Challenges of Sharia Adjudications in a Multi-Religious Society

The study investigated the effect of budget implementation on performance: a comparative analysis of six Southwest states in Nigeria over the period of 10 years spanning from 2012- 2021. This is done specifically to explore the effect of capital expenditure, recurrent expenditure, statutory allocation and intervention fund on per-capita income in Nigeria. Ex-post-facto research design was employed in the study because the data were obtained secondarily from National Bureau of Statistics. Data collected were analysed using descriptive statistics and regression analysis. Finding revealed that capital expenditure, recurrent expenditure, statutory allocation and intervention fund have positive and significant effect on performance in Oyo, Ogun and Lagos states respectively. It however revealed that capital expenditure and statutory allocation have positive and significant effect in Osun state, while capital expenditure and intervention fund was discovered to portrayed a positive and significant effect on performance in Ondo state, and the study further showed that statutory allocation and intervention fund have positive and significant effect on performance in Ekiti state. The implication of this result is that Lagos state as well as Ogun state and Oyo state have shown an exemplary example in its budget implementation which significantly affected performance, the role statutory allocation and intervention have been judiciously used and channeled to respective quarters in the case of Lagos, Ogun and Oyo states whereas, the reverse is the same in Ondo, Osun and Ekiti States, as such, statutory allocation and

The enrolment and the attendance in public primary schools in Nigeria keep going down every year and the statistics of out-of-school children growing. This led to the introduction of School Feeding Programme (SFP) in all the states of the federation. It is believed that SFP can improve enrolment, attendance as well as completion rate of primary education, if well utilised. However, these can only be achieved through proper implementation of SFP. Hence, this study examines the quality of implementation of SFP in Osun and Oyo states of Nigeria. The study adopted triangulation design of mixed methods. A multi-stage sampling technique was used to select 90 primary school teachers, 75 parents and the State Coordinator of SFP from each state. Three self-designed research instruments were used for data collection namely; Perception of Parents about Quality SFP (0.75); Perception of teachers about SFP (0.71) and State Coordinator of SFP Interview guide. Five research questions were answered. Data collected were analysed using descriptive statistics and thematic analysis. Results show that in Osun State, there is equal access to school meal among all primary classes I to IV pupils while Oyo State feeds primary I to III and some schools are not receiving meal at all. Both states are still struggling with quality and quantity of food for pupils, though report from Osun State shows better quality. There are fair community inputs in SFP in Osun State while this was found low in Oyo State. Qualitative data showed that overall success of the programme is at an average level in Osun State while it is low in Oyo State. It was recommended that Oyo state government should endeavour to improve the quality of implementation of SFP by adopting some of the strategies used in Osun States so as to attract learners and produce the expected results.

This study was designed in response to the general concern for the low educational status of Nigerian women. Data for the study were obtained from a survey conducted in three Local Government Areas (LGAs) of Osun and Oyo states of South Western Nigeria. These include Ola-Oluwa in Osun State and Ogo-Oluwa in Oyo state, the two LGAs where the existing disparity is worsening to the disadvantage of women and girl child and Obokun local government area in Osun state with high female literacy and enrolment serving as control local government area. The study revealed the depth of the problem of gender disparity. It revealed (i) that the main causes of gender disparity are fear of early marriage and pregnancy, the poor attitudes of government, escalating costs and cultural factors (ii) that mostly in Muslim communities, parents and girls share the culture of early marriage and work towards it quite early, and (iii) that parents were more interested in boys' education than girls'. To tackle these problems, measures such as public enlightment, free education at all levels, improved infrastructure and teaching standards, literacy campaigns as well as increased financial commitment by the parents were recommended.

The enforcement of Islamic law in Indonesia is still marked by various complexities, one of which is the unclear role of Judges, Law, Al-Mahkum Fih (object of law), and Al-Mahkum Alaih (subject of law). This study aims to analyze the crucial role of these four elements in the enforcement of Islamic law. Judges have a central role in the enforcement of Islamic law. They are tasked with trying cases based on Islamic law and ensuring justice for all parties. The role of judges is strengthened by a competent mastery of Usul Fiqh and an understanding of the developing social context. Islamic law used in law enforcement in Indonesia is sourced from the Qur'an and Hadith. The application of Islamic law must consider the local social and cultural context. A legal anthropology approach can be used to understand and accommodate local values ​​in the application of Islamic law. Al-Mahkum Fih is the act or action of mukallaf regulated in Islamic law. Al-Mahkum Alaih is an individual or legal entity that is the subject of Islamic law. Effective enforcement of Islamic law requires clear identification of Al-Mahkum Fih and Al-Mahkum Alaih.

<p>The crime of child neglect by drug abusing parents is a serious problem that has significant social and humanitarian impacts. In the perspective of Islamic criminal law, the act of child neglect caused by drug abuse by parents is considered an act that violates sharia law and is detrimental to the welfare of society. Analysis of the crime of child neglect by drug abusing parents from the perspective of Islamic criminal law involves interpreting the principles of Islamic law relating to the protection of children's rights, parental obligations, and sanctions for violations of the law. In Islam, parents have a great responsibility to care for, educate and protect their children, and the act of child neglect caused by drug abuse is a serious violation of this obligation. From the perspective of Islamic criminal law, the criminal act of child neglect by drug abusing parents can be classified as an act that harms society and contradicts the principles of social justice. As a result, the perpetrators of such criminal acts may be subject to criminal sanctions in accordance with the applicable sharia law, which may include fines, corporal punishment, or other penalties appropriate to the severity of the offense. However, in applying punishment to perpetrators of the crime of child neglect by drug abusing parents, the Islamic criminal law system also considers mitigating factors such as the intention, psychological condition, and social environment of the perpetrator. Principles such as mercy, justice, and restoration are also upheld in Islamic law enforcement, which allows room for rehabilitation and reintegration of offenders into society. Thus, the analysis of the crime of child neglect by drug abusing parents from the perspective of Islamic criminal law emphasizes the importance of safeguarding the welfare of children and upholding social justice in society. Law enforcement based on the principles of Islamic law can provide a strong basis for protecting children's rights and ensuring that perpetrators of criminal acts are given sanctions that are balanced and beneficial to the common good.</p>

This study explained that Qanun No. 9/2008 of 18 cases were resolved through “village justice” or in accordance with adat (one of which was the case of khalwat) indicated that there wasn’t an explicit command of Aceh government to people in handing over the offence Qanun No. 14/2003 of khalwat to court (Mahkamah Syariah). In addition, Qanun No. 9/2008 indicated that Aceh government could do nothing to resolve the offences like khalwat through court (Mahkamah Syariah). The fact that there was no single (plural) jurisdictional authority encouraged people in looking for favorable rules. The number of khalwat offences weren’t resolved by Mahkamah Syariah by the cane (cambuk), but through traditional institutions by a variety of fine custom, asserting such this assumption. This study asserted Daniel S Lev’s point of view that Islamic law was never been accepted by unanimous anywhere. Islamic law was often modified to suit the local values, accepted, and regarded as Islamic law which derived its validity from the scholars or religious authority. This study also asserted the institutional theory of Gresham which said that a formal process tended to be avoided in order to resolve the dispute through a process which is more family-oriented and more accommodating. This study also criticized the opinion of Alyasa Abu Bakr said, that the completion of seclusion cases through traditional mechanisms will strengthen the enforcement of Islamic law. Instead, this paper put forward the argument that the resolution of these cases through traditional mechanisms seclusion will weaken the enforcement of Islamic law. Keywords: legal pluralism, fine custom, cane, khalwat

Medicine preference, usage and health-seeking behaviour are very important in the treatment of malaria and prevention and management of drug resistance. A descriptive cross-sectional study, using a semi-structured questionnaire administered to 135 respondents, was carried out to assess antimalarial drug preference and usage among rural dwellers in Alajue, Ede, Osun State and peri-urban dwellers in Ajara, Badagry, Lagos State, Nigeria. Loss of appetite, fever, chill and rigour, headache and vomiting were the most frequently reported symptoms (83.3%, 78.6%, 71.4%, 69.0% and 64.3%, respectively). More than half (57.1%) of the respondents had their drugs prescribed by a qualified health practitioner. Sixty-eight (50.3%) respondents treated malaria with Artemisinin-based Combination Therapy (ACT) while Sulphadoxine-Pyrimethamine (SP), paracetamol and herbal medicine usage was reported by 11.9%, 9.6% and 4.4% of the respondents, respectively. Thirty-two respondents (23.7%) took nothing to treat the infection. Of them, only 64.3% completed their drugs regimen during their last episode with 35.7% reporting that fever subsided on/before day 2 of treatment and 64.3% reported that fever subsided two days post treatment. The majority (83.3%) of respondents had no adverse reaction to the drugs used (16.7% reported drowsiness, nausea, headaches and vomiting) with 64% of the respondents reporting that they will use ACT again anytime they have malaria and about 65% reported that the drug was very convenient for them (χ2 = 18.192, p = 0.001). The control of drug resistance in malaria parasites requires reducing the overall drug pressure, improving the ways the drugs are used and prescribing follow-up practices. The use of drug combinations that are not likely to foster resistance like ACT is also a good measure of resistance control. ACT would be expected to remain the key anti-malarial drug for treatment of multidrug resistance P. falciparum since there are no alternative drugs available at present.

Under Islamic law, succession is divided into inheritance (mirath) and wills (wasiyyah) with detailed rules on how the estate of a deceased Muslim should be distributed. Islamic law of succession of the Maliki school is applicable in Nigeria as part of the personal law of Muslims. The application of Islamic legal norms in the country is generally limited by the parameters set by the state. Islamic law and its administration face many challenges from the absence of a legal framework for a systematic administration of estates governed by Islamic law. Other challenges come from the cultures and social practices of the people and from international human rights law and the bill of rights in the Nigerian constitution that vary from some provisions of Islamic succession law. This article analyses the effects of the above on the following classes of beneficiaries: non-Muslims, female heirs, illegitimate children, adopted children, heirs outside the jurisdiction of the court, orphaned grandchildren, dissenting heirs whose concurrence is required, successors to deceased heirs, and the Bait ul-Mal (‘Public Treasury’). The article found that in the face of these challenges, Nigeria remains largely faithful to the Maliki School. The article suggests areas where more compliance with Islamic law is needed.

Reviewed by: Islamic Law in Contemporary Indonesia: Ideas and Institutions ed. by R. Michael Feener and Mark E Cammack Kikue Hamayotsu (bio) R. Michael Feener and Mark E. Cammack, eds. Islamic Law in Contemporary Indonesia: Ideas and Institutions. Cambridge: Harvard University Press, 2007. 325 pp. Thriving Islamic activism—as well as enduring Muslim aspirations and assertions to expand and enforce shari‛a (Islamic law)—across the Muslim world in recent decades has fascinated scholars and students of religion, society, and politics.1 Now, a number of scholars and students across disciplinary boundaries (not only classic religious studies, but also anthropology, history, law, political science, and sociology) focus their analytical attention on various patterns of religious thoughts, legal practices, and enforcement in order to gain a better empirical and theoretical knowledge pertinent to this trend. What do “Islamic law” and other associated institutions (e.g., Islamic courts and judges) look like in Indonesia? How do they differ from those found elsewhere in the Muslim world, such as Egypt, Malaysia, and Pakistan? Who makes and enforces the laws? How—and to what extent—do other non-theological factors, such as locally specific cultural, social, and political conditions, shape its development? Are the same set of laws, rules, principles, and procedures adopted and enforced similarly across the archipelago? How do Islamic laws and courts work in practice in a largely secular, multi-religious state, such as Indonesia? How much power do those Islamic institutions exert on the daily life of Muslim men and women? Despite the mounting interest in the topic, many questions still remain largely unanswered, leaving considerable empirical and theoretical lacuna in the literature. These questions are especially intriguing because Indonesia is not only the largest Muslim-majority nation, but also socially and culturally diverse—and deeply divided religiously. Moreover, the Indonesian state—and its legal institutions in particular—has been essentially secular since independence, with the regime (both autocratic and democratic) largely dominated by secular political elites up to the present day. This edited volume is a welcome contribution by leading experts and observers of Indonesia to help answer those questions. Twelve chapters authored by sixteen scholars draw upon an impressive array of both Indonesian and Arabic primary sources and data, as well as on firsthand empirical research conducted in the archipelago, to cast light on the formation of Islamic law and courts and religious authority not merely as a body of scriptural and doctrinal knowledge, but, more importantly, as it affected modern institutions. As outlined at the outset by the volume’s editors, Michael Feener and Mark Cammack, these scholars explore the major developments of various facets of Islamic law in contemporary Indonesia: Legal thought and theory— chapter 1, by Feener, and chapter 2, by Nelly van Doorn-Harder; [End Page 113] Fatwas (Islamic legal opinions) and fatwa-issuing bodies— chapter 3, by Kees van Dijk, and chapter 4, by Michael Laffan; How courts and other institutions draft and implement laws— chapter 5, by Rifyal Ka‛bah; Substantive laws on divorce and marriage— chapter 6, by Cammack, Helen Donovan, and Tim Heaton, and chapter 7, by Siti Musdah Mulia and Cammack; Administration and operation of Islamic judiciary and courts— chapter 8, by Cammack, and chapter 9, by John Bowen; Introduction and implementation of more comprehensive shari‛a in Aceh— chapter 10, by Moch. Nur Ichwan, and chapter 11, by Tim Lindsey, M. B. Hooker, Ross Clarke, and Jeremy Kingsley; and Islamic higher education— chapter 12, by Azyumardi Azra. All in all, the studies reviewed here identify and elucidate three distinctive and significant developments of Indonesian Islam, and Islamic law and legal institutions in particular. First, there has been a growing tendency to institutionalize, bureaucratize, and centralize the interpretation, adaptation, and enforcement of Islamic law as well as the administration of Islamic institutions during the last few decades, including Islamic law and courts (chapters 5, 6, 8, and 9) and Islamic universities and faculties (chapter 12). The process has occurred in various ways—and to various degrees—according to sectors and localities, as demonstrated by detailed empirical narratives presented in respective chapters. In general, however, the process seems to have been largely attributed to political factors—especially the preference and...

This study departed from the special status of Aceh as the only province in Indonesia granted specific authority to implement Islamic law through Law No. 11 of 2006 concerning the Government of Aceh. One of the manifestations of this special status is the existence of the Sharia Court, which holds the authority to adjudicate jinayah (Islamic criminal) cases, such as khalwat (close proximity between unmarried individuals), maisir (gambling), and khamar (alcohol consumption). This research aims to analyse how the Sharia Court performs its judicial function in resolving jinayah cases, the challenges it faces in practice, and the effectiveness of jinayahenforcement in fostering justice and social order. The method used is an empirical juridical approach, with data collected through interviews, document analysis, and direct observation. The findings reveal that the Sharia Court plays a significant role in enforcing Islamic criminal law in Aceh. However, the implementation of the jinayahstill faces several obstacles, particularly regarding coordination among law enforcement agencies, limited human resources, and resistance from certain segments of society toward the jinayah law. These findings suggest that the success of jinayahenforcement is not solely dependent on regulations but also on the readiness of judicial institutions, community support, and synergy among legal enforcement bodies. This study is expected to make a significant contribution to the evaluation and reinforcement of the Sharia judicial system within the framework of Aceh’s special autonomy, while offering strategic recommendations to enhance the effectiveness of Islamic law enforcement that is just and sustainable.

PurposeThe economic recession that Nigeria recently passed through caused distortions in economic and well-being of Nigerians. The purpose of this paper is to examine the effects of the economic recession on households’ demand for basic foodstuffs in Southwest Nigeria.Design/methodology/approachData were collected from 380 respondents drawn from urban areas of Lagos, Osun and Oyo states using multistage sampling technique. Descriptive statistics and Quadratic Almost Ideal Demand System were employed to analyze data collected.FindingsThe study showed sharp increase in the prices of basic foodstuffs during recession. Households were compelled to spend higher percentage of their monthly income on basic foodstuffs. Also, 51.1 percent of the respondents were government workers who experienced inconsistent or modulated monthly salary during the period. The percentage of households that were food insecure was 36.4 percent. Osun State had the highest monthly per capita expenditure (₦5,147.13) on foodstuffs, followed by Lagos and Oyo states while rice had the highest expenditure share (0.26), followed by yam (0.18), beans (0.106), vegetable oil (0.104) and garri (0.101). The breakdown also showed that 11.7, 18.1 and 17.7 percent of the total household monthly expenditures in Lagos, Osun and Oyo states, respectively, were spent on basic foodstuffs.Research limitations/implicationsThere purchasing power of naira reduced significantly during recession, thus compelled households to spend more on basic foodstuffs compared to similar purchases before economic recession.Practical implicationsThe reduction in purchasing power of naira affected the formal and informal sector. Irregular salary for civil servants reduced their expenditure on goods and services.Originality/valueThe study is original and topical, serving as literature of accounts that transpired among the households as far as demand for basic foodstuffs is concerned during the economic recession.

The study established the relationship between location of schools and private costs (cost of transportation, feeding, books and uniform) of secondary education in Oyo and Osun States, Nigeria. It also investigated the difference in the private cost of secondary education in urban and rural secondary schools and the parameters employed to site secondary schools in the two states under study. The study adopted a descriptive survey research design. The population of the study consisted of all the senior secondary school III (SSS3) students in all the 63 local government areas in both Oyo and Osun states (Oyo and Osun states are made up of 33 and 30 local government areas respectively). The sample of the study comprised 2,000 SSSIII students (1,040 from Oyo state and 960 from Osun state) from 100 secondary schools (52 from Oyo state and 48 from Osun state) in 32 Local Government Areas (LGAs) of the two states under study (17 LGAs from Oyo state and 15 LGAs from Osun state). The selection of the students, schools and local government areas was based on Probability Proportional to Size (PPS) sampling method. The instrument used for data collection is a questionnaire titled “Students’ Questionnaire on Secondary School Location and Private Cost” (SQSSLPC). Seven null hypotheses were formulated to guide the study. The results of the study showed that location of secondary schools and private cost of secondary education were not significantly related (χ2 =0.8896, table value = 3.84, df = 1, P > 0.05) and there was no significant difference in the private cost of secondary education between urban and rural secondary schools (t-cal, -1.23 < t-crit, 1.96, df = 1,992). The study concludes that educational planners have essential roles to play in the process of locating secondary schools in the states.

Morphological features of chicken genetic resources must be carefully identified and considered in developing breeding strategies. The study was carried out to determine the frequencies of morphological features in indigenous chickens of South-Western Nigeria, using Lagos, Ogun, Osun and Oyo States as case study. Five major chicken markets (Mushin in Lagos State, Itoku and Ipokia in Ogun State, Olu-ode in Osun State and Molete in Oyo State) were used as study locations and three thousand, three hundred and thirteen chickens were observed in the five locations. Ipokia had the highest number (1,549) of chickens and Molete had the least (307) number of chickens. The traits observed included: feather structure, feather distribution, feather morphology, plumage colour, ear lobe colour, skin colour and shank colour. The data collected were subjected to descriptive statistics and inferential statistical analysis was also done for the results using chi-square test. It was observed that for those traits that recorded significant variation, there had been selection for these traits due to the high market value attached to them by attaching preference to some of its variants which were observed. Knowledge and well documentation of the potentials of indigenous chickens can help provide crucial information for a comprehensive breeding policy and full utilization of the animal.

Before the 1945 Constitution came into force , law marriage and inheritance already applied for Indonesian Muslims . Condition Islamic society in Indonesia which is the majority is very possible enforcement and enforcement Islamic law . With application expected Islamic law crisis multidimensional happening _ could handled by the State. order values Islamic law applies in a manner intact in society , then values that Islamic law must poured in form law . History records that presence Islamic organizations such as Sarekat Islam (SI), Muhammadiyah, Nahdhatul Ulama (NU) and MUI are very influential to birth sharia rules that have there is moment this . So this post discuss how role internal Islamic organizations implementation and development Islamic law in order to be able to enforced by the national Islamic society .

This research discusses the phenomena on Islamic Criminal Law enforcement by applying whipping in the perspective of justice and human rights. Analysis is based on empirical research result in Nangroe Aceh Darussalam using socio-legal approach. Research data includes regulation related to Islamic Law enforcement and dynamic thought of the actors involved in the enforcement of Islamic Law. The research result shows that the competency of sharia court is limited to some criminal conduct regulated in qanun. Competency is limited to the Islam citizen. Key words : Syaria’ court, criminal act, voluntary self submission