Thesis Abstract

Insurance is a crucial aspect of modern financial systems, providing individuals and businesses with protection against various risks. In Nigeria, the insurance industry is regulated by statutes that govern the operations of insurance companies and the rights of policyholders. However, these statutes are primarily based on secular legal principles, which may not align with the beliefs and values of the Muslim population in the country. Islamic law, also known as Sharia, is a comprehensive legal framework derived from the Quran and the teachings of the Prophet Muhammad. Islamic finance principles prohibit the payment or receipt of interest (riba) and emphasize risk-sharing, ethical investments, and social justice. Given the growing demand for Islamic financial products in Nigeria, there is a need to explore the feasibility of incorporating Islamic law principles into the insurance sector. This research project aims to examine the legal and regulatory framework governing insurance in Nigeria and assess the compatibility of Islamic insurance (Takaful) with Nigerian statutes. The study will analyze existing insurance laws and regulations to identify any provisions that may conflict with Islamic principles and explore potential reforms to accommodate Takaful operators within the legal framework. Furthermore, the research will investigate the perception and awareness of Takaful among Nigerian Muslims and insurance consumers. Surveys and interviews will be conducted to gather data on the demand for Sharia-compliant insurance products and the reasons behind the preference for Takaful over conventional insurance. The study will also examine the experiences of other countries that have successfully integrated Islamic insurance into their legal systems, such as Malaysia and the United Arab Emirates. By comparing international best practices, the research aims to provide recommendations for regulatory reforms and policy changes that could promote the growth of Takaful in Nigeria. Overall, this research project seeks to contribute to the ongoing discourse on Islamic finance in Nigeria and explore the potential for harmonizing Islamic law principles with the existing legal framework for insurance. By addressing the regulatory challenges and consumer preferences related to Takaful, the study aims to facilitate the development of a more inclusive and diverse insurance market that caters to the needs of the Muslim population in Nigeria.

Thesis Overview

GENERATION INTRODUCTION

1.1       Background to Study

Virtually, all legal systems recognized and guaranteed certain rights for human beings.

Further to these recognized rights, some selected rights have been regarded as fundamental

rights.   Among these fundamental rights is right to acquire and own property.     The

Nigerian Constitution like that of other civilized countries, followed suit and recognized

these fundamental rights1.   Notable among these rights is right to acquire and own

property2.

In furtherance to the above, the right to own property was further guided and jealously

protected to the extent that tampering with same (somebody property) without prior

consent and permission of the owner is regarded as criminal act (i.e. offence) under the

law3.

In addition to the above, a Nigerian Citizen is allowed though subject to some limitation to

have resort to self-help in an attempt to defend his property4.

Comparatively, Islam and indeed Islamic law equally in comprehensive form provided for,

protected and guaranteed the essential rights5 (among which is right to own property).

Islamic law did not only recognize and protect the right (referred here specifically to right

1    See Chapter IV of the Constitution of Federal Republic of Nigeria 1999 (as amended).

2 See section 43, ibid.

3 For example see section 286 of P