AN APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION IN KADUNA, KANO AND KEBBI STATES
AN APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION IN KADUNA, KANO AND KEBBI STATES
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Date
2015-07
Authors
AMINU, ASMA’U SANI
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Abstract
ABSTRACT
Gift is a concept which every individual is engaged in willingly or unwillingly, either as a
donor or recipient which has become part of the daily transactions of the society. The
nature of gift has been conceived by scholars from different perspective creating
divergence of opinion and application of these principles. The work is aimed at
examining the comprehensiveness of the principles of Islamic Law relating to gift vis-à-
vis the opinion of the four schools of thought and the application of these principles based
on Maliki School in Northern Nigeria. This research was conducted by consulting
classical literature(s) to deduce the principles relating to this concept. While court cases
were used to showcase the legal application of the concept. Similarly, the Shari’a Court
Establishment Laws of the chosen states conferred on the Shari’a Courts and the Shari’a
Court of Appeal jurisdiction to entertain matters pertaining to gift. However the extent of
the jurisdiction of the Shari‟a Court of Appeal comes into limelight when the subject
matter of the gift is land or property attached to land. Therefore it could be said that
although exclusive jurisdiction in all matters involving gift is conferred on the Courts, it
is with limitation. Hence, there is the need for the amendment of the Constitutional
provisions conferring jurisdiction on these Courts.
Chapter one focuses on the general background of the study. It also examines the research
problem, aims and objectives of the research, justification, scope, methodology, literature
review and organizational layout. Chapter two analyzes the various definitions of a gift,
nature and kinds of gift. Chapter three discusses the essentials of a gift, the concept
delivery and revocation of a gift. Chapter four examines the Laws conferring jurisdiction
on Shari’a Courts and Shari’a Court of Appeal to entertain matters involving gift. It also
analyzes the applicable principles in court proceedings.
Chapter five concludes the research by showcasing the limitation of the jurisdiction of the
courts and the recommended ways of enhancing it.
Description
A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE
STUDIES, AHMADU BELLO UNIVERSITY, ZARIA, IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF
MASTER OF LAWS DEGREE - LLM
DEPARTMENT OF ISLAMIC LAW,
FACULTY OF LAW,
AHMADU BELLO UNIVERSITY, ZARIA
NIGERIA.
Keywords
APPRAISAL, PRINCIPLES, GIFT (HIBAH), LAW, ISLAMIC, APPLICATION, KADUNA, KANO, KEBBI