Garuda - Garba Rujukan Digital

Decolonizing Sustainability: Integrating Islamic Legal Pluralism into Post-2030 Agendas Muhammad jibril, Abubakar
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1229

The international sustainability agenda, founded upon the UN 2030 Sustainable Development Goals and subsequent COP climate agreements, is ever more reproached for institutionalizing colonial technocratic frameworks that sideline local epistemologies. This research formulates a decolonial approach to incorporate Islamic legal pluralism, specifically Maliki fiqh ideals and Quranic khalīfah (stewardship), mīzān (balance), and fasād (corruption) concepts into post‑2030 sustainability agendas in Nigeria. Using a qualitative doctrinal and document-based method, we examine primary legal texts (the Nigerian Land Use Act; state Sharia codes), classical fiqh texts, international policy documents, and grey literature, including religious declarations. We find that Islamic institutions (waqf endowments, zakat councils, Sharia courts) are communal governance structures embracing environmental stewardship and social justice, yet under-engaged in national policy. We trace pathways for legal reform, such as the amendment of land tenure legislation to protect waqf lands, and institutional innovation, such as "green zakat" funds and specialized Sharia benches for environmental cases. By bringing epistemic justice and cultural legitimacy to the fore, our model carries theoretical as well as practical implications: it enriches decolonial sustainability studies through an Islamic environmental jurisprudence lens and suggests actionable models for harmonizing Nigeria's plural legal heritage with global sustainability ambitions. Comparative studies in other Muslim-majority contexts are welcome.

AI-Enhanced Criminal Investigations and Ḥudūd Offenses: A Sharīʿah Compliance Framework Muhammad Jibril, Abubakar; Abdulmudallib Bello, Rabiu; Abubakar, Abbas
Alauddin Law Development Journal (ALDEV) Vol 7 No 2 (2025): The Development of Law Enforcement in the Artificial Intelligence Era
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v7i2.56748

The article examines the interface of Islamic law and emerging AI technology in criminal investigation. It takes the legal normative doctrinal approach to examine predictive policing and facial recognition against Qurʾānic evidentiary and confessionary requirements. The analysis identifies a fundamental doctrinal tension: machine-generated evidence cannot substitute for the traditional proof Sharīʿah requires. A hybrid model is proposed on the grounds of maqāṣid al-Sharīʿah, granting artificial intelligence secondary, not primary, evidence status. Safeguards include judicial oversight, open algorithms, accountability, enforcement of data protection law, and an outright prohibition on AI input where uncertainty persists. The model operates within Islamic legal doctrine, conforming to technological advancement while upholding the Qurʾān's overarching commitment to justice. The study illustrates that the ethical frameworks underlying the development and deployment of AI can be consonant with Islamic teaching, specifically the values of justice and common good in the Qurʾān and related jurisprudence.

Hybridizing Due Diligence: Governing Human Rights Risks in Nigeria's Informal Economy Through Ground-Up Governance Muhammad jibril, Abubakar; Rabiu Abdulmudallib Bello
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar

This article discusses how human rights due diligence can be operationalized in Nigeria's large informal economy using a hybrid governance approach. Applying a normative legal approach, we examine Nigeria's statute law, policy, and institutional stipulations (e.g., the 1999 Constitution and National Human Rights Commission Act), alongside recent policy documents like the National Action Plan (NAP) on Business and Human Rights (adopted in 2023) and attendant human rights strategies. We evaluate shortcomings of the existing top-down strategy, observing that formal business regulations and labour laws have the effect of excluding unregistered businesses and family enterprises, and outline the specific dilemmas of informal players. Pointing to examples such as the FIWON cooperative of street-level traders and local savings plans, we turn to "ground-up" governance institutions to complete state law. We discover that the presence of grassroots organizations and norms (e.g., workers’ cooperatives, market associations, and local leadership structures) can enhance accountability in the presence of weak formal enforcement. The article ends with reform proposals: legal reform to bring informal workers within the ambit of protection, formal recognition and support to community-based organizations, and formal collaboration between state regulators and grassroots networks. These actions would assist in closing the gap between Nigeria's HRDD goals and the situation of its informal sector.

Operationalizing Maqāṣid al-Sharīʿah in Islamic Finance: Pathways to Poverty Alleviation and Sustainable Development Muhammad Jibril, Abubakar
Journal of Islamic Economics (JoIE) Vol. 5 No. 2 (2025)
Publisher : Prodi Ekonomi Syariah Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/joie.v5i2.12145

This article examines how maqāṣid al-sharīʿah (the higher objectives of Islamic law) can be operationalized within Islamic finance to advance poverty alleviation and sustainable development. While existing s cholarship extensively theorizes maqāṣid compliance, it remains largely normative and offers limited empirical guidance on how Islamic financial instruments translate maqāṣid principles into measurable socio-economic outcomes. Drawing on the classical frameworks of al-Ghazālī and al-Shāṭibī and engaging contemporary development policy discourse, the study analyzes how the five maqāṣid protection of religion, life, intellect, lineage, and property can inform ethical and impact-oriented financial reform. Methodologically, the study adopts a qualitative integrative approach combining doctrinal legal analysis, policy review, and comparative case studies of Islamic finance practices in Malaysia, Ethiopia, and Indonesia, with data drawn from statutes, regulatory frameworks, institutional reports, and scholarly literature, analyzed through thematic and comparative techniques. The findings indicate that (i) zakāt and waqf schemes contribute to the protection of life and intellect through access to health care and education, (ii) takaful mechanisms strengthen lineage and social security by mitigating household vulnerability, and (iii) maqāṣid-oriented microfinance enhances protection of property by promoting equitable wealth circulation. The article contributes original value by moving beyond formal Sharīʿah compliance to propose a maqāṣid-based evaluative lens that links Islamic financial governance to concrete development outcomes, positioning Islamic finance as a viable framework for justice-centered and sustainable economic transformation. maqāṣid-oriented microfinance enhances protection of property by promoting equitable wealth circulation. The article contributes original value by moving beyond formal Sharīʿah compliance to propose a maqāṣid-based evaluative lens that links Islamic financial governance to concrete development outcomes, positioning Islamic finance as a viable framework for justice-centered and sustainable economic transformation.

Decolonizing Sustainability: Integrating Islamic Legal Pluralism into Post-2030 Agendas Muhammad jibril, Abubakar
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1229

The international sustainability agenda, founded upon the UN 2030 Sustainable Development Goals and subsequent COP climate agreements, is ever more reproached for institutionalizing colonial technocratic frameworks that sideline local epistemologies. This research formulates a decolonial approach to incorporate Islamic legal pluralism, specifically Maliki fiqh ideals and Quranic khalīfah (stewardship), mīzān (balance), and fasād (corruption) concepts into post‑2030 sustainability agendas in Nigeria. Using a qualitative doctrinal and document-based method, we examine primary legal texts (the Nigerian Land Use Act; state Sharia codes), classical fiqh texts, international policy documents, and grey literature, including religious declarations. We find that Islamic institutions (waqf endowments, zakat councils, Sharia courts) are communal governance structures embracing environmental stewardship and social justice, yet under-engaged in national policy. We trace pathways for legal reform, such as the amendment of land tenure legislation to protect waqf lands, and institutional innovation, such as "green zakat" funds and specialized Sharia benches for environmental cases. By bringing epistemic justice and cultural legitimacy to the fore, our model carries theoretical as well as practical implications: it enriches decolonial sustainability studies through an Islamic environmental jurisprudence lens and suggests actionable models for harmonizing Nigeria's plural legal heritage with global sustainability ambitions. Comparative studies in other Muslim-majority contexts are welcome.

Bridging Norms and Practice: Structural Barriers to Women’s Protection from Sexual Violence in Nigeria Muhammad jibril, Abubakar; Saidy Jeng, Lamin
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4998

Sexual violence persists in Nigeria despite ratification of major human rights treaties and enactment of domestic legislation such as the Violence Against Persons (Prohibition) Act. This study assesses whether Nigeria’s legal and institutional frameworks provide effective protection for women, focusing on constitutional dualism, uneven state implementation, socio-cultural resistance, and under-resourced enforcement bodies. Using a qualitative normative legal analysis, it examines treaty domestication, limitations in enforcement of the VAPP Act, and structural barriers faced by survivors, drawing comparative insight from South Africa’s monist constitutional model. The study finds that fragmented criminal regimes and institutional weaknesses undermine compliance with international obligations and argues for a monist constitutional approach, harmonized national standards, and strengthened institutional capacity to align domestic practice with human rights commitments.

Exposing Constitutional Violations: Vigilante Violence Against Northerners in Southern Nigeria Muhammad jibril, Abubakar
Constitutionale Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v7i1.4976

Vigilante violence in Nigeria, particularly against Northerners in southern regions, exposes a gap between constitutional guarantees and lived reality. Although the Constitution of Nigeria protects the rights to life, equality, and security, weak enforcement has enabled recurring extrajudicial killings and ethnic profiling. This article examines whether such violence violates Section 33 (right to life), Section 42 (freedom from discrimination), and Section 14(2)(b) (state duty to ensure security and welfare). Using doctrinal and socio-legal analysis of constitutional provisions, case law, international instruments, and Amnesty International reports, the study finds persistent violations of life, patterns of indirect discrimination, and state failure to prevent and punish vigilante killings. These failures undermine constitutional legitimacy and national integration. The article recommends stronger accountability, disaggregated crime data, judicial enforcement of state obligations, and community-based initiatives to restore equal protection and the rule of law.

HYBRID AUTHORITY AT THE INTERSECTION OF CONSTITUTION AND SHARIA: JURISDICTIONAL DILEMMAS AND THE ENFORCEMENT OF ISLAMIC FAMILY LAW IN NIGERIA Muhammad jibril, Abubakar; Thomas Sheku Marah; Nura Sani Yusuf; Jelly Akter; Hoda Gueddi; Sulaiman Dalha Ahmad
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art3

Purpose – This study examines why the constitutional recognition of Sharia family courts in Nigeria has failed to resolve ongoing tensions over power, legitimacy, and jurisdiction, revealing a structural dilemma in which constitutional supremacy and Sharia authority coexist without meaningful integration. Methods – This study uses a normative legal method based on doctrinal analyses. Primary data include constitutional provisions and legal instruments governing Sharia courts, while secondary data consist of established scholarly studies on Islamic legal theory, constitutional law, and legal pluralism. Data were analyzed using interpretive and analytical techniques to assess jurisdictional structures, sources of authority, and adjudication patterns. Findings – These findings show that Islamic family law in Nigeria operates through a dual structure of constitutional legality and religious legitimacy, resulting in the persistent fragmentation of authority that produces doctrinal inconsistency, judicial minimalism, and institutional caution. Rather than offering a principled framework for coexistence, constitutional supremacy functions primarily as a mechanism of subjugation, placing Sharia family law in a state of formal validity but with normative uncertainty. Thus, the stability of Islamic family law does not arise from the resolution of conflicts of authority but rather from the ability of the judicial system to manage normative tensions through case-specific accommodations within a stable but conceptually fragile space of legal pluralism. Research contribution/limitations – This study is limited to normative legal analysis and does not include empirical court data or litigants’ perspectives. Therefore, the conclusions cannot be generalized beyond doctrinal interpretations. Originality/value – This study offers a conceptual reframing of Islamic family law as a semi-autonomous normative subsystem within the constitutional order, contributing to the debate on legal pluralism and religious courts.

Title

Found 8 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 8 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 8 Documents
Search