A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria

A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria

This paper reveals the Supreme Court's declaration of jurisdiction in Imamship disputes in Nigeria as being vested in the High Court, as done in the case of Abdulsalam v Salawu, as a demonstration of judicial misconception of mosque disputes in Islamic personal law matters vests in the Sharia C...

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Main Authors: Syed Abdul Kader, Sharifah Zubaidah, Ishola, Abdullahi Saliu
Format: Article
Language:English
Published: Miyetti Research and Publications 2017
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/57073/
http://irep.iium.edu.my/57073/
http://irep.iium.edu.my/57073/6/57073.pdf
id iium-57073
recordtype eprints
spelling iium-570732017-05-26T01:05:55Z http://irep.iium.edu.my/57073/ A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria Syed Abdul Kader, Sharifah Zubaidah Ishola, Abdullahi Saliu K Law (General) This paper reveals the Supreme Court's declaration of jurisdiction in Imamship disputes in Nigeria as being vested in the High Court, as done in the case of Abdulsalam v Salawu, as a demonstration of judicial misconception of mosque disputes in Islamic personal law matters vests in the Sharia Court of Appeal and its correspondent lower court respectively and with waqf being an Islamic personal law matter, it is not yet understood that Mosque is Waqf in Islamic law and mosque disputes are a conflict over waqf management. Accordingly, adopting the doctrinal legal research methodology and the context analysis technique, this paper undergoes a critique of the case of Abdulsalam and explains why the Supreme Court got it wrong in its decision. Even though the case should have a binding force on all other courts till reviewed by the Supreme Court, the legal technique by which the case can be jettisoned ids clarified for use pending such reviews. Miyetti Research and Publications 2017-03 Article PeerReviewed application/pdf en http://irep.iium.edu.my/57073/6/57073.pdf Syed Abdul Kader, Sharifah Zubaidah and Ishola, Abdullahi Saliu (2017) A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria. Miyetti Quarterly Law Review, 2 (1). pp. 123-147. ISSN 2536-7803 E-ISSN 2536-7811 http://miyettiquarterlylawreview.com/
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
spellingShingle K Law (General)
Syed Abdul Kader, Sharifah Zubaidah
Ishola, Abdullahi Saliu
A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
description This paper reveals the Supreme Court's declaration of jurisdiction in Imamship disputes in Nigeria as being vested in the High Court, as done in the case of Abdulsalam v Salawu, as a demonstration of judicial misconception of mosque disputes in Islamic personal law matters vests in the Sharia Court of Appeal and its correspondent lower court respectively and with waqf being an Islamic personal law matter, it is not yet understood that Mosque is Waqf in Islamic law and mosque disputes are a conflict over waqf management. Accordingly, adopting the doctrinal legal research methodology and the context analysis technique, this paper undergoes a critique of the case of Abdulsalam and explains why the Supreme Court got it wrong in its decision. Even though the case should have a binding force on all other courts till reviewed by the Supreme Court, the legal technique by which the case can be jettisoned ids clarified for use pending such reviews.
format Article
author Syed Abdul Kader, Sharifah Zubaidah
Ishola, Abdullahi Saliu
author_facet Syed Abdul Kader, Sharifah Zubaidah
Ishola, Abdullahi Saliu
author_sort Syed Abdul Kader, Sharifah Zubaidah
title A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
title_short A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
title_full A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
title_fullStr A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
title_full_unstemmed A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
title_sort judicial misconception of mosque disputes in common law jurisdiction: the supreme court's declaration of high court's jurisdiction in imamship disputes in nigeria
publisher Miyetti Research and Publications
publishDate 2017
url http://irep.iium.edu.my/57073/
http://irep.iium.edu.my/57073/
http://irep.iium.edu.my/57073/6/57073.pdf
first_indexed 2023-09-18T21:20:37Z
last_indexed 2023-09-18T21:20:37Z
_version_ 1777411857080909824

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