Islamic University in Uganda (IUIU) Journals
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SURGICAL SEPARATION OF THORAOPAGUS TWINS: THE ISLAMIC LAW PERSPECTIVE
Full text linkEng and Chang bunker were the first pair of conjoined twinsrecorded in medical annals of gynaecology and obstetrics. Born in Siam, Thailand today, on May 10, 1811, attached by a five- inch connecting ligament near their breastbones, Eng. and Chang grew and lived a fairly private life and involved in successful business in North Carolina. They later married sisters, Sallie and Adelaide Yates respectively, produced21 children between them and lived until they passed away in 1874 at the age of 63 years. It was after their death that medical doctors established that surgical separation could have been possible. Recent statistics putthe rate of conjoined twins at a range of 1 in 50000 to 1 in 200000 births. Though conjoined twins have been the subject of scientific exhibits and medical study for quite a long time, it became a subject of courtroom battle in 2000, when the surgical separation of conjoined twins, Jodieand Mary, the children of Michael Angelo and Rina Attard of the Maltese Island of Gozo surfaced and sought judicial intervention. The case illustrated the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions forchildren- particularly when parents and physicians disagree about what should be done. Despite the proliferation of sophisticated surgery techniques, the risk of surgical separation still stands high; in case of survival of both of them, anaesthesia, surgical complications, and othereffects usually follow the successful separation process. But despite all these effects, medical doctors are convinced that the present quality of life is so worthless that the risky dangerous surgery is justified and should be performed. This research presents the Islamic law (Shari\u27ah)perspective towards the surgical separation of Thoraopagus conjoined twins whose separation involves certain death of a weaker twin to save the stronger one as presented in the cases of twins Jane and Louisa and Mary and Jodie that will be reviewed in this paper
DETERMINING THE END OF BELLIGERENT OCCUPATION: ASSESSMENT OF POSSIBLE SITUATIONS
Full text linkThe Geneva Conventions and Additional Protocol I do not provide much guidance in determining the end of belligerent occupation in international armed conflict situations and discussions within the academic circle provided little assistance in analysing the situation. In this article attempt has been made to analyse various mechanisms andinstances which may or may not end belligerent occupation. While the matter is largely a question of fact, the write-up will assist academics and practitioners alike in clarifying the delicate nature of the concept of occupation
AN APPRAISAL OF LEGAL PLURALISM IN THE ADMINISTRATION OF PENAL AND CRIMINAL CODES IN NIGERIA: A CALL FOR HARMONISATION
Full text linkThe Nigerian society is made up of people with diverse cultures, behaviours and ways of life. In the pre- colonial Nigeria, there were in existence some plural criminal justice systems which regulated the standard of behaviour of the people. In the North, for instance, the predominantly Muslim community had a highly developed criminal justice system with different Schools, the most prominent being the Maliki school of jurisprudence.1 In the South, there were in existence, in each of the settlements, some customary criminal laws which were generally unwritten.2With the coming of the British, the English common law system was introduced in the Lagos colony.3 In 1904, Lord Lugard, then the Governor General, introduced the Queensland Criminal Code in the North which incidentally was made applicable to the whole of Nigeria in 1916, after amalgamation of the Northern and Southern Protectorates in 1914
PEACEFUL COEXISTENCE EXAMINED VIA THE LENSE OF THE ISLAMIC LAW OF WAR AND PEACE
Full text linkNo sovereign state of the world can operate in isolation of other state, be it Islamic state or otherwise. This manifest relation is as a result of economic, political, security reason and many more. Premised upon the foregoing, Islam from the time of revelation had had the foresight of this unavoidable relationship between Muslims and non Muslims. In support of this assertion, there are plethora of verses of Quran and the prophetic traditions that deals with peaceful coexistence of Muslims and non-Muslim in an Islamic state and outside it. Basically, for the purpose of promoting peace, prosperity and freedom for its adherents and for all others through compassionate justice the paper shed beam of light in this direction as its fulcrum
THE IMPACT OF LEGAL REASONING IN JUDICIAL AND LEGISLATIVE PROCESS: TOWARDS ENHANCING BETTER LAW AND JUDGMENT IN NIGERIA
Full text linkOne vital institution that remains the last hope of common man in the society is the judiciary. The hope imposed on this institution by members of the public is not because judiciary bears such name, but because of its ability to make trained and professional judges apply their potentials and knowledge of law to causes by listening to litigants and the arguments and counter arguments of counsel for the purpose of extracting and determining the truth with a view to passing a verdict with respect to whoever the pendulum tilts. Listening to the submissions of Counsels and Attorneys and examining and passing judgments require special skills and knowledge by judges. This indeed brings us to the idea of having adequate knowledge of legal reasoning in judicial process. How then do judges pass judgment on the basis of the analysis of persuasive arguments advanced by Attorneys’ appearing before them? Do they apply the same method in the interpretation of the arguments in order to arrive at their conclusion? What are the prominent terminologies and phrases used in this process? All these and many more will be understood through the knowledge of legal reasoning in judicial process