ANALYSIS OF JUDGEMENT OF SHARI’AH COURTS IN MAIYAMA LOCAL GOVERNMENT AREA OF KEBBI STATE

TABLE OF CONTENTS

Title page

Table of cases

Table of content

CHAPTER ONE: INTRODUCTION

1.1 Background of the study

1.2 Scope and Limitation

1.3 Statement of the research problem

1.4 Significance of the study

1.5 Aim and Objectives

1.6 Methodology

1.7 Structure

1.8 Literature Review

Endnote of chapter one

CHAPTER TWO: THE CONCEPT OF SHARI’AH DURING THE EARLY PERIOD OF ISLAM

2.0 Introduction

2.1 Judgment during the time of prophet Muhammad (S.A.W)

2.2 Judgment during the time of the Second Caliph Umar (R.A)

Endnote of Chapter Two

CHAPTER THREE: BRIEF HISTORY OF SHARI’AH COURTS IN MAIYAMA LOCAL GOVERNMENT OF KEBBI STATE:

3.1 Brief history of shari’ah courts in maiyama local government

3.2 Historical Background of Maiyama local government

3.3 Structure of the Courts

3.4 Jurisdiction of the Courts

3.5 Courts location and number of cases found

3.6 Analysis of some cases found in some of the courts

Endnote of chapter three

CHAPTER FOUR: MODE OF JUDGMENT OF SOME CASES FOUND IN THE COURTS

4.1 Introduction

4.2 Mode of Instituting the claim

4.3 Mode of Judgment Of Cases

4.4 Decision of the courts as regards to the cases

Endnote of chapter four

CHAPTER FIVE: SUMMARY AND RECOMMENDATION

5.1 Summary

5.2 Recommendation

Bibliography

CHAPTER ONE:

INTRODUCTION.

1.1 Background of the Study.

All praise is due to Allah the Most High, the Creator of man, the Law giver, He who guides to the Straight path which leads to salvation for those who follow it and to the hellfire, for those who deny it, peace and blessings of Allah be upon His noble Prophet whom we are commanded to follow his footsteps. His companions and those who follow them to the day of Judgment. Islam is a religion and way of life based on the commandment of Allah contained in the Holy Qur'an and Sunnah of the Prophet Muhammad (S.A.W.) and a complete way of life that encompasses all aspects of muslimendeavourof which the issue of judgment is a type. In this regard Allah the Almighty says:- We neglected nothing in the book1. It equally means a total submission to the wills of Allah the Almighty. This submission should be continous act until death. Allah says:

…..     And Worship your Lord until there comes to you the certainly (i.e death)2

Shari’ah has been described as "corpus jurist in Islam". In other words it is a collection of laws. It distinguishes between what is Halal and Haram (lawful and Unlawful), as well as Punishments and rewards of rightful and wrongful actions. It is a path through which mankind reaches a mutual existence with Allah, himself and the rest of mankind3.

Qur'an and Sunnah are the two Primary sources of Shari’ah, once any Law contradicts the above two primary Sources of Shari’ah such a law is regarded null and void. In fact it carries no weight in Islam and should be done away with. Allah says.

"Then we made for you a law follow it and do not follow the fancies of those who have no knowledge"4

Islam as a religion, comprehensively deals with all aspects of life. Its rules and regulations are based on the commandments of Allah as contained in the Qur'an and Sunnah of Prophet Muhammad (S.A.W) Every Muslim is under obligation to fashion his entire life in accordance with the dictates of the Qur'an and Sunnah....

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