{"title":"Women’s Right to Choose a Spouse: In the Hanafi School of Islamic Jurisprudence","authors":"Toryalai Hemat, Muhammad Ibrahim Sekandary","doi":"10.47672/ajl.1239","DOIUrl":"https://doi.org/10.47672/ajl.1239","url":null,"abstract":"Introduction: According to the sacred provisions of Islamic sharia and the Hanafi School of Islamic jurisprudence (Madhab), a woman has the right to choose herself a spouse. When a woman becomes a widow, this right is given to her even more often because they know more. \u0000Purpose: The purpose of this research is to clarify the right of a woman to choose her spouse. It clarifies all the conditions and circumstances according to the Hanafi School, in which a woman can choose a spouse for herself. \u0000Methodology: The doctrinal research methodology and a descriptive, explanatory, and analytical research approach are used in this work. In this study, the rules and regulations of the Hanafi School of Islamic jurisprudence will be analyzed in detail to support the research study. It is worth mentioning that this part of the research is entirely based on library sources. References are mostly primary and secondary sources. The primary sources include the Afghan civil code and the secondary sources include jurisprudential textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. \u0000Findings: According to the Hanafi School of Islamic jurisprudence, a woman is not given the right to choose her husband in the pre-puberty stage. In the remaining two stages (the puberty stage and the stage of widowhood), a woman can choose her own spouse and no one can take that right away from her. Even if a guardian (Wali) marries a girl who is too young, the marriage can be ended when the girl reaches puberty. She can do this by taking the matter to the competent court. \u0000Unique contribution of theory and practice: Theoretically, this work is very useful in contributing to the existing body of literature of knowledge. Practically, this work identifies the circumstances in which a woman is allowed to choose her own spouse. Each and every woman will know her bona fide right to choose a husband. On the other hand, society will never force a woman to marry without her own consent.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"8 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82638507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pragmatic Markers in an Appellate Court Judgment: General Brigadier, A.M Adekunle (Rtd) V. Rockview","authors":"Abiola Kalejaiye, Wale Osisanwo","doi":"10.47672/ajl.1236","DOIUrl":"https://doi.org/10.47672/ajl.1236","url":null,"abstract":"Purpose: Linguistics is the scientific study of language; however its meta-implications in Appellate court judgment is yet to be given as much scholarly attention as other legal genres. Most studies on courtroom and particularly court judgement have focused on stylistic analysis, speech act and genre analysis; consequently studies on non-propositional meanings are still lean. Therefore, this study in the bid to further describe language of judges and account for how language is organised to achieve justice, investigated the nature and function pragmatic markers in a select Nigerian Appellate Court Judgement. \u0000Methodology: Using a Purposive random sampling technique, the study selected a property case judgement titled General Brigadier, A.M Adekunle (Rtd) V. Rockview from the Nigerian Weekly Law Reports (1999-2004). It adopted Fraser’s 1996 Pragmatic Marker Theory and mixed method of analysis –The quantitative was used in analysing the frequencies of the types of pragmatic markers employed by the judge while pragmatic imports of the markers in the ApCJ were discussed qualitatively. \u0000Findings: These analyses revealed that the selected ApCJ, though linguistic, is also replete with the four variants of pragmatic markers: Basic (44.9% marker), commentary (37.8%) and discourse markers (10.35%) and parallel (3.45%) identified by Fraser’s .The appellate judge used the basic markers particularly (the declarative markers) to build up the fact of the case and signal his opinions about them and the imperative markers were verdict pronounced. Commentary markers with (37.8%) were the second class of pragmatic marker observed in the (ApCJ). It comprised the following : Hearsay (3.45%), evidential (13.8%), contrastive markers (3.45%) assessment markers (13.7%) and emphasis marker (6.9%).The judge used more of evidential markers and assessment to predicate his judicial argumentation, implicitly justify the trial court’s judgement and thereby build logical bases for partly disallowing the appeal . \u0000Recommendation: The language of ApCJs is laden with pragmatic markers which serve essentially to build up and issues of the case, provide judicial argumentation and ultimately construct the verdicts. Pragmatic makers are greatly exploited by the appellate judge for effective adjudication. Therefore applied linguists and Forensic experts should critically investigate them to ascertain the correctness of the ratio dicidendi and the judge’s obiter dictum -crucial variables for establishing judicial accountability and fairness.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"15 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88633651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Impact of the Land Use Act on Land Tenural System in Nigeria","authors":"D. K. Derri, Josephine Nkeonye Egemonu","doi":"10.47672/ajl.1226","DOIUrl":"https://doi.org/10.47672/ajl.1226","url":null,"abstract":"Purpose: Before the advent of the Land Use Act in 1978, individuals, families and communities owned land absolutely according to customary law. Thus, the family or community was free to give out their land to deserving members of the family or community or even to outsiders as the case may be. Where an individual was the absolute owner of the land, he was free to deal with it in any manner he liked. Therefore, the individual, family or community exercised all incidents of ownership without restrictions. All these were altered when the Land Use Act was promulgated. The extent to which this Act affected the existing land tenural system in Nigeria is discussed in this article. This article critically analyses the land tenure system under both conventional land law and customary land tenure in Nigeria. \u0000Methodology: Applying doctrinal research methodology, it uses some available resources in some Nigerian libraries, both online and offline. \u0000Findings: It concluded that the provisions of the Land Use Act have severe consequences on land tenural system in Nigeria. \u0000Recommendations: In view of the challenges highlighted in the Act, this article recommends among other things that the State Governors need to improve and quicken the process of issuing certificates of occupancy and payment of adequate compensation after revocation of tittle to land to forestall unnecessary litigation and that there should be a land reform that recognizes the rights of individuals or communities to land either freehold (indefinite absolutely) or for a relatively long-term duration. This will ensure a genuine free market economy. ","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"79 19","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72457956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From Freedom of Expression to Freedom of Speech – the Guarantees under the Nigerian Constitution and the Real Challenges","authors":"I. Sule","doi":"10.47672/ajl.1207","DOIUrl":"https://doi.org/10.47672/ajl.1207","url":null,"abstract":"Right to freedom of expression is one of the globally recognized fundamental rights guaranteed and protected in many international human rights conventions, charters and other international and regional treaties and instruments. In Nigeria, the right has always been given recognision and specifically provided for in all the Nigeria’s constitutions, including the colonial and pre-independence. Even under the constitutional arrangements under the military governments, the said right is given recognition. Under the 1999 Constitution of Federal republic of Nigeria, the said right has also been prescribed for as one of the rights guaranteed for all Nigerians and anybody on the Nigerian soil. Nevertheless, it is one thing to recognize a right and it is completely another to practically implement the guarantees provided for. The Nigerian constitution is said to have given the said right with one hand and takes it away with another hand. This article critically analyses the right to freedom of expression under the Nigerian Constitution 1999 to discover whether or not the constitution as is being alleged, is really speaking from two sides of its mouth.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"44 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85477135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pro Bono Legal Services in Rural Communities: Experiences of the Bagauda Law Clinic in Aid of Citizens","authors":"I. Sule, Y. Y. Dadem","doi":"10.47672/ajl.1206","DOIUrl":"https://doi.org/10.47672/ajl.1206","url":null,"abstract":"In communities with low standard of living and low literacy level, access to justice is challenging; for rural communities who are under-served by the justice system, access to justice is a nightmare. These communities rely on traditional institutions of the family, the clergy and village councils to administer to resolve disputes. Law clinics may fill in the gaps of absence of regular courts, and serve as clinics for the legal education of students who wish to join the legal profession. Through the practical application of classroom lessons, students acquire skills and imbibe values to practice as lawyers. In order to address some of the legal needs of these communities, the Nigerian Law School established law clinics in all its five campuses and one of such is the Bagauda Law Clinic established in 2013 at the Kano Campus of the institute. This article analyses some the activities of the clinic in addressing some of the legal needs of its near-by communities and villages to see whether the purpose for which the clinic is established is achievable.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"3 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83591420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analysis and Identification of Suspected Substance in the Trial of Drug Offences in Nigeria: A Review of Oyem v FRN","authors":"Moses Ejiro Ediru","doi":"10.47672/ajl.1151","DOIUrl":"https://doi.org/10.47672/ajl.1151","url":null,"abstract":"Purpose: The purpose of the review was to show that the affirmation of the appellant’s conviction in the case of Oyem v FRN by the Nigerian apex court was erroneous. To achieve the purpose, it is expedient to unravel the various errors committed by the apex court as a result of its failure to adhere to the law and to observe the peculiarities in the procedure for the trial of drug offences. \u0000Methodology: This work adopts the doctrinal method of research which involves the use of primary and secondary sources of law. The primary sources used in this work were legislation (Acts of the National Assembly), Case laws and Decrees while the secondary sources were books and article. The review of Oyem’s case in substance reveals that the apex court affirmed the conviction of the appellant on the assumption that, (1) the result of the preliminary (color) test conducted by the exhibit keeper at the NDLEA Command, using UN Narcotic Identification Testing Kit was the legal proof of the suspected substance as Indian hemp, instead of a chemist’s report on the mandatory confirmatory laboratory test by an analyst and, (2) the appellant’s confessional statement and guilty plea served as alternative proof that the suspected substance was Indian hemp even when the trial court did not carry out the test of veracity on the confessional statement. \u0000Findings: The two (2) assumptions by the apex court are the main findings in this work. Furthermore, even when the appellant was charged, tried and convicted for an offence constituted by expert evidence, no expert gave evidence at the trial, at least not on record. This work is of the view that extra-judicial confession made prior to analysis of a suspected substance cannot serve as proof of the nature of the substance, that is, Indian hemp. Moreover, the Nigerian Evidence Law having provided for the method for the analysis and identification of suspected substance in the trial of drug offences no other method can be used under the law. \u0000","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"57 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89751947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reversing the Criminalization of Reproductive Health Care Access.","authors":"Meghan Boone","doi":"10.1017/amj.2022.22","DOIUrl":"https://doi.org/10.1017/amj.2022.22","url":null,"abstract":"<p><p>The state is increasingly criminalizing reproduction. While prosecutions of pregnant people for prenatal drug use began occurring several decades ago,<sup>1</sup> this type of prosecution remained relatively rare for many years.<sup>2</sup> But such prosecutions have increased dramatically-thousands have now occurred across the United States.<sup>3</sup> In addition, the criminalization of reproduction is not limited to instances of prenatal drug use,<sup>4</sup> but extends to a wide array of prosecutions in the reproductive space-including the criminalization of stillbirth,<sup>5</sup> miscarriage,<sup>6</sup> breastfeeding,<sup>7</sup> home births,<sup>8</sup> and c-section refusals.<sup>9</sup> And, of course, recent changes in the Supreme Court have resulted in an almost certain change in the criminal regulation of abortion, as well.<sup>10</sup> The criminalization of reproduction often occurs at an initial point of access to the health care system - at the hospital, the doctor's office, the lactation consultant appointment, or the addiction treatment clinic. In this way, health care settings become gateways into the criminal justice system, and it is the attempt to access reproductive health care that results in criminal prosecution.<sup>11</sup>.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 2-3","pages":"200-208"},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9137805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Vitriolic Verification: Accommodations, Overbroad Medical Record Requests, and Procedural Ableism in Higher Education - Corrigendum.","authors":"Tara Roslin","doi":"10.1017/amj.2022.32","DOIUrl":"10.1017/amj.2022.32","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 2-3","pages":"305"},"PeriodicalIF":0.5,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10641217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EACH Person's Right: The Importance of Federal Abortion Care Funding to Health Care Reform.","authors":"Cassandra LaRose, Michael S Sinha","doi":"10.1017/amj.2022.25","DOIUrl":"https://doi.org/10.1017/amj.2022.25","url":null,"abstract":"<p><p>The United States has a long and controversial history with abortion that did not end with Roe v. Wade. Almost immediately thereafter, anti-choice politicians commenced a decades-long effort to restrict access to abortion, recently culminating in the Dobbs decision that overturned Roe. One successful attempt to restrict access immediately following Roe was the Hyde Amendment. With more Americans covered by federally funded health insurance than ever, the Hyde Amendment creates an insurmountable barrier to abortion care for those who lack other sources of financing.Despite the impacts of the Hyde Amendment, support for discontinuing the amendment has been weak. For the first time in over forty years, the United States is in a position to change its abortion funding policy. Beyond ending Hyde, the EACH Act has been introduced in Congress to ensure permanent funding for abortion through all federally funded insurance programs. To secure funding for abortion and reduce barriers to access, advocates must press the federal government to pass legislation such as the EACH Act.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 2-3","pages":"266-274"},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10641218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Trust, Brutality, and Human Dignity: How \"Partial Birth Abortion\" Helps Shape American Biopolitics.","authors":"George J Annas","doi":"10.1017/amj.2022.20","DOIUrl":"https://doi.org/10.1017/amj.2022.20","url":null,"abstract":"Abstract In this Article, I explore how nearly continuous public rhetorical challenges to abortion in the political realm first led the public and the courts to turn away from a particular abortion procedure (intact dilation and extraction, also known as partial-birth abortion) which political agitators labeled as “barbaric” and then to view physicians who performed abortions not as legitimate professionals, but simply as “abortionists,” and sometimes as evil “Frankensteins.” “Abortionists” use no “medical judgment” and are unworthy of deference by state legislatures, Congress, or the courts when deciding how or when to perform an abortion. The concentration on the welfare of fetuses and the actions of physicians permitted the abortion debate to bypass discussion of both the rights and welfare of pregnant patients, including their right to health, and to virtually never mention that abortion restrictions primarily affect people in poverty who cannot afford to seek reproductive health care, including an abortion, by traveling to a nonrestrictive state. Understanding the power of extreme rhetoric, including the use of social media in political campaigns and the use and misuse of concrete terms such as murder, infanticide, brutality, and dismemberment, and abstract concepts such as “human dignity,” can help us plot a post-Dobbs way forward. Perhaps the demise of Roe can lead to a birth of a new rhetoric on abortion, one that concentrates on the right to health of everyone, including the right to make reproductive decisions, and requires moving abortion back into the realm of contemporary medicine, complete with a meaningful doctor-patient relationship protected by privacy and financed in a way that is accessible to all pregnant patients.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 2-3","pages":"173-186"},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10641220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}