APPRAISING Al-MASLAHAH AL- MURSALAH AS A SOURCE OF ISLAMIC LAW IN JUDICIAL PROCEEDINGS UNDER THE MALIKI LAW

APPRAISING Al-MASLAHAH AL- MURSALAH AS A SOURCE OF ISLAMIC LAW IN JUDICIAL PROCEEDINGS UNDER THE MALIKI LAW

ABSTRACT

Al Maslahah al mursala is a Maslahah which is neither acknowledged nor rejected by the Law Giver. It is called (Mursalah) that is absolute or free from any restriction because it is not qualified or based on a specific Nass. al-Maslahah al-Mursalah can also be any benefit which can be inferred from the five purposes of Islamic Law, but they are neither directly  acknowledged nor rejected by the Law Giver al-Maslah al-Mursalah is one of the sources of Islamic law recognized and applied by the Maliki School of law, Some Muslim jurists do not recognize al-Maslah al-Mursalah as a source of Islamic law that is why it is categorized as one  of the disputed source of Islamic law. The Maliki school is the leading jurists in terms of the application of al-Maslah al-Mursalah, .This research work examines al-Maslah al-Mursalah as a source of Islamic law, position of al-Maslah al-Mursalah in Nigerian Legal System, Extent of powers of the Shari‟ah court judges to practice Ijtihad while applying al-Maslah al-Mursalah and practical examples of the application of al-Maslah al-Mursalah in judicial proceedings was discussed in this research, it was observed that the Sahabah , the Tabi‟un and their followers applied al-Maslahah al-Mursalah in most of their Fatawa and adjudication due to its importance in dealing with new issues that might have come during their time, though they did not give it the nomenclature “al-Maslah al-Mursalah” but a careful look at what they did clearly shows that their verdicts were based on the concept known today as al-Maslahah al-Mursalah..It was also observed that the suspension of hadd punishment for theft by caliph Umar due to femine based on Maslaha gives rise to the development of somany principles of Islamic law such as Aldharurat tabihu It was recommended that the present Ulama should imitate the Sahabah , the Tabi‟un and their followers in basing their fatawa on matters that are not specifically sanctioned or covered by a specific Nass by applying the Al-Maslahah al-Mursalah It is also recommended that the judges should use Maslaha Murdala to develop ptinciple of Islamiclaw that will take care of the emergine issues that are brought before them. .

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AN APPRAISAL OF CHALLENGES FACING THE DEVELOPMENT OF ALMAJIRI SYSTEM OF EDUCATION

AN APPRAISAL OF CHALLENGES FACING THE DEVELOPMENT OF ALMAJIRI SYSTEM OF EDUCATION

ABSTRACT

The focal point of this study is to known the “challenges on the development of Almajiri system of education in Birnin Kebbi metropolis” . in the case of this research the work is arranged in five chapters chapter one deal with the background of the study, statement of research problems, objectives of study, research questions, significance of the study, scope and delimitations, operational definition of terms, chapter deal with Review of related literature, introduction, conceptual frameworks, philosophy of Almajiri system of education, Historical development of Almajiri system of education, challenges on the development of Almajiri system of education in Birnin Kebbi metropolis problems of Almajiri education, review of related empirical and the summary and uniqueness of the study. Chapter three deal with the research methodology, introduction research design, population sample and the sampling techniques, research instrument validity of instrument, reliability of instrument, method of data collection, method of Data analysis, chapter deal with the data analysis and the presentation of finding while chapter five dealt with summary, conclusion, recommendation.

CHAPTER ONE 

  • BACKGROUND TO THE STUDY

Almajiri refers to a person who migrates from the luxury of his home to other place or to popular teaching in the quest for Islamic knowledge. It is hinged on the Islamic concept of migration which is widely practiced especially when acquisition of knowledge at home is  either inconvenient or insufficient. Imam Shafi’I is the greatest proponent of migration for seeking knowledge which he said is nothing unless it is mind and transported away form its soil. He summarized everything in two verses. Emigrate from your home in quest of excellence, good manners and friendship with famous. Shafi’I himself was born in Gaza. He travelled almost the entire middle east seeking in knowledge until finally he settles in Egypt. With the coming of Islam to Hausa land in 14th century. Qur’anic education started and wage of Sokoto jihad was carried out in the early 19th Century. Qur’anic school in Hausa land are usually located in mosque or the urban centers than the rural areas. Generally there are two types of qur’anic teachers stay in one place and educate the children in the locality in which they live.

In this system of learning Qur’anic schools of Almajiri are usually entrusted in the care of learned person “Malam” were it is hoped that they would have the necessary concentration and learning atmosphere. Abraham and Canhan (1978) noted that toward the end of 19th century when movement of people in the northern Nigeria in particular became less dangerous.

Alamin (1987) emphasis the Islamic learning started in the “Malam” settlement were the student and their teachers gathered to make Qur’anic lessons. When the british conquered Sokoto in the year 1903 and subsequently introduce the western types of education, Qur’anic schools continued even through the colonial government deal not to finance such schools.

The public continues to support the Qur’anic education because of its religious and moral importance, even after independence the Qur’anic school were not receiving adequate government assistance, so that the pupils and the teachers had to depend on their efforts. Thus in the case of the Almajiri school, the teacher mostly depend on Wednesday fees which is called (Kudin narba) and also some depend on Saturday fees which is called (Kudin assabar) from the parent of the inhabitants pupils, while the inigrates so help Malams in serving the domestically at you area of study world general views to continental level, to national level, to state level, and your specific place of conducting the research.

  • STATEMENT OF THE PROBLEM

The fall of the Almajiri education system in 1904, the British invaded and colonized the northern Nigeria territories and took central of the treasury. They killed and disposed those emirs who resisted the foreign rule, while those who were traditional rules used only for indirect rule. The British also refused to recognize the Almajir education system as an important education system and deliberately abolished its state funding arguing that, they were mere religious schools. Book (meaning western education) was introduced and found instead.

With loss of support of support from the government and the helpless emirs, the almajiri system thus collapsed like a pile of cards. The responsibility of the almajiri was taken over by the local scholars who deemed it a moral and religious duty to educate these pupil for the sake of Allah. Although there was scarcity of founds and over whelming number of pupils of cater to for the system continued to flourish with the support of the immediate community and begging was still not a norm instead they restored to worsen by the belief that the western education (Boko) was of the Christians European origin and therefore anti-Islamic. It bred the fear that a child with western belief will eventually lose his Islamic identity and embrace vices that negates the values and principles of Islamic as alcoholism. Fornication, semi naked dressing, partying abandoning the prayer, fasting, zakat e.t.c this predicament I often reflected in the grievance vented out at those attending the western schools as echoed in a popular Almajiri song “Dan Makarantar Bokoko bakaratu ba Sallah, sai Yawan Zagin Malam meaning’ oh student of western education, you do not learn, the Qur’an and you do not pray, except to be mocking the teacher”.

The pupils now left almajiri together with their malam’s having no financial support resorted to beginning and other manial jobs for survival. Shehu (2003) asserts that almajiranci was a form of child abuse because it exposed the children to labour work at tender age. Normally children between to age of seven and twenty even below their malam’s cannot feed nor promade the necessities of life for them. Therefore, they embark on begging or labour work in order  to survive or earn their living. Inadabawa (1992) observed that the concept of culmajiri has undergone some transformation overtime in the twentieth century; it is seen as ‘bara’ that is (begging) by the Qur’anic school pupils.

  • OBJECTIVES OF THE STUDY

The broad objectives of this study is to examine the factors (social economic, legal and cultural) affecting the development of almajiri system of education in Birnin Kebbi metropolis.

  • To find out parent of the pupils provides foods, housing accommodation and medical care and other basic need for their
  • To identify the traditional Qur’anic school exposes the children to child abuse and juvenile delinquencies or petty crimes.
  • To identify the traditional Qur’anic school exposes the children to child abuse and juvenile delinquencies or petty crimes.
  • To find out  whether  food  and  other  basic  needs  are considered the greatest challenges of the Qur’anic
  • To find out whether the rich Muslims in our society gives out Zakat to the

 

  • RESEARCH QUESTIONS

 

The  following  research  questions  were  generated  to guide the conduct of study.

  1. Does parent of the pupils provide foods, housing accommodation and medical care and other basic needs for their children?
  2. Does child begging in our society attributed to the Qur’anic school pupils only?
  3. Does the traditional Qur’anic school exposes the children to child abuse and juvenile delinquencies or petty crimes?
  4. Does rich Muslim in our society give out Zakat to the poor?
  5. Does lack of food and other basic needs consider the greatest problem of the Qur’anic school?
  • SIGNIFICANCE OF THE STUDY

 

This research will be significance in many ways; it will provide information on the almajiri pupils and their malams as how to solve their problems without booking outside for help. The significance of this study is from the fact hat it will also provide information on the almajiri system of education and their socio-economic contributions to the cities development of the Nigeria. The Almajiris can go back to their homes and made to engage in other meaningful ventures, because the problem of almajiri is a concerned to all, be it as not only embarrassing to the socio-political of  the north, but also to the image of Islam and own leaders as whole. The outcomes of this project will be significance.

  • SCOPE AND DELIMITATION

This research work will cover the area of challenge on the development of Almajiri system of education in Birnin

Kebbi metropolis. It represents the scope of the research work.

It is limited to some selected Islamiyya schools in Birnin Kebbi local government:

a- Makarantar Malam Umar Malisa Rafin Atiku. b- Makarantar malam Umar Chiye Birnin Kebbi

c- Makarantar Malam Bala Sarkin aiki Makerargandu.

 

The schools are so selected to enable for a wider coverage of research study.

  • OPERATIONAL DEFINATIONS OF TERMS

Originally, the word “almajiri” was borrowed Ed from the Arabic word “al Muhajirun” which means “the emigrants”. In Hausa language, the word “al-majiri” is various used to mean a student, a beggar or destitute and more often then not, it is used to refer specifically to young person who immigrate from their town and village to mostly urban centers in search of Qur’anic/Islamic knowledge.

A Qur’anic school refers to a non-formal and less structural types of Islamic educational Institution commonly referred to a “Makarantar Allo “or Tsangaya” or “ile-kewu”. It is the  basic or elementary level of the Islamic education system. Some Qur’anic school, such as the neigbourhood schools are sedentary with some of the pupils attending primary schools as well, while some others which teachers (Malam’s) and their pupils (almajiri) are itinerant.

Qur’anic schools are found in all part of Nigeria. Where Muslim live. But the more traditional Qur’anic are more prevalent in the northern states, especially in rural and sub urban areas of the country. The curriculum of Qur’anic schools is very narrow and limited to the reading and memorization of the Qur’an. Subjects on the meaning of the Qur’an, hadith, fiqh and others are found in the il and Islamiyyah schools.

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