Validity and Enforceability of Customary Law in Nigeria: Towards a Correct Delimitation of the Province of the Courts

Enabulele, Amos O.; Bazuaye, Bright

doi:10.1017/s002185531800030x

Cited by 4 publications

(2 citation statements)

References 7 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The validity of customary law stems from the community agreement, also known as the social contract. 49 Customary regulations can be considered the primary source law, implemented spontaneously by individuals and organizations in their interactions because of a sense of legal obligation. 50 The development of customary law in indigenous communities has given them a comprehensive understanding of the values they hold dear for managing their lives.…”

Section: Ihdad: Comparison Of Sharia Regulations In Indonesia and Mal...mentioning

confidence: 99%

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

Zaidah,

Raihanah Abdullah

2024

JHCLS

View full text Add to dashboard Cite

Ihdad is a form of mourning carried out by families. The sharia mandates ihdad for women who have lost their husbands. There is no fiqh regarding ihdad for husbands. It often gives rise to the perception that there is a tendency to discriminate against women. However, customary law has regulations for mourning periods for husbands. This article aims to determine the relevance of Islamic law in regulating the mourning period for women and men with the value of protecting human rights. The research was carried out normatively by comparing shariah, positive legal regulations in Indonesia, notably the customs of the Banjar community, and regulations in Malaysia. The theories underlying this research include customary law theory, al-maslahah, and human rights protection. The results of this research illustrate that Islamic fiqh does not regulate ihdad for husbands. In Indonesia, KHI regulates the mourning period (ihdad) not only for wives but also for husbands. Meanwhile, in Malaysia, there is no ihdad for husbands, and the rules are explicit in the Enactment of the Islamic Family Law. The customary law of the Banjar community regulates the mourning period for the husband by not remarrying and not interfering with inheritance matters during the mourning period for a period of one hundred days. Customary laws that do not conflict with sharia and meet the requirements for implementing 'urf can be implemented. Ihdad is and will continue to be relevant to protecting human rights by prioritizing the values of maslahah and respect. The rules in Indonesia and Malaysia are based on Islamic law, considering religious and humanist values in the form of leniency.

show abstract

Section: Ihdad: Comparison Of Sharia Regulations In Indonesia and Mal...mentioning

confidence: 99%

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

Zaidah,

Raihanah Abdullah

2024

JHCLS

View full text Add to dashboard Cite

show abstract

“…In addition to legal reforms, courts represent an important forum for promoting gender equality issues. In Nigeria, the courts play an important role of denying enforcement to discriminatory customary practices and statutes entrenching gender inequality (Ekhator, 2015;Enabulele & Bazuaye, 2019). Nonetheless, issues of women's sexual and reproductive health and rights are still impacted by legal, cultural, and religious factors, among others, including the legal restrictions on same-sex relations (Anozie, 2020).…”

Section: Introductionmentioning

confidence: 99%

Gender, Judging and the Courts in Africa

Dawuni¹

2021

View full text Add to dashboard Cite

Judges play critical roles as custodians of law and justice. The judicial oath places a duty on judges to apply the law equally, and without fear or favor. The generally held view on gender and judging, however, indicate that the law may not always be applied fairly in matters relating to women and other minorities. This book comes at a time when the world is reawakening to discussions on the rights of women, especially during the Covid-19 pandemic. The chapters provide theoretical and practical analyses and entry points for expanding our understanding of how judges apply the law and the potential for judicial interpretation to either promote women's rights or diminish them. This book is a must-read for judicial officers, gender advocates, experts interested in judicial policy, judicial training, and judicial institutional development. It touches on issues at the intersection of gender, law, and development across Africa."Justice Georgina Theodora Wood (Rtd.) (SOG, LLD (honoris causa), Former Chief Justice of the Republic of Ghana "A rich, timely, thoughtful, lively and diverse compendium of papers examining the multiplicity of questions at the core of constitutional rights and freedoms across the African continent today. The book excellently captures the main issues raised at the conference in Arusha which illuminated the gaps in law and practice towards full and meaningful achievement of women's rights. It highlights the slow but steady advances being made in the gender awareness of judges in Africa, while calling to action the need for more gender-sensitive training for judicial officers." Justice Albie Sachs (Rtd.), Constitutional Court of South AfricaWomen judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries.Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women's rights.Bringing together specific cases from Kenya,

show abstract

Thinking Alternatives

2024

Sustainable Development, International Law, and a Turn to African Legal Cosmologies

View full text Add to dashboard Cite

Validity and Enforceability of Customary Law in Nigeria: Towards a Correct Delimitation of the Province of the Courts

Cited by 4 publications

References 7 publications

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

The Relevance of Ihdad Regulations as a Sign of Mourning and Human Rights Restriction

Gender, Judging and the Courts in Africa

Thinking Alternatives

Contact Info

Product

Resources

About