Divorce is considered a very difficult process in a family. Societies and religious courts work hand in hand to prevent divorce. However, in some cases, divorce can not be avoided due to various social, psychological, and economic problems. As such, to prevent divorce, religious courts provide mediation programs to persuade couples to divorce. During the Covid-19 pandemic, the divorce rate increased, and mediation has been intensively practiced by the religious courts to reduce the divorce rate. However, limited studies have been conducted to understand how mediation is practiced at religious courts during the Covid-19 pandemic. This study uses a qualitative approach to examine the implementation of divorce mediation in a religious court within a regency in Indonesia. Data was gathered through in-depth interviews and direct field observation. Written materials were also analyzed to understand the case. The results of this study show that the implementation of mediation in divorce during the Covid-19 pandemic in the Regency Religious Court was implemented in two stages, namely the stage before mediation and the implementation of mediation. In carrying out mediation, the caucus and virtual methods have been chosen as two methods of divorce mediating in the era of the Covid-19 pandemic. The two methods have transformed in response to the pandemic and new technological advancements. The transformation is considered relevant to Islamic law and principles. This means religious courts and Muslim societies are responsive to new technological development.
It is not in dispute that children are an integral part of every family. More often than not, the absence of children in a family is viewed as problematic, especially in a place like Nigeria where indigenous customs and traditional practices still largely govern the beliefs of people. It is expected that every marriage should produce biological children; however, some couples are not that fortunate for various reasons ranging from barrenness to loss of pregnancy or non-survival of children. To this end, adoption offers such couples an alternative which makes it possible for them to have children which they can legally call their own, with all the rights, privileges and responsibilities over such children as if they were the biological parents. Although adoption is not a novel practice in the Nigerian Family Law, many challenges have hampered the smooth running of the process, particularly in recent times. Sadly, chief among these challenges is the bizarre reality of “baby factories” that the social welfare system has had to grapple with. Hence, in order to aid a proper interrogation of relevant issues, this paper is divided into five sections. Section I deals with introductory matters in relation to adoption; section two considers the legal framework regulating adoption in Nigeria; section three which is the thrust of the paper, considers the problems facing the child adoption system in Nigeria; section four takes a look at the position of intercountry adoption as well as the future of adoption in Nigeria; while section five concludes with meaningful suggestions that could uncurl the adoption system in Nigeria.
PRINCIPLES REGULATING THE CONDUCT OF HOSTILITIES UNDER ISLAMIC LAW COMPARED TO THE INTERNATIONAL HUMANITARIAN LAWS OF THE GENEVA CONVENTIONS (Published)
Modern armed conflicts are employed in a wide array of operations that range from peacetime to outright international armed conflict, and thence the necessity to regulate armed conflicts especially in the conduct of hostilities. Islamic Law has a complete system of law has corresponding rules regulating the conduct of hostilities and imbibe therein is the elementary considerations of humanity. This paper examines the principles regulating the conduct of hostilities under Islamic Law compared to the International humanitarian laws of the Geneva Conventions and concludes that the fundamental rules and principles of international humanitarian law relating to restriction on the means and methods of warfare, principle of proportionality, use of force, inviolability of civilian and non – combatant population and property as well as protection of the wounded, sick, ameliorate and captured combatants and or prisoners of war show striking similarities with that of the Geneva Conventions