Legal Principles – Nigerian LawCompass

Islamic Law Important

ISLAMIC LAW – Procedure – Grant of Reliefs Limited to Claims before the Court

"A court is only entitled to decide the issues raised on the claims before it and has no jurisdiction to decide matters not in issue."

Islamic Law Important

ISLAMIC LAW – Evidence – Competence of Parties as Witnesses

"Under Islamic law, unlike English law, parties are not competent witnesses in their respective claims, hence their statements in court would not be regarded as evidence, but something akin to...

Islamic Law Important

ISLAMIC LAW – Estate of a Missing Person (Mafqud) – Burden of Proof

"Whoever claims ownership in fee simple of a property in the possession of another and alleges that it is part of the estate he has inherited, the person in possession...

Islamic Law Important

ISLAMIC LAW – Paternity (Nasab) – Proof under Maliki Law

"A child's paternity or affinity is not considered through physical resemblance but by consideration of the period within which the child is born after consummation of the marriage of his...

Islamic Law Important

ISLAMIC LAW – Inheritance (Fara’id) – Conditions for Opening an Inheritance

"The door of inheritance only opens on the fulfilment of two fundamental conditions namely, proof of death of the praepositus and the survival of an heir."

Islamic Law Important

JURISDICTION – Sharia Court of Appeal – No Jurisdiction Over Judgments Delivered Before Its Establishment

"The Sharia Court of Appeal has no power whatsoever to set aside the judgment of a court which when it was delivered the Sharia Court of Appeal had not been...

Evidence Law Important

EVIDENCE LAW – Islamic Law – Evidence of Two Witnesses Preferred Over One Witness with Complementary Oath

"The evidence of two acceptable witnesses adduced by one side of the parties to the litigation shall be preferred to the evidence of one acceptable witness called by the other...

Islamic Law Important

JURISDICTION – Nature of Claim – Distinction Between Title Disputes and Inheritance Questions Under Islamic Law

"Where a plaintiff's claim is simply for the return of specific property allegedly left in the care of the defendant's predecessor, and the defendant asserts absolute ownership by inheritance, the...

Constitutional Law Important

CONSTITUTIONAL LAW — Jurisdiction — Constitutional and Islamic Law — Matters Not Enumerated as Islamic Personal Law Within High Court’s Jurisdiction

"The islamic personal law (must be of maliki school) governing matters enumerated in s. 262 of the constitution of 1999 and s. 242 of 1979 constitution. Therefore what is being...

Islamic Law Important

ISLAMIC LAW – Procedure – Grant of Reliefs Limited to Claims before the Court

ISLAMIC LAW – Evidence – Competence of Parties as Witnesses

ISLAMIC LAW – Estate of a Missing Person (Mafqud) – Burden of Proof

ISLAMIC LAW – Paternity (Nasab) – Proof under Maliki Law

ISLAMIC LAW – Inheritance (Fara’id) – Conditions for Opening an Inheritance

JURISDICTION – Sharia Court of Appeal – No Jurisdiction Over Judgments Delivered Before Its Establishment

EVIDENCE LAW – Islamic Law – Evidence of Two Witnesses Preferred Over One Witness with Complementary Oath

JURISDICTION – Nature of Claim – Distinction Between Title Disputes and Inheritance Questions Under Islamic Law

CONSTITUTIONAL LAW — Jurisdiction — Constitutional and Islamic Law — Matters Not Enumerated as Islamic Personal Law Within High Court’s Jurisdiction

ISLAMIC LAW – Sharia Courts Jurisdiction – Designation of Parties – Judge’s Discretion to Determine Plaintiff

ISLAMIC LAW – Islamic Evidence – Proof of Predecease – Standard of Proof Required

ISLAMIC LAW – Islamic Evidence – Burden of Proof – Failure to Furnish Complete Judicial Proof Requires Oath of Rebuttal