Agnes Olufunke Obademi, Chagba Jonathan, Omale Onuh
The study investigated the rural socioeconomic impact of arms proliferation on criminality in Katsina-Ala local government, Benue state, Nigeria. Two research questions guided the study, and a cross-sectional survey research design will be used to examine arms proliferation and criminality in Benue State. Area of the Study Katsina-Ala Local Government, while the sample size for the study was 400, the research uses cluster and random sampling techniques to select the study population. By simple random sampling, the names of the ten (12) council wards were written on pieces of paper, wrapped, dropped into a container and shaken thoroughly. Five (6) council wards out of the original ten (12) wards were randomly selected. The data collected through the questionnaire were analysed using frequency counts and percentages. From the findings, it was concluded from the research findings that even though arms proliferation is caused by so many factors, profitability and utilisation of small arms have been singled out as the primary cause of the unrest in Katsina-Ala Local Government Area of Benue State.
{"title":"Rural Socio-Economic Impact of Arms Proliferation on Crime in Katsina-Benue State","authors":"Agnes Olufunke Obademi, Chagba Jonathan, Omale Onuh","doi":"10.59683/ijls.v2i2.42","DOIUrl":"https://doi.org/10.59683/ijls.v2i2.42","url":null,"abstract":"The study investigated the rural socioeconomic impact of arms proliferation on criminality in Katsina-Ala local government, Benue state, Nigeria. Two research questions guided the study, and a cross-sectional survey research design will be used to examine arms proliferation and criminality in Benue State. Area of the Study Katsina-Ala Local Government, while the sample size for the study was 400, the research uses cluster and random sampling techniques to select the study population. By simple random sampling, the names of the ten (12) council wards were written on pieces of paper, wrapped, dropped into a container and shaken thoroughly. Five (6) council wards out of the original ten (12) wards were randomly selected. The data collected through the questionnaire were analysed using frequency counts and percentages. From the findings, it was concluded from the research findings that even though arms proliferation is caused by so many factors, profitability and utilisation of small arms have been singled out as the primary cause of the unrest in Katsina-Ala Local Government Area of Benue State.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129534442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to wide-ranging research, and the important aspects of public control in the activities of local executive bodies in Uzbekistan today, the normative and legal basis of the action, and the differences from the previously adopted legislation are analyzed. The purpose of the study is to identify problems and shortcomings in the system of public control over the activities of local executive bodies in the territory of the Republic of Uzbekistan. The article provides an analysis of the results of a sociological survey conducted on the legal, regulatory documents of public control of the activities of local executive bodies in the territory of the Republic of Uzbekistan. In addition, a retrospective analysis of the views of Western researchers and ancient Eastern thinkers, such as public opinion, justice, and the basis of civil society because of the control of society over power, is described. As a scientific innovation, differences were found between the legislation on public control adopted in Uzbekistan and several regulations and decisions adopted by the Cabinet of Ministers, the fact that they cover all processes and the duties and powers are returned, and the clearly defined sequence of tasks. As a result, in the conditions of New Uzbekistan, it was determined that it is necessary to improve the functions of representative bodies, develop the mechanisms of their implementation, and restore legal knowledge in higher education institutions.
{"title":"Important Aspects of Public Control in the Activities of Local Executive Bodies in the New Republic of Uzbekistan","authors":"Dadasheva Akida Abdujabbarovna","doi":"10.59683/ijls.v2i2.39","DOIUrl":"https://doi.org/10.59683/ijls.v2i2.39","url":null,"abstract":"The article is devoted to wide-ranging research, and the important aspects of public control in the activities of local executive bodies in Uzbekistan today, the normative and legal basis of the action, and the differences from the previously adopted legislation are analyzed. The purpose of the study is to identify problems and shortcomings in the system of public control over the activities of local executive bodies in the territory of the Republic of Uzbekistan. The article provides an analysis of the results of a sociological survey conducted on the legal, regulatory documents of public control of the activities of local executive bodies in the territory of the Republic of Uzbekistan. In addition, a retrospective analysis of the views of Western researchers and ancient Eastern thinkers, such as public opinion, justice, and the basis of civil society because of the control of society over power, is described. As a scientific innovation, differences were found between the legislation on public control adopted in Uzbekistan and several regulations and decisions adopted by the Cabinet of Ministers, the fact that they cover all processes and the duties and powers are returned, and the clearly defined sequence of tasks. As a result, in the conditions of New Uzbekistan, it was determined that it is necessary to improve the functions of representative bodies, develop the mechanisms of their implementation, and restore legal knowledge in higher education institutions.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129539644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to examine the development of Nigeria's environmental legislation framework. Nigeria needs help balancing economic growth and natural resource preservation as a developing country. This duality is mirrored by severe ecological problems, such as the destruction of the marine environment in the Niger Delta by crude oil and groundwater contamination in Lagos, the country's largest megacity. This research method is in-depth on normative legal research methods/library research. This article argues that more progress has yet to be made despite the greater understanding of the need to protect natural resources. The massive and ongoing contamination of vital natural resources underscores this modest increase. Investigations revealed that the same administration that set up this facility was also one of the primary violators of environmental norms and regulations. This often results in a system failure atmosphere where nothing works, and the environment suffers. The possibility of employment, environmental protection and environmental sustainability are advantages of enforcing environmental standards. Among the barriers to effective compliance with environmental regulations are outdated laws; high cost of environmental standards; weak institutional capacity; bad government; staff shortage; inadequate funding; personal interests; overlapping or conflicting laws; ignorance; and lack of the rule of law.
{"title":"Framework for Environmental Protection in Nigeria","authors":"Odey Stephen Adi","doi":"10.59683/ijls.v2i2.38","DOIUrl":"https://doi.org/10.59683/ijls.v2i2.38","url":null,"abstract":"This article aims to examine the development of Nigeria's environmental legislation framework. Nigeria needs help balancing economic growth and natural resource preservation as a developing country. This duality is mirrored by severe ecological problems, such as the destruction of the marine environment in the Niger Delta by crude oil and groundwater contamination in Lagos, the country's largest megacity. This research method is in-depth on normative legal research methods/library research. This article argues that more progress has yet to be made despite the greater understanding of the need to protect natural resources. The massive and ongoing contamination of vital natural resources underscores this modest increase. Investigations revealed that the same administration that set up this facility was also one of the primary violators of environmental norms and regulations. This often results in a system failure atmosphere where nothing works, and the environment suffers. The possibility of employment, environmental protection and environmental sustainability are advantages of enforcing environmental standards. Among the barriers to effective compliance with environmental regulations are outdated laws; high cost of environmental standards; weak institutional capacity; bad government; staff shortage; inadequate funding; personal interests; overlapping or conflicting laws; ignorance; and lack of the rule of law.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131302067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The main objective of this research is to find out what is Forced Circumstances (Overmacht) and why Forced Circumstances (Overmacht) can free perpetrators from criminal responsibility. Departing from here, in conducting research, the author uses normative research methods with a statutory approach (Statue Approach), namely legal research that focuses on examining documents, namely implementing various secondary data such as legal references, statutory regulations, court decisions, and legal theory, and can also be in the form of opinions expressed by legal scholars in processing research. The results of research conducted by the author show that First, Overmacht occurs because the killer does it by first attacking, making his soul vibrate, then defending himself so as not to become a real victim. This was done in self-defence because he had a choice, either he died, or his opponent died. Second, the criminal act of murder under force majeure (overmacht) cannot be held criminally responsible for the perpetrator because, from the start, it is known that it was an act of self-defence (overmacht), and then the investigation must be stopped. If the trial stage continues, the Judge must use his conscience in determining the Judge, and there must be substantial evidence, such as CCTV footage or eyewitnesses from the incident. It can also be based on the actual situation. Criminal liability itself is for a crime, and its purpose is to determine whether a suspect or defendant should be held accountable for a crime that has occurred.
{"title":"Criminal Acts of Murder Committed in Forced Circumstances (Overmacht)","authors":"Haadi Arrosyiid, F. Febriansyah","doi":"10.59683/ijls.v2i1.29","DOIUrl":"https://doi.org/10.59683/ijls.v2i1.29","url":null,"abstract":"The main objective of this research is to find out what is Forced Circumstances (Overmacht) and why Forced Circumstances (Overmacht) can free perpetrators from criminal responsibility. Departing from here, in conducting research, the author uses normative research methods with a statutory approach (Statue Approach), namely legal research that focuses on examining documents, namely implementing various secondary data such as legal references, statutory regulations, court decisions, and legal theory, and can also be in the form of opinions expressed by legal scholars in processing research. The results of research conducted by the author show that First, Overmacht occurs because the killer does it by first attacking, making his soul vibrate, then defending himself so as not to become a real victim. This was done in self-defence because he had a choice, either he died, or his opponent died. Second, the criminal act of murder under force majeure (overmacht) cannot be held criminally responsible for the perpetrator because, from the start, it is known that it was an act of self-defence (overmacht), and then the investigation must be stopped. If the trial stage continues, the Judge must use his conscience in determining the Judge, and there must be substantial evidence, such as CCTV footage or eyewitnesses from the incident. It can also be based on the actual situation. Criminal liability itself is for a crime, and its purpose is to determine whether a suspect or defendant should be held accountable for a crime that has occurred.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131491186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Anas Maulan, Burhanudin Harahap, Sasmini, Fakultas Hukum, Sebelas Maret
Indonesia is one of the largest Islamic countries in the world. In 2021, Indonesia has officially formed Bank Syariah Indonesia combined with 3 private Islamic banks, namely Bank BRI Syariah, Bank Mandiri Syariah and BNI Syariah. The purpose of Bank Syariah Indonesia is to facilitate sharia-based services that avoid customers from transactions containing elements of usury, gharar, maisir, haram and Zalim which are commonly applied in conventional banking in general in the form of interest. Islamic banking in Indonesia takes advantage not from usury but from financing or buying and selling goods carried out by banks with customers according to customer wishes and needs. One of the financing that is usually in demand by customers is the murabahah financing contract and the musyarakah mutanaqisah financing contract. These two contracts are the same as taking advantage of buying and selling goods but murabahah is more dominant in financing without a down payment and goods that have been determined from the beginning of the contract while muyarakah mutanaqisah is more dominant in financing the needs desired by customers in the form of cash instead of goods.
{"title":"Comparative Analysis of Murabahah Financing Agreement with Musyarakah Mutanaqisah Financing Agreement in Indonesia's Sharia Banking System","authors":"Anas Maulan, Burhanudin Harahap, Sasmini, Fakultas Hukum, Sebelas Maret","doi":"10.59683/ijls.v2i1.31","DOIUrl":"https://doi.org/10.59683/ijls.v2i1.31","url":null,"abstract":"Indonesia is one of the largest Islamic countries in the world. In 2021, Indonesia has officially formed Bank Syariah Indonesia combined with 3 private Islamic banks, namely Bank BRI Syariah, Bank Mandiri Syariah and BNI Syariah. The purpose of Bank Syariah Indonesia is to facilitate sharia-based services that avoid customers from transactions containing elements of usury, gharar, maisir, haram and Zalim which are commonly applied in conventional banking in general in the form of interest. Islamic banking in Indonesia takes advantage not from usury but from financing or buying and selling goods carried out by banks with customers according to customer wishes and needs. One of the financing that is usually in demand by customers is the murabahah financing contract and the musyarakah mutanaqisah financing contract. These two contracts are the same as taking advantage of buying and selling goods but murabahah is more dominant in financing without a down payment and goods that have been determined from the beginning of the contract while muyarakah mutanaqisah is more dominant in financing the needs desired by customers in the form of cash instead of goods.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131363295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
People and cultures migrating from one location to another is thought to be a long-standing historical trend. This is essentially true during the formative stages of nation-states. Internal and external factors more frequently induced the movement of a diverse range of people in groups or trickled them to habitations deemed more favourable, secure, or conducive to farming, settlement, hunting, and so on. Wars, slave raids, hostile neighborhoods, or the search for resources like water, salt ponds, and so on, constituted the push and pull factors of early migrations of populations. This paper considers the migrations and settlement of Yalla-Nkum and Akparabong and their impact on intergroup relations in Ikom, middle Cross River Region, from 1815–2007. The raison d’être and the factors of contacts and relations in determining the politics of Ikom have all been considered. The empirical phenomenological approach used in this study. Checking data is based on information obtained from informed informants. Documented sources also complement the primary data obtained. Findings show that ownership and management of scarce resources attract envy, hostility, and even resource conflicts among pre-colonial groups, thereby setting the pattern of relationships during the colonial era.
{"title":"Akparabong and Yalla-Nkum Relations in the Middle Cross River Region, Nigeria","authors":"Frank N. Enor, Kenneth Obem Etta","doi":"10.59683/ijls.v2i1.36","DOIUrl":"https://doi.org/10.59683/ijls.v2i1.36","url":null,"abstract":"People and cultures migrating from one location to another is thought to be a long-standing historical trend. This is essentially true during the formative stages of nation-states. Internal and external factors more frequently induced the movement of a diverse range of people in groups or trickled them to habitations deemed more favourable, secure, or conducive to farming, settlement, hunting, and so on. Wars, slave raids, hostile neighborhoods, or the search for resources like water, salt ponds, and so on, constituted the push and pull factors of early migrations of populations. This paper considers the migrations and settlement of Yalla-Nkum and Akparabong and their impact on intergroup relations in Ikom, middle Cross River Region, from 1815–2007. The raison d’être and the factors of contacts and relations in determining the politics of Ikom have all been considered. The empirical phenomenological approach used in this study. Checking data is based on information obtained from informed informants. Documented sources also complement the primary data obtained. Findings show that ownership and management of scarce resources attract envy, hostility, and even resource conflicts among pre-colonial groups, thereby setting the pattern of relationships during the colonial era.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132784777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The results of the discussion made it clear that the Laws on Land Use and Customary Land Owners have much in common. As such, the controversies generated by these issues continue to defy consensus among our academic "egg heads" as well as learned judges in our courts. Indeed, many court decisions appear to indicate that the courts have not settled the controversy on this issue. As a result, the judicial confusion for Nigerian means of conveyance continues to this day.
{"title":"The Status of Customary Tenants in Relation to Land Held by Him: An Overview of Customary Law","authors":"M. Otu, Joe Edet","doi":"10.59683/ijls.v2i1.34","DOIUrl":"https://doi.org/10.59683/ijls.v2i1.34","url":null,"abstract":"The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The results of the discussion made it clear that the Laws on Land Use and Customary Land Owners have much in common. As such, the controversies generated by these issues continue to defy consensus among our academic \"egg heads\" as well as learned judges in our courts. Indeed, many court decisions appear to indicate that the courts have not settled the controversy on this issue. As a result, the judicial confusion for Nigerian means of conveyance continues to this day.\u0000 ","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117028314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Public service is an activity in which there is fulfillment of service needs in accordance with applicable regulations, because there are laws that regulate it, the community or residents have rights to goods or services and other administrative services that have been provided by public service providers. The purpose of this research is to be able to find out how the implementation of statutory regulations regarding the implementation of public service standards and what are the obstacles faced in public services. This writing uses the type of empirical legal research. This research is carried out by looking at the facts in the field where the contents of the research include understanding and studying how to apply the law directly to the subject of the field. The results and conclusions of this study are that the implementation of laws and regulations regarding the application of public service standards for the Population and Civil Registration Office of Magetan Regency has implemented the law well marked by the absence of problems with the community, although in conclusion it cannot be fully stated that the Magetan Population and Civil Registration Agency has universally implemented law but in one subject this can be said as a public service provider is already a very good thing.
{"title":"Juridical Analysis of Implementation of Public Service Standards in the Service of Population and Civil Registration in Magetan District","authors":"Enny Fransiskawati, Saiful Anwar, M. Fadhli","doi":"10.59683/ijls.v2i1.28","DOIUrl":"https://doi.org/10.59683/ijls.v2i1.28","url":null,"abstract":"Public service is an activity in which there is fulfillment of service needs in accordance with applicable regulations, because there are laws that regulate it, the community or residents have rights to goods or services and other administrative services that have been provided by public service providers. The purpose of this research is to be able to find out how the implementation of statutory regulations regarding the implementation of public service standards and what are the obstacles faced in public services. This writing uses the type of empirical legal research. This research is carried out by looking at the facts in the field where the contents of the research include understanding and studying how to apply the law directly to the subject of the field. The results and conclusions of this study are that the implementation of laws and regulations regarding the application of public service standards for the Population and Civil Registration Office of Magetan Regency has implemented the law well marked by the absence of problems with the community, although in conclusion it cannot be fully stated that the Magetan Population and Civil Registration Agency has universally implemented law but in one subject this can be said as a public service provider is already a very good thing.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115280499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since independence, the Nigerian electoral process has been plagued with spiralling anomalies, including worsening violence, intimidation, death and fraud. This has jeopardized Nigeria's socio-economic, political and national security and eroded confidence in the democratic process as well as increased election season security concerns. For elections to be credible, the competition must be fair, which requires impartial process management. So, despite the recently revised Electoral Act and other related laws that could help Nigeria realize its potential for credible elections. This work argues that the legal framework still has several components that must be studied or introduced to improve electoral processes. The method used is qualitative with a case study approach and empirical juridical. The results of this study propose that Article 225 of the Constitution be amended to eliminate the requirement for cash given to political parties from outside Nigeria to be transferred to INEC; otherwise, the donation must be notified to INEC and made public. The constitution should be modified to establish an Election Offenses Commission or Court to try and punish individuals (INEC officers, candidates and voters) who violate articles 114–128 of the new law. Section 29(5) of the Elections Act should be amended to allow the Federal Capital Territory and the High Court of Abuja State to hear and resolve pre-election disputes. In addition, instead of focusing on technical matters, the trial for the regional election application should focus more on the substance of the application and the facts of the case.
{"title":"Nigeria's Legal Regulatory Framework for Ensuring a Credible 2023 Election","authors":"Miebaka Nabiebu","doi":"10.59683/ijls.v1i3.32","DOIUrl":"https://doi.org/10.59683/ijls.v1i3.32","url":null,"abstract":"Since independence, the Nigerian electoral process has been plagued with spiralling anomalies, including worsening violence, intimidation, death and fraud. This has jeopardized Nigeria's socio-economic, political and national security and eroded confidence in the democratic process as well as increased election season security concerns. For elections to be credible, the competition must be fair, which requires impartial process management. So, despite the recently revised Electoral Act and other related laws that could help Nigeria realize its potential for credible elections. This work argues that the legal framework still has several components that must be studied or introduced to improve electoral processes. The method used is qualitative with a case study approach and empirical juridical. The results of this study propose that Article 225 of the Constitution be amended to eliminate the requirement for cash given to political parties from outside Nigeria to be transferred to INEC; otherwise, the donation must be notified to INEC and made public. The constitution should be modified to establish an Election Offenses Commission or Court to try and punish individuals (INEC officers, candidates and voters) who violate articles 114–128 of the new law. Section 29(5) of the Elections Act should be amended to allow the Federal Capital Territory and the High Court of Abuja State to hear and resolve pre-election disputes. In addition, instead of focusing on technical matters, the trial for the regional election application should focus more on the substance of the application and the facts of the case.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124908913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The provisions in the Qur'an and al-Hadith bind Islamic Contract Law. From the Islamic perspective, contracts are better known by the word Akad. The most significant factor in the increase in profit power in Islamic contract law is obtained from financing agreements. Indonesia and Malaysia, as Muslim-majority countries, provide different arrangements regarding istishna's financing agreement'. Therefore, this legal research aims to compare Islamic legal systems in applying the istishna' agreement in Indonesia and Malaysia based on the DSN MUI Fatwa and the SAC BNM Fatwa. The research method is a doctrinal legal research method with a comparative approach. The results showed that in the application of the istishna' contract in Indonesia and Malaysia, there was no significant difference. The development of istishna' agreements between the two countries from year to year has fluctuated. The number of istishna' financing agreements in Indonesia is higher than in Malaysia.
{"title":"Comparative Study of Islamic Legal Systems in the Application of the Istishna' Agreement in Indonesia and Malaysia","authors":"Khansa Tazkiya, Burhanudin Harahap, H. Purwadi","doi":"10.59683/ijls.v1i3.26","DOIUrl":"https://doi.org/10.59683/ijls.v1i3.26","url":null,"abstract":"The provisions in the Qur'an and al-Hadith bind Islamic Contract Law. From the Islamic perspective, contracts are better known by the word Akad. The most significant factor in the increase in profit power in Islamic contract law is obtained from financing agreements. Indonesia and Malaysia, as Muslim-majority countries, provide different arrangements regarding istishna's financing agreement'. Therefore, this legal research aims to compare Islamic legal systems in applying the istishna' agreement in Indonesia and Malaysia based on the DSN MUI Fatwa and the SAC BNM Fatwa. The research method is a doctrinal legal research method with a comparative approach. The results showed that in the application of the istishna' contract in Indonesia and Malaysia, there was no significant difference. The development of istishna' agreements between the two countries from year to year has fluctuated. The number of istishna' financing agreements in Indonesia is higher than in Malaysia.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134421491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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