PROVOCATION AS A DEFENCE TO THE CRIME OF MURDER UNDER COMMON AND ISLAMIC LAW

ABSTRACT

mso-ansi-language:EN-US">Major legal systems across the globe have evolved
rules and principles for dealing with various situations. These situations are
inclusive of different legal concepts like marriages, inheritance, offences
etc. The rules and regulations are either man-made or divine as it exist under
the common law and Islamic law respectively. Thus, it is conceivable that
different legal system will proffer different ways of dealing with the same
legal concept. The offence of murder is no exception in this regard as the common
law has its own stipulations that considerably differs from what obtains under
Islamic Law. There are certain defences that are capable of mitigating the
punishment for the offence of murder, a topical part of which is the defence of
provocation. Legal practitioners and academicians practicing under any or both
of the legal system will be greatly aided by understanding the nature of the defence
of provocation to the offence of murder under the different legal system which
hitherto has been viewed as seemingly complex and nebulous. It is against this
backdrop, that this project seeks to comparatively discuss the defence of
provocation to the offence of murder under the two aforementioned legal system.
The juxtaposition is aimed at pointing out the nature, ingredients and methods
of proving the defence of provocation to the offence of murder under both
system of laws. This research work will critically examine the common law
position as encapsulated in the Criminal and Penal Codes and also extrapolate
the nature of the defence from the Islamic law point of view. It will also point
out areas of similarities and dissimilarities (if any) between provocation as a
defence to the offence of murder under common law and under Islamic law.This
research work will contribute to the development of legal knowledge by making
far reaching recommendations for future execution.  

TABLE OF CONTENTS

COVER
PAGE…………………………………………………………………i

ATTESTATION………………………………………………………………  ii

CERTIFICATION PAGE……………………………………………………..
iii

ABSTRACT…………………………………………………………………….iv

DEDICATION …………………………………………………………………. v

ACKNOWLEDGEMENT ……………………………………………………… vi

TABLE OF STATUTES ………………………………………………………
vii

TABLE OF CASES ……………………………………………………………
viii

LIST OF ABBREVIATIONS…………………………………………………
xii

TABLE OF CONTENTS………………………………………………………
xii

CHAPTER
1

GENERAL
INTRODUCTION

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