scholarly journals The Status of Shari’ah in the Nigerian Legal Education: An Appraisal of the Role of Madaris

2016 ◽  
Author(s):  
Ibrahim Abikan Abdulqadir ◽  
Hussein Ahmad Folorunsho

The stiff competition between the English Common Law and the Shari'ah (Islamic Law) throughout the colonial administration in Nigeria to date, has created a gap between the need for expertise in Shari'ah in the nation’s social and judicio-legal environment and the level of training provided by the Nigerian legal education system. This article studies the gap and contends that the Shari'ah content of the curriculum of the institutions offering Common and Islamic Law in particular, is not sufficient to enable its graduates to suitably handle the legion of Islamic legal matters in all levels of courts and other social services in the country. The madaris (Islamic Basic Schools) that should provide basic education to the LL.B Shari'ah or LL.B Common and Islamic law students are disintegrated from the mainstream of the admission requirements for the undergraduate degree programs. It concludes that unless the string between the madÉris and the degree awarding institutions is connected, great disservice will continue to be done not only to the Islamic legal and judicial system but also to the cause of justice.

2019 ◽  
Vol 3 (1-2) ◽  
pp. 30-63
Author(s):  
Ayman Shabana

Abstract This paper examines modern juristic discussions on the concept of custom in light of the proceedings of the fifth session of the International Islamic Fiqh Academy, which was held in 1988. It shows the extent to which these discussions not only address the role of custom in the derivation of Islamic law and its place in the Islamic legal tradition, but also reflect the impact of modern positive legislations on modern conceptualizations of Sharīʿa and how it has been constructed in the wake of the modern legal reform movement. In particular, the framing of custom in some civil codes as an independent legal source marked a significant development and created tension between Sharīʿa and modern legal codes. This perceived tension has, in turn, inspired efforts to reaffirm the primacy of Sharīʿa and demands for its implementation. While these discussions demonstrate how Muslim scholars situate Sharīʿa within national legal structures, they also show the role of juristic councils, such as the International Islamic Fiqh Academy, in the development of a transnational juristic discourse that transcends the boundaries of the nation state.


2012 ◽  
Vol 20 (1) ◽  
Author(s):  
B. C. Nirmal

This article makes some observations about legal education in India by locating it within a wider context of legal education reform that is taking place in Law Schools across the world in the wake of globalizationled and globalization-induced changes in the nature and needs of legal profession. For being both intellectually challenging and professionally relevant, legal education should be more responsible than ever before to the legal needs of the community national as well as international , and the learning needs of students to become professionally competent to play their role in an increasingly transnationalized legal service market. Any effort to restructure and reorient legal education to attain these goals will be an uphill task for any school. This article begins with exploring the implications of globalization for legal education and then turns to nature, aims and objectives of legal education. The article then looks at the possible changes required to be made in the existing curriculum for undergraduate law students in order to make the legal education more relevant and meaningful for its consumers. The focus then shifts to issues concerning methods of teaching, clinical experience and assessment of students. This article then considers issues arising from the proposal of the Bar Council of India to reduce the period of Masters programme and then builds a strong case for strengthening a research tradition in Law Schools. The focus then shifts to measures that are necessary to attract and retain better faculty and also to the regulatory role of the Bar Council of India in the field of legal education. The article concludes with some reflections on the promise of a different vision of legal education.


2015 ◽  
Vol 14 (1) ◽  
Author(s):  
Kyria Rebeca Finardi ◽  
Maria Carolina Porcino

Resumo O objetivo deste artigo é refletir acerca do papel do inglês na educação brasileira contemporânea. O estudo revisa políticas linguísticas e de internacionalização sugerindo que há uma tensão entre o papel formador e o papel instrumental da língua inglesa na educação atual. A fim de subsidiar a reflexão proposta, o estudo analisa dados de dois questionários com perguntas relacionadas ao ensino e à aprendizagem de línguas estrangeiras no Brasil. Utilizou-se uma metodologia híbrida analisando dados quantitativos e qualitativos dos questionários respondidos por 65 participantes, sendo 43 estudantes do ensino médio de uma comunidade capixaba de imigrantes pomeranos e 22 professores de inglês. A análise dos questionários sugere que os brasileiros querem aprender inglês como língua estrangeira e veem esse idioma como tendo status de língua internacional. Os resultados mostram que a maior diferença entre o ensino desse idioma no Brasil está nos seus papeis ora formador (na educação básica) ora instrumental (nos cursos livres e programas de internacionalização), confirmando a hipótese levantada na análise das políticas linguísticas de que há uma tensão entre os papeis formador e instrumental do inglês na educação brasileira. Palavras-chave: Formação. Internacionalização. Educação. Papel do inglês.   Abstract This paper aims at reflecting on the role of English in contemporary Brazilian education. The study reviews language and internationalization policies suggesting that there is a tension between the formative role and the instrumental role of English in education today. In order to subsidize the proposed reflection, the study analyzes data from two questionnaires with questions related to teaching and learning foreign languages in Brazil. A hybrid methodology was used to analyze quantitative and qualitative data from the questionnaires answered by 65 participants of whom 43 were high school students from a community with Pomeranian immigrants and 22 were English teachers. The analysis of the questionnaires suggests that Brazilians want to learn English as a foreign language and see that language as having the status of an international language. Results show that the main difference between the teaching of this language in Brazil is related to its formative role (in basic education) and its instrumental role (in private language institutes and international programs), confirming the hypothesis raised in the analysis of language policies that there is a tension between the formative and instrumental roles of English in Brazilian education. Keywords: Formation. Internationalization. Education. Role of English.


Author(s):  
Vadim M. Shneider ◽  

The article considers issues related to the status and role of the Russian language in the post-Soviet space. It is emphasized that Russian language remains one of the main factors that still unites the countries of the post-Soviet region, different from a socio-cultural point of view. The author pays special attention to the study of the Russian language in schools. It is noted that in a number of states in the region, the Russian language is compul- sory for learning. These countries include Belarus, Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, Armenia and Azerbaijan. In Ukraine, Georgia, Moldo- va, Latvia, Lithuania, Estonia and Turkmenistan, Russian language is taught in secondary schools as a second foreign language. The author emphasizes that language policy does not always correspond to the language environment, which develops naturally and depends on a number of socio-cultural factors. In this regard, the author considers in detail the linguistic situation in each of the countries of the post-Soviet space. In the final part of the article, the author emphasizes that the prospects for studying the Russian language in the post-Soviet countries depend on various factors: the level of training of teachers, the demand for the Russian language, the preservation of the Rus- sian-speaking environment and the pursuit of a flexible language policy.


2020 ◽  
Vol 3 (1) ◽  
pp. 11-27
Author(s):  
Olagunju-Ibrahim R Olawale ◽  
Olokooba S Muhammed ◽  
Solomon O Afolabi

Set on historical context, this paper examines generally the problems hindering the effective learning of Islamic Law (Sharīʻah) in the citadels of learning in Nigeria. In doing this, the paper highlights the history of legal education especially, the high level of teaching and learning of Islamic Law in the pre-colonial Nigeria and the contemporary problems facing quality Islamic legal education due to colonial antipathy for Islamic Law as well as shortcomings in the content of Sharīʻah law curriculum of the Nigerian legal education system. Using doctrinal research method, the paper finds that scanty contents of the Sharīʻah law courses taught to combined law students in Nigerian universities go contrary to the aims and objectives of the founding fathers of the Islamic legal education in Nigeria. To achieve a turn round and improve the situation, the paper recommends the need for overhauling of the contents of all Islamic Law courses in the Nigerian Universities.


2021 ◽  
pp. 110-123
Author(s):  
Yana Sitnikova ◽  
Nataliya Nikolenko

This article analyzes the processes of development of the social service market, which is part of the social protection system. Through a comparative analysis of the Soviet and Russian models of social services, the authors conclude that the modern system, while partially retaining some characteristics of the Soviet system, is transforming and acquiring new specific features. Based on the generalization of the results of the authors' comprehensive sociological research using quantitative and qualitative methods (questionnaire survey, in-depth interviews, content analysis), the innovative practices of working with consumers (recipients) of social services, which social efficiency in the conditions of the COVID-19 pandemic was noted by respondents, used by NCOs operating in the social services market. Despite the complexity of objective circumstances faced by organizations, regional NCOs still managed to maintain the quality of social services provided in both online and offline formats at a level that meets the needs of recipients. The prospects for the development of SO NPOs are connected not only with the creation and implementation of innovative technologies and practices, but also depend on strengthening the personnel composition of employees through the development and subsequent implementation of proposals for protecting their health and improving professional competencies by creating conditions for training, advanced training and mastering new specialties. The article notes the important role of regional media in covering the activities of NGOs in the difficult period of the spread of coronavirus infection and the establishment of a forced regime of social isolation. An analysis of video materials broadcast on official channels of Volgograd television is given, which contributed to strengthening the status of NGOs as competitive providers of quality social services. It is predicted that the experience gained during the "pandemic" period will be used by NGOs in their day-to-day activities in the future.


2016 ◽  
Vol 6 (2) ◽  
pp. 53
Author(s):  
Amri P Sihotang ◽  
Doddy Kridasaksana ◽  
A.Heru Nuswanto

<p>Posisi perempuan di mata hukum saat ini belum mendapatkan tempat yang menguntungkan. Walaupun perempuan sudah mempunyai status sosial yang cukup mulia, tetapi mereka masih perlu mendapatkan pemahaman yang lebih tentang sosial, politik dan hukum.Keadaan ini juga sangat berpengaruh terhadap kaum perempuan yang menuntut pelepasan diri dari nilai-nilai hukum yang bersifat diskriminatif antara, peran, hak, dan kewenangan kaum lelaki dibanding dengan kaum perempuan. Mereka berpendapat bahwa hukum  itu tidak memberi peran hak dan derajat yang sama antara pria dengan perempuan dalam kehidupan, sosial budaya, politik,ekonomi dan juga dalam kehidupan rumah tangga serta harta perkawinan dan warisan.Berpijak dari yang telah diuraikan penelitian iniakan mengkaji bagaimanakah  Kedudukan Janda  Cerai Mati  pada masyarakat bagaimanakah Perlindungan HukumTerhadapKedudukanJanda  Cerai MatiMenurut Hukum Islam, Undang-Undang Perkawinan, danHukum Nasrani yang BerbasisNilaiKeadilan.TujuanPenelitianUntuk mengetahui bagaimana kedudukan Janda cerai mati pada Masyarakat danUntuk mengetahui bagaimana perlindungan hokum terhadap janda cerai mati menurut hukum Islam, Undang-Undang Perkawinan, danHukum Nasrani yang Berbasis Keadian.Metode pendekatan yang dipakai dalam penelitian ini adalah metode yuridis normatif. Kedudukan janda cerai mati disebagian masyarakat masih dipandang cenderung negatif. Budaya Patriarki yang dianut dalam masyarakat seakan mengakibatkan posisi janda ditempatkan dalam posisi rendah dibandingkan dengan mereka yang bersuami. Perlindungan hukum terhadap kedudukan janda memiliki konsep yang berbeda-beda.</p><p> </p><p>Position woman in the eyes of the previous law are currently favorable for Places Not to get. Although Women Already have Social Status Sufficient noble, but they Still Need to get a greater understanding of the social, political and singer hukum.Keadaan Also very influential Against Women Yang demanded the Company Company Yourself From Values That law is discriminatory BETWEEN, Role, rights, and authority of men compared to women. They argue that the role of the law WAS NOT Giving equal rights and degrees The man BETWEEN THE Women hearts of life, social, cultural, political, economic and domestic life hearts Also And Marriage And warisan.Berpijak treasure of which has been described iniakan study examines how the Status Widow Divorced dead ON 'community how divorce MatiMenurut HukumTerhadapKedudukanJanda Protection of Islamic Law, Marriage Law, Christian danHukum The BerbasisNilaiKeadilan.TujuanPenelitianUntuk know how to position ON society widow die divorce danUntuk know how legal protection against divorcee die * According to Islamic law, the Marriage Act, The Christian danHukum Keadian.Metode based Research approach The Singer Was used hearts normative method. Position divorcee die disebagian 'society is still seen tend to be negative. The patriarchal culture embraced hearts' As if society resulted POSITION POSITION hearts widow placed more low compared to those who get married. Legal protection against notch widow has different concept.</p>


2017 ◽  
Vol 5 (1) ◽  
pp. 88-98
Author(s):  
Olanike S. Adelakun-Odewale

Very few faculties of law in Nigerian universities that offer law programme have established law clinics that offer live-client services to the public as part of their legal education training. Across the border, clinical legal education is gaining more popularity by the day as a tool to imbibe the necessary skills in students to become sound legal practitioners. This article assesses the impact of law clinics on the skills of law students to enable them handle effectively the demands of the legal profession. The article analyses the correlation between law clinics that provide services to live clients and the skills acquired vis-à-vis the performance of student clinicians. The article recommends the need to integrate live-client law clinics into the mainstream legal education system in Nigeria.


1982 ◽  
Vol 10 (1) ◽  
pp. 57-79 ◽  
Author(s):  
Lawrence Dubin

A significant conflict in the lives of lawyers is the balancing act between the competing needs for personal and professional fulfillment. Legal education and the realities of law practice have further exacerbated this dilemma. The author examines how legal education adversely affects its students in this regard, and offers suggestions for helping law students to meet the challenge of effectively balancing personal and professional pursuits.


2018 ◽  
Vol 1 (2) ◽  
pp. 135 ◽  
Author(s):  
Fajri Matahati Muhammadin ◽  
Hanindito Danusatya

The Indonesian legal system is not secular, but the legal education in non-Islamic universities are secular. This article will highlight the �Introduction to Jurisprudence� course (ITJ) at law undergraduate programs. More specifically, one chapter will be analyzed i.e. �Classification of Norms� because it is an early fundamental chapter in ITJ which shapes the jurisprudential reasoning of the law students. This article uses a literature study to observe the most used textbooks for the (ITJ) course in the top law schools in Indonesia. It will be found that the approached used by these textbooks are secular and incompatible with the Indonesian non-secular legal system. Islamization of knowledge is needed to �de-secularize� this �Classification of Norms� chapter.


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