Yusuph, Ismael Funsho
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Decoupling Jihad from Boko-Haram Insurgency: A Critical Analysis of Misconceptions and Realities in Nigeria Yusuph, Ismael Funsho; Abdulraheem, Taofeeq Abolaji; Abdulazeez, Abdurrozaq Opeyemi
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 1, JUNE 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.55536

Abstract

The concept of Jihad is an essential Islamic doctrine often misrepresented and misunderstood, particularly in contemporary discourse. Jihad has a well-defined framework in Islamic law but insurgent groups such as Jama’atu Ahlis Sunnah Lida’awati wal Jihad in Nigeria, popularly known as Boko-Haram, claim to act under its banner. The situation raises concerns about the distortion of Jihad and subsequent conflation with insurgency. Therefore, this study aimed to critically examine the principles of Jihad under Islamic law and determine the possible connection to the activities of Boko-Haram. The analysis of misconceptions surrounding Jihad was to clarify its distinction from insurgency. This was achieved through the adoption of a qualitative method to analyze the classical and contemporary Islamic legal texts in order to establish the parameters of Jihad. Moreover, the principles were compared with the actions of Boko-Haram to determine whether their claims could be substantiated in Islamic jurisprudence. The results showed that the activities of Boko-Haram were not in line with the principles of Jihad as prescribed in Islamic law. However, their actions reflected the characteristics of insurgency which negated the ethical and legal framework of Jihad rooted in justice, equity, and moral conduct. This study contributed to the discourse on Jihad by systematically distinguishing the concept from insurgency through Islamic legal principles, offering a scholarly response to contemporary misinterpretations. The analysis further served as a foundation for future studies on religious misinterpretations in justifying violence and could also inform policy formulation, counter-radicalization tactics, and public awareness initiatives.
Human Remains Disposal and Ritual Killings in Nigeria: A Comparative Analysis of Nigerian Criminal Law and Islamic Legal Principles Yusuph, Ismael Funsho; O. Afolabi, Solomon; Taofeeq Abolaji, Abdulraheem
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, JUNI 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.60951

Abstract

The right to life and the dignity of the human person are protected under Nigerian law and Islamic jurisprudence. Nonetheless, Nigeria continues to witness a disturbing rise in ritual killings, often accompanied by mutilation and the degrading disposal of corpses in bushes, rivers, shallow graves, and refuse sites. While homicide is clearly criminalised, Nigerian criminal law, particularly under the Penal Code, contains weak, fragmented, or absent provisions regulating the disposal of human remains, thereby creating enforcement gaps that impede effective investigation and prosecution. This study adopts a doctrinal and comparative legal methodology by analysing relevant provisions of Nigerian criminal law, including the Criminal Code, the Penal Code, and selected state legislation, alongside classical and contemporary Islamic legal principles governing the treatment and burial of the dead. Judicial decisions, statutory texts, and secondary literature are examined to assess normative standards and enforcement implications. The study finds that Nigerian law inadequately addresses the offence of improper disposal of corpses, treating it, at best, as peripheral misconduct rather than as a distinct and serious crime. In contrast, Islamic law imposes strict obligations of prompt and respectful burial and prescribes discretionary or aggravated sanctions where post-mortem dignity is violated. This article contributes to existing scholarship by systematically identifying legal gaps in Nigeria’s corpse disposal regime and demonstrating, through comparative analysis, how Islamic legal principles offer a coherent normative framework for protecting post-mortem dignity, thereby providing a principled basis for reform discussions within Nigeria’s plural legal system, particularly in addressing ritual killings and related investigative challenges.