University of maiduguri



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Part 1

Introduction: Nature and sources of Islamic Law; The Historical Background



        1. Pre-Islamic Arabia;

        2. The rise of Islam; Sharia: the Development of the judicial system. Muadth ibn Jabal’s appointment; Prophets directions; Umar’s directions to the judges; the Development of Judicial Institutions: Qadi Muhtasib, Wazir Mazalim The role of juristic opinion (Holy) and customs (‘urf) the development of Islamic Law; The Emergence of the Schools of Law Maliki, Hanafi, Shafi’i, Hanbali, Ja’afari and Zahiri. The Development of Islamic Legal Literature: types (e.g. compendia, abridgments; gersses, Responsa, etc). The frequently consulted authoritative texts of the various schools of law; Modem developments; Impact of Western Legal Systems; Islamisation of Laws in recent years.

Part II

Islamic Law in Nigeria. The Historical Background: Introduction of Islam in West Africa. The Maliki School of Law; Maliki B; Anas Maliki School: The spread of the Maliki School in Nigeria, Authoritative Books; The Court System; The Application of Islamic Law during the Colonial period; the extent and application of Islamic Law in Contemporary Nigeria.



LEGAL HISTORY


    1. Introduction: Nature of Legal History, Legal History, Legal Ethnology and Comparative Law, Distinguished. The rationale for Legal History; Functions and Purposes; Contemporary Significance of Legal History.

    2. Classification of Legal Systems into Legal Families - Legal Traditions and Legal Families; Historical Development: Mode of Legal Thinking; Distinctive Legal Thinking; Distinctive Legal Institutions; Ideology of Legal Systems.

    3. The Common Law System: Law and custom in early Britain; Origins of the Common Law; The Superior Courts of Common Law; The Forms of Action; The Jury and Pleadings; The Court of Chancery and Equity; The Counciliar Courts; The Ecclesiastical Courts; Judicial Review of Decisions; The Legal Profession; Legal Literature; Law making.

    4. Elements of the Common Law: Real Property; Contract; Quasi-Contract; Property in Chattels Personal; Negligence; Economic Torts; Persons; Pleas of the Crown.

    5. Judicial Precedent and its Development: The development of Judicial Precedent in England; The Introduction of the Doctrine into other Common Law Jurisdictions.

    6. The Growth and Development of Equity: The Judicature Acts 1873 and 1875 and reforms.

    7. The Civil Law System: Historical Development of the Civil Law tradition -Roman Law and Western Civilisation; History of French Law-Key features of the French Legal System; History of German Law.

    8. African Law: The Philosophy of Law and Legal systems in Africa; Development of the Common Law in Africa; Judicial Development of Customary Law in Africa.

    9. Islamic Law: Origins and Development; Sources, Schools of Islamic Law; The spread of Islamic Law in Africa; The Court System; Modern Developments.

    10. The Formation of Legal Elite: Origins, Growth and Role of the Modern Legal Profession.

Nuclear Law

  1. Concept, History and Developnent of Nuclear Energy

Definition of Nuclear Energy: History of Nuclear Energy; Uses of Nuclear Energy; Comparative study of the Development of Nuclear Energy in other countries.

  1. Nature, Basic Principles and Sources of Nuclear Law

Nature of Nuclear Law; Risks and Benefits; Objectives of Nuclear Law; General Principles of Nuclear Law; Peaceful use; Non-proliferation of Nuclear weapons; The Non-Proliferation Treaties and Agreements. The International Court of Justice and Nuclear Weapons.

  1. The Role of the International Atomic Energy Agency (IAEA)

The IAEA Functions; IAEA Safeguards; Structure and Organization.

  1. Environmental Safety Considerations in Nuclear Energy

Development, International Basic Safety Standards; Radiation Protection and Safety; Safety of Nuclear Facilities; Waste Management; Transport of Radioactive Materials; Nuclear liability; Notification of Nuclear accident and assistance; Physical Protection.

  1. Nuclear Risks and Insurance

Definition of Nuclear risk and Insurance; Nuclear Safety.

  1. National Legislative and Regulatory Framework

The Nuclear Safety and Radiation Protection Act; Nigerian Nuclear Regulatory Authority Act (NNRA), The Nigerian Atomic Energy Commission Act; Energy Commission of Nigeria Act; the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act; Nigerian Basic Iodizing Radiation Regulations 2003 (NIBIRR).

Law of Outer Space

  1. Nature, Evolution and Basic Features of the Law of Outer Space

Nature of Space Law; historical development of the Law of outer Space; Notable Space Agencies in the world; Sovereignty and Jurisdiction in outer space.

  1. Sources of the Law of Outer Space

The Outer Space Treaty, l967 The Rescue Agreement 1968; The Liability Convention, 1972; The Registration Convention, 1976; The From Agreement, 1979; Other Sources.

  1. International Legal Principles Applicable to Outer Space

Principles on Direct Broadcasting Satellite; Remote Sensing; Nuclear Power Sources - Exploitation and Use of Outer Space; Prevention of arms races in outer space; Prohibition of Propaganda for threat or breach of International Peace.

  1. Commercial Utilization of Outer Space

Space resources-allocation and utilization; A brief history of the Commercialization Campaign; Nature of the Commercialization Process; Major Industries in Space Commercialization; Property rights and space Commercialization; Space Tourism in commercialization; Benefits and Problems of commercialization. Commercialization and the ease for development in Third World Countries; Regulations of Space Activities and Allocation of Space Resources; Growing Controversies.

  1. Legal Framework for Commercialization

Examination of International Space Law vis-à-vis Commercialization. National Space Laws on Commercialization: Critical evaluation of the Legal Framework in the face of the New Challenges of commercialization. The legal regime of Space Tourism and Commercial Space Transportation: A New Legal Order in the face of Commercialization; Risks of no legal Framework; Commercial Conflict Resolution in Outer Space Disputes.

  1. The Future of Space Law and Space Commercialization

Developing Countries and the Benefits of Outer Space Resources - Joining Global Trends in Space Commercialization: Action Steps for Developing Countries.

Customary Law

        1. What is legal pluralism?

        2. How can a truly pluralistic legal system be attained?

        3. What is Received Law? What is Customary or Traditional Law?

        4. What happens when received law and Customary Law/Traditional Law Exist within the same society?

        5. What is the nature of traditional African Law? Contrast this with the characteristics of the Received law.

        6. How is African Law different and/or the same as the Received Law?

        7. Is there a theory of African Law?

        8. Customary Land tenure;

        9. Family relations under Customary Law

Refugee Law

  1. Citizenship

  2. Foundations of immigration power

  3. Sources of Federal immigration power

  4. Federal and State government power to classify non-citizens

  5. Admission and inadmissibility

  6. Constitutional limits

  7. Grounds of inadmissibility

  8. Due process in the context of admissibility

  9. Removal power

  10. Constitutional limits on removal power

  11. Grounds for deportation

  12. Detention

  13. Employers sanction and anti-discrimination

  14. Judicial review

  15. Overview of the international refugee legal regime including the Refugee Convention and Protocol, Customary International Law and International Human Rights instruments and institutional framework

  16. The definition of refugee in the 1951 Convention by reference to comparative jurisprudence from leading common law courts, focusing on the most controversial contemporary aspects of the definition.

  17. The regime of rights protection provided in the Convention including the principal Conventions.

  18. Proposals and options for reform of the international refugee regime.

Law of Landlord and Tenant

Licenses: bare, contractual, license acted upon, co-habitees; distinction between license and lease; laws applicable to different types of leases, tenancy at will, periodic tenancy, term certain, service occupancy and service tenancy; Recovery of Premises Law; Rent Control and Recovery of Residential Premises Law; creation of leases; part performance, the Rule in Walsh v Lonsdale, impact of the Land Use Act on creation of leases; effect of death and assignment on the relationship between landlord and tenant; issues in rent control: contest between law of economics and statute law; covenants in leases; landlord’s obligation to keep premises in habitable state; tenant’s obligation to use premises in a husband-like manner; restrictive covenants; covenant against parting with and sharing of possession, subletting and assignment; rent, mesne profits, damages for use and occupation; forfeiture, waiver, relief from forfeiture; jurisdiction of courts; special courts for recovery of possession; procedural issues relating to recovery of possession; recovery of possession through self-remedy; surrender; notice to quit; effluxion of term; merger; seven-day notice; security of tenure - parliamentary intervention to protect tenants; statutory tenancy and tolerated trespassers.





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