Credits

Concept of property in Islamic law. Classification of properety. Division and ownership of land. Haq al-irtifaq, Iqta. Al- ma‘adin wa al-kumuz. Al-Shuf‘ah procedures for the grant of right of pre-emption. Defeasance of right of pre emption. 45h (T); E

ISL 813 Islamic Commercial and Company Law I  3 Credits

Sale of goods. Definitions of sale contract. Subject-matter. Sale by sample.Sale in gross, forward sale , sale al-Mu‘awadat. Prohibited sales .Usurious sales. Gambling sale. Ijarah. al-Kirai, al-Ju‘al, al-Rahn, al-Falas, al-wadi‘ahal-Hibah . 45h (T); E

ISL 814 Islamic Commercial and Company Law II   3 Credits

Nature and concept of shar‘kah. Classification of shar‘kah. Legal basic of shar‘kah. Types of shar‘kah. Termination of shar‘kah. Islamic investment trust on the basic of Muderabah. Islamic view on some modern doctrine: legal entity, organic theory of limited liability. 45h (T); E

ISL 815 Islamic Law of Banking and Finance I  3 Credits

Concept of development in Islamic banking. Emerging of interest in the west. Operational system on the basic of Muderabah and Musharakah. Ribah. Islamic banking service: Islamic banking under Nigerian law. Status of modern contract on insurance under Islamic law. Insurance vices. 45h (T); E

ISL 816 Islamic Law of Banking and Finance II  3 Credits

Source and Development of Islamic revenue law. Basic of revenue generation. Taxation: nature, means of various forms of taxation. Administration of Zakat and tax. Deduction of allowances. Taxing powers of governments, Islamic economic analysis. Islamic economic system versus contemporary economic theories and systems. Finance of economic development. Policy analysis in Islamic economic. Financing mechanisms. 45h(T); E

ISL 817 Islamic International Law 3 Credits

Source of Islamic international law. Concept of jihad. Objective and conduct of war. Declaration of war. Prohibited acts. Truce. Surrender. Peace treaties. Charters with non-Musims. Al-Musta‘mi. Envoys and diplomacy. 45h(T); E

ISL 818 Islamic International Law II 3 Credits

Al-kharaj and jizyah. Commercial relations. Arbitration. Neutrality. War and Peace amng the nation of antiquity and pre-islamic Arabs. Peace and peaceful Co-existence of Islam. Types of enemies. Treatment of property, prisoners of War. 45h(T); E

ISL 819 Islamic Constitutional and Administrative law 3 Credits

Sources and the rules of law. Separation of power. Sovereignty. Islamic government and individuals. Citizenship. Fundamental human right. Shurah. Executive. Administration of justice: al-Qada, al-Madzlim, al-Hisbah. Finance control. Basic nature and objective of public authorities. Concept of Ummah and Khilafah. Authority of Imam. Other public authorities. Judicial reviews of administration actions. 45h(T); E

ISL 820 Islamic Constitutional and Administrative law II  3 Credits

Concept of justice under Islamic Law. Appointment of judges. Jurisdictions of judges. Specialization of jurisdictions. Islamic judicial process: fatwa institution, differences between fatwa and al-qada‘u, al-mufti. Concept of source of human right under the shari‘ah. Dignity of man. Common good and righteous deed. Preservation of public health and interest. 45h(T); E

ISL 821 Islamic Medical law and Ethics I  3 Credits

Medical law under the Shari‘ah. Characteristics of a Muslim physician. Sources of Islamic medical law. Objective of the law. Maqasid al-Shari‘ah. Medical negligence in Islamic law. 45h(T); E

ISL 822 Islamic Medical Law and Ethics II  3 Credits

Standard of care: the Bolam principle, Bolito‘s case and the Islamic law approach. Requirements for treatment Islamic law perspective on assisted reproductive technology. Medical research on end-of-life-issues. Organ transplantation and Human cloning. 45h (T); E

ISL 823 Legal research Methodology 2 Credits

Choosing research topic. Research proposer. Bibliography and references. Theoretical perspectives and styles of writing. Types of Islamic research. Cardinal safeguard in the use of socio-legal, social science and moderm scientific experimental methods in Islamic legal research. Methodology: Manhaj. Internal scholarship: works of Mu‘miniin. External scholarship: works of Munkiriin in Islamic research‘ 30h (T); E

ISL 824 Seminar 1 Credits

Each student shall be expected to present seminars on approved topical issues of relevance to his/her area of specialisation. 45h (P); E

ISL 825 Dissertation 5 Credits

Research based study and report on a case study or topic approved by the postgraduate faculty board. 225h (P); C

H. Graduation Requirements

For the award of Master degree in Islamic Law a candidate must pass a total of 32 credits comprising 8 core and 24 Elective courses.

Core courses: ISL 801 (3), ISL 802 (3), ISL 803 (3), ISL 804 (3), ISL 825 (2), ISL 824 (1), ISL 899 (5)

Elective courses:

 Students must have 12 credits from the Elective courses listed below:

 ISL 805 (3), ISL 806 (3), IDL 807 (3), ISL 808 (3), ISL 809 (3), ISL 810 (3), ISL 811 (3),ISL 812 (3), ISL 813 (3), IDL 814 (3), ISL 815 (3), ISL 816 (3), ISL 817 (3), ISL 818 (3), ISL 819 (3), ISL 820 (3), ISL 821 (3), ISL 822 (3)

  1. Summary

Core Courses                                                    20 Credits

Elective courses                                              12 Credits

Total credits                                                    32 Credits