6 research outputs found
Ethico-legal issues in the medical profession : a case study of nursing profession in the world / Lateef Wale Adeyemo ... [et al.]
No full textThe paper analyses the professional rules and regulations that guide the nurse in carryout her professional duties.
The paper discusses that the nurse should carrying out her duties diligently and carefully along with the doctrine
of Islamic law by the way of fearing Almighty Allah; this is because of her closeness to patients in the hospitals
and clinics.This paper identifies some actions, omissions, carelessness, negligent that can lead the nurse to a case in court or Shari‟ah court. Even if the affected patient can not afford litigation or remains silent over his right,some significant others like Human Rights Organizations, pressure groups can take up the case and make the affected Nurse to pay for such acts or omissions done against the victim. The paper elaborates some problem
that may be caused by the nurse in the hospital due to her ignorant of law guiding her practice, pressure of work,or in a rare occasion, a lackadaisical attitude to others.The paper further explains the international/local/Islamic laws which regulate every aspect of communal life i.e the Nursing and Midwifery Regulation Acts that provide for the training, registration and discipline of Nurses and midwives as well as Shari‟ah principles guiding their professional ethic. This is because what one does some years back, if done today may put a Nurse in jail or make her pay heavy damages because the right to enforce one‟s denied fundamental human right has become a global issue and, of course ,has led to a new era in the act of caring for patient. In addition the finding in the paper will be a good guidance to medical officers,Islamic jurists, academicians scholars, researchers throughout the world as patient/medical officer relations in the hospital become a fundamental human right issue before the World Health Organization
COMPARATIVE STUDY OF IMPACT OF ENGLISH RECEIVED LAW ON ISLAMIC BANKING INSTITUTIONS IN MALAYSIA AND NIGERIA
No full textThe British introduced the common law into their colonies and greatly dominated the legal systems of the colonies and left marks that have persisted in the post-colonial period. However, Malaysia has able to maintain its cultural value and the Shariah not to be influence with the colonial master incorporated culture and law, while it is quite different when compared it with what is happened in Nigeria. The paper examines the reaction to the effects of British colonialism and the common law on the judicial machinery for the administration of Islamic banking law and finance in post- colonial Muslim-majority particular reference to Malaysia and Nigeria. The paper discusses on the impact of the common law on the structure of Islamic banking legal frameworks in the two jurisdictions. It is also stresses in the paper that through effort of Malaysian government, the Malaysian Muslim scholars have attempted to resolve some basic and operational issues in order to make Islamic banking products operation more viable and acceptable by Shariah, the government separates the legal framework guiding Islamic banking and finance from those existing conventional legislations. As a result, there are comprehensive legislations for Islamic banking and financial institutions in Malaysia when compared them with what is happened in Nigeria are like chalk and cheese
ACHIEVING GLOBAL SUSTAINABLE ECONOMIC DEVELOPMENT THROUGH MUDARABAH PRODUCTS OF ISLAMIC BANKING AND FINANCE INSTITUTIONS
No full textThe best way to acquire wealth and strive for material improvement is through Mudarabah products as one of the Islamic lawful business means. This paper aims to observe the development of Mudarabah products, contract and practice under the Islamic banking institutions. It focuses to re-direct the man’s attention towards useful ethical principles of Shariah on business transactions. The paper stresses that Mudarabah products of Islamic banking institutions is a financial intermediate that brings together the providers of capital with the users of the capital in accordance with the principles of Islamic law. Islamic banks are very unique therefore, their activities are regulated by concepts of Shariah. It further explains the system used by Islamic banks in generating liquidity which they use to perform their investment processes through Mudarabah contract which is a profit sharing and loss bearing contract. The paper presents literature on Mudarabah as the products of Islamic banking and finance institutions. The study contributes in uphold integrity among the rabul maal and amil in order to strengthen Mudarabah contract of Islamic banks. The study discovers that with Mudarabah contract, Islamic banks are able to provide necessary financing to support building successful individual and corporate customers, which are the engine of growth and development in many developing and developed countries. It is also sacrifice needed to reduce poverty, restore normalcy in the society and prepare the people for the challenges ahead
Maqasid Al-Shari'ah in Ijarah (Leasing) Contract of Islamic Banking System
No full textThe operating ijarah and ijarah financing are currently generating interest among the Islamic banks, investors, customers and even policy makers due to their less risk overloads and better profits to the public. This paper attempts to highlight the benefits of applying the Islamic legal objectives (Maqasid Al-Shari’ah) in ijarah contract, and how a strict compliance to the latter can help manage Shari’ah, business and distribution of wealth in the society. The paper discusses the impact of Muslim scholars in applying ijtihad and analogical deduction to fashion out the appropriate ruling in respect of the issues, by putting into consideration what would be the best interest of Islam and Muslim community as a whole. It also discusses the consent of the contracting parties as one of the conditions validating the ijarah contract, and as a supplement to the objective of avoiding injustice and embezzlement of another person’s wealth. The paper explains how the profit made and the risks incurred, if any, are shared between the parties involved in ijarah transaction which are proportionally shared according to what has been earlier agreed upon
A New Form of Authoritarianism? Rethinking Military Politics in Post-1999 Nigeria
No full textDespite the vast research that has been done on the Nigerian military, virtually all of these studies have failed to critically examine the accepted role of the military in the democratising phase. This is important because the relationship between the political elite and the military in post-military authoritarian states guarantees either democratic consolidation, or its reversal. In Nigeria, despite an appearance of significant progress in subordinating the military institution to democratic civilian authority, the military remains a crucial political actor in the polity. It appears that the military has yet to accept the core democratic principles of civilian oversight of the institution. This thesis, therefore, explores whether a new form of military authoritarianism is emerging in Nigeria, with the aim of understanding Nigeria’s military behaviour in a transitional phase, from prolonged military authoritarianism to democratisation. To examine this military behaviour, Alfred Stepan’s concept of military prerogatives that was used to understand the military’s behaviour in a transitional phase in Latin America is applied to Nigeria.
A crucial understanding of authoritarianism in Nigeria is initially discussed in this study using mainly document analysis strategy to examine whether multi-ethnic states, such as Nigeria, tend to have authoritarian systems. Six hypotheses form the core analysis of this thesis: first, that the military has retained significant military prerogatives; second, that retired military officers are gaining influential political and economic positions; third, autonomous military involvement in human rights abuses since 1999; and fourth, that civilian government oversight remains weak, and facilitates military authoritarianism. These hypotheses are primarily analysed using the elite interview technique. During the first half of 2011, the author conducted field research where serving and retired military officers were interviewed. The fifth hypothesis is that the military has intervened in politics post-1999. The examination of this hypothesis relies primarily on key security-related media reports (mostly newspaper editorials) on the military after 1999. The examination of the final hypothesis, that increases in military expenditures might facilitate a new form of military authoritarianism, relies primarily on descriptive statistical analysis. In addition, this study collated relevant historical materials that relate to the military, utilising national archival collections.
The empirical findings of this research did not identify a new form of military authoritarianism in Nigeria. The study, however, argues that the unrestricted institutional framework accorded the military has contributed significantly to authoritarian practices in the post-military era in Nigeria. This study discovered that there were similarities between the Brazilian and Nigerian militaries in regard to their military spending during their period in power. Both countries had lower defence budgets. Just as in Brazil, it appears that part of the reason the Nigerian military decided to relinquish power in 1999 had to do with its desire to gain a higher budget, something that was precluded in a military government struggling to retain a sense of legitimacy. The military needed a higher budget to modernise and re-professionalise its institution after more than a decade in power. This feature, which the Nigerian military shares with the Brazilian military, appears to justify the application to Nigeria of Alfred Stepan’s concept of military prerogatives.
