Thesis Abstract

Abstract
The insurance industry in Nigeria operates under statutory regulations that are predominantly based on Western legal principles. However, given the religious diversity in the country, there is a growing interest in exploring alternative legal frameworks that are in line with Islamic law principles. This research project delves into the feasibility and implications of integrating Islamic law principles into the Nigerian insurance sector. The study examines the legal foundations of insurance in Nigeria, highlighting the current statutory framework and its compatibility with Islamic law. Through a comparative analysis of conventional insurance practices and Takaful (Islamic insurance) principles, the research evaluates the key differences and similarities between the two systems. Furthermore, the study investigates the potential benefits and challenges of implementing Islamic insurance within the Nigerian legal context. By analyzing case studies and jurisprudence related to Islamic finance and insurance, the research sheds light on the practical implications of adopting Takaful in Nigeria. Additionally, the project assesses the regulatory considerations and legal adjustments that would be necessary to facilitate the integration of Islamic insurance within the existing legal framework. The research also explores the perceptions and attitudes of stakeholders in the Nigerian insurance industry towards Islamic insurance, providing insights into the readiness of the market for such alternative mechanisms. Through a comprehensive review of literature, legal documents, and expert opinions, this study aims to contribute to the ongoing discourse on legal pluralism and financial inclusion in Nigeria. The findings of this research are expected to offer valuable insights for policymakers, legal practitioners, and industry stakeholders seeking to promote diversity and inclusivity in the Nigerian insurance sector. Ultimately, the research advocates for a more inclusive legal framework that accommodates different religious perspectives and promotes innovation within the insurance industry.

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