http://dspace.iua.edu.sd/handle/123456789/8 Thu, 14 May 2026 00:30:18 GMT 2026-05-14T00:30:18Z http://dspace.iua.edu.sd/handle/123456789/5359 Title: التكيف القانوني للواقعة الجنائية : دراسة مقارنة Authors: أحمد سراج الدين شرفي Abstract: The stud dealt with the subject of legal adaptation of criminal offenses. The aim of this study is to clarify the concept and principles of legal adaptation of criminal offenses and the legal adaptation of crimes in light of the substantive and procedural legal adaptation with the statement of the authority of the criminal court on legal adaptation. In order to achieve proper application, the study followed the descriptive analytical approach, to describe the legal adaptation and analysis of the incident presented in order to reach the criminal description. The legal adaptation of the incident as a criminal description in accordance with the provisions of the law,thestudy reached several results were that the introduction of legal adaptation to the fact is limited to the criminality without the penalty, which does not come only after the judge has completed the conformity, and that the adaptation is a legal act binding The prosecution and the competent court in order to indicate the applicable text, and the adaptation of the crime is one of the stages of adjudication of the case, and that the process of conditioning is a mental process that requires experience and insight in force, the study reached many recommendations, and the study recommends the issuance of legislation addressing the problem of legal conditioning the study recommends criminal law scholars to address the issue of legal adaptation, and recommends that the study demand the application of the specialized judge system. Wed, 01 Jan 2020 00:00:00 GMT http://dspace.iua.edu.sd/handle/123456789/5359 2020-01-01T00:00:00Z http://dspace.iua.edu.sd/handle/123456789/5225 Title: أهلية الشهود في المحاكم الجنائية في قانون الاثبات النيجيري- دراسة مقارنة Authors: محمد منتقى محبوب Abstract: Evidence is a means which a court rely on to give judgment. Without evidence there will never be a proof. The main function of the law of evidence is to regulate the process of proof. Oral evidence is among the different means of proof. Oral testimony is considered to be one of the most vital and reliable means of proving criminal allegation, by shari’a, Nigerian Evidence Act 2011 and Sudanese Evidence Act 1994, because, right from the time immemorial up to our present time, the most available means of proving criminal allegation was/is oral testimony. For that reason, each of the above mentioned evidence law take necessary measures to ensure the credibility of a witness as well as his evidence as presented to the court of law. But the measures taken by shari’a are more stringent than that taken by both Nigerian Evidence Act 2011 and Sudanese Evidence Act 1994. For instance, shari’a emphasizes on ADALA of a witness, among other means, while Nigerian Evidence Act 2011, uses cross examination and demeanor of a witness as a means to ensure the credibility of witness and his testimony. Whereas, Sudanese Evidence Act 1994, uses both ADALA and cross examination as a means of ascertaining the credibility of witness and his testimony. According to shari’a principle, for a witness to qualify as ADIL he must satisfy certain requirements, for instance, he must be muslim, male, adult, among others. Any witness who fails to satisfy those requirements cannot qualify to be competent witness; hence, his testimony will not be admissible. Maliki school of thought of law emphases and elaborates on the issue of ADALA more than any other school of thought. According to Nigerian law, it is only shari’a law of evidence that can be applied in any shari’a court in Nigeria. The same law provides further that, only Maliki mazhab should applied. But the law did not specify which opinion within the mazhab should apply, i.e. it is the popular opinion (MASH-HUR) or most authentic (RAJIH) or even the weak one (SHAZ), considering the divergent opinions of jurists within the school on almost each and every opinion. This legal vacuum resulted from the absence of codified Islamic law of evidence which will constrain the judge. The inhabitants of the Northern Nigeria are predominantly Muslims, but, there are other non-muslims in any part of Northern Nigeria. If an offence/crime is committed by a Muslim, he will be taken to shari’a court, a time, the only available witness that witnessed the commission of the crime, could either be, non- Muslim, or woman or child. In this a situation, a court will have no any other option rather than to discharge an accused person due to the lack of competent witness no matter the gravity of the crime. Tue, 01 Jan 2019 00:00:00 GMT http://dspace.iua.edu.sd/handle/123456789/5225 2019-01-01T00:00:00Z http://dspace.iua.edu.sd/handle/123456789/4889 Title: التكييف الفقهي والقانوني للعقد المصرفي مع العميل Authors: ضياء الدين عوض إبراهيم محمود Abstract: This research tackled the juristic and legal characterization of the banking contracts with the client (as an applied study on the Sudanese banking system) , which is legal study. The researcher considered the emergence of the banks in the world, their advent in Sudan and the stages of their development. He also examined the functions and objectives the traditional and Islamic banks as the study itself was based on a comparison which was stroked between those two systems. The study also dealt with the definition of the characterization both linguistically and conventionally, its relationship with the themes of the research, and elucidation of the basis of the bank’s contractual relationship with the client. Moreover, the research discussed the theory of contract between jurisprudence and the law and the extent of the possibility of its applicability to the banking contract with the client which is considered as a newly fangled financial contract. It further determined the parties to the banking contract with client with the client and its elements, characteristics and the means of its conclusion. It also broached the provisions and effect of the banking contract with the client and the ways of its elapsing and termination. Moreover the research focused on the types and forms of the banking contract with client and it elucidated the characteristics, elements controls, conditions and the advantages of the each contract and its different forms. The researcher also tackled the practical problems and cases of the defect and flaws which attended the practical application of the idea of the banks and the deviation which occurred thereto. Hence, the researcher suggested solutions and ways to remedy them and correct their course with the purpose of the reform and advancement and the strive for the achievement of the quality and the implementation of the provision of the sharia and its purpose. Finally, in its consideration of the juristic and legal characterization of the banking contract with its various types and forms with the client, the research endeavored to find the appropriate interpretation thereto in the accordance with provisions of the Islamic sharia and its purposes, as such contracts are considered as newly fangled financial contracts which require an independent judgment (ijtihad), which in turn, will achieve the public interests and conforms with the contemporary reality and does not infringe the true Islamic sharia. In addition to this it will be easy to be comprehended and applied for the employees in the banking field and the banks’ client. The research ended up with a conclusion that included the findings and recommendations. Tue, 01 Jan 2019 00:00:00 GMT http://dspace.iua.edu.sd/handle/123456789/4889 2019-01-01T00:00:00Z http://dspace.iua.edu.sd/handle/123456789/4558 Title: الحيازة العقارية وأحكاميا وآثارىا-" د ا رسة مقارنة في الشريعة والقانونين السوداني والصومالي". Authors: عبد الوهاب أحمد علي حسين Abstract: This study is entitled: "Possession of Real Estate, its provisions and its effects", a comparative study of Shari'a between Sudanese and Somali law. This study is divided into four chapters as follows: Chapter one: basics of research and previous studies, according to the university methodology, chapter two: the definition of possession, statement of some words related to the possession, its importance, types, to clarify the difference between ordinary and allocated possession, also the study showed the real estate and the method of ownership in Islamic jurisprudence and law. Chapter three is about: definition of possession, its terms, conditions and elements, its transfer and its disappearance in the Sharia and Sudanese and Somali law, chapter four, is summarized in " Statement of claims possession and effects of possession in general, where the researcher dealt with the prevention of exposure, and the claim to stop the new procedure, and the claim for recovery, and also dealt with the effects of real estate acquisition in the jurisprudence and law of Sudan and Somalia, study examined the judicial stability in the courts of Somalia and Sudan, this study aims at explaining the role of the Sudanese and Somali legislators in regulating the tenure of real estate in general, and uncovering ambiguities and inconsistencies in the rules governing them, so as to revealed the views of Islamic jurisprudence in this regard, in order to achieve any reform of the rules related to it, and to achieve these goals, the researcher used sources and references related to the subject of the research, which contains: Scientific books, theses, scientific research which published on websites, judicial journals, this study based on inductive, analytical and comparative method in order to solve the problem of this study. The study has many conclusions and recommendations recommended by researcher. Tue, 01 Jan 2019 00:00:00 GMT http://dspace.iua.edu.sd/handle/123456789/4558 2019-01-01T00:00:00Z