AN APPRAISAL OF THE DOCTRINE OF HAUZI IN ISLAMIC LAW
AN APPRAISAL OF THE DOCTRINE OF HAUZI IN ISLAMIC LAW
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Date
2021-01
Authors
SHEHU, Abubakar Tijjani
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Abstract
Hauzi is deemed as a principle that gives title to a holder of property for long period enjoying
its benefit in his capacity as the owner. It is among the lawful means of acquiring ownership
of property recognised by Islamic law. This research work An Appraisal of the doctrine of
Hauzi in Islamic law is designed to examine the practice of Hauzi in the light of Maliki School
of law in Sharia Courts. Some individual(s) are not fully aware of Hauzi. Also it seems that
there are some conflicting crises among judges in application of Hauzi. Two methodologies
were used in conducting the research doctrinal and empirical. The result obtained indicates
that, the doctrine of Hauzi is being practiced in the light of Maliki School of law in the Sharia
Courts. Also the level of awareness of Hauzi among individual(s) is very insignificant.
Similarly, the conflicting crises among judges are; the defendant wont explains the cause of
his/her possession, while the claimant presents evidences and witnesses before the court. It is
recommended that, individual(s) should attend Sharia court's session as audience to enable
them ascertain the practice of Maliki law particularly on Hauzi. It is also recommended that,
judges should carefully examine the facts of a situation in any case in order to find out the
truth of it, thus enable them strictly use the applicable law in their decision. It is further
recommended that, Ulama' legal practitioners academicians students of law etc. should
significantly contribute in developing awareness of legal matters among individual(s) in their
various locality through discourse, public lectures, programs on legal matters in Medias etc.
so that conflict on landed property may drastically be reduced.
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
DOCTRINE OF HAUZI,, ISLAMIC LAW