Project Abstract

Abstract
The insurance industry in Nigeria is primarily governed by the Insurance Act of 2003, which sets out the regulatory framework for conventional insurance practices in the country. However, with the growing Muslim population in Nigeria, there is a need to explore alternative insurance options that are compliant with Islamic law, or Shariah. This research project aims to examine the feasibility and implications of integrating Islamic insurance, also known as Takaful, within the existing Nigerian insurance regulatory framework. Islamic insurance operates based on the principles of mutual cooperation, risk-sharing, and adherence to Shariah-compliant practices. Takaful models avoid interest (riba), uncertainty (gharar), and gambling (maysir), which are prohibited under Islamic law. By pooling resources from participants, Takaful aims to provide mutual protection against unforeseen events and losses. The principles of Takaful align with the ethical and moral values of Islamic finance, making it an attractive alternative for Muslim consumers seeking insurance coverage. This research project will analyze the compatibility of Takaful with Nigerian statutes and regulatory requirements. It will assess the legal and operational challenges of incorporating Islamic insurance within the existing framework, considering factors such as capital requirements, solvency regulations, and consumer protection measures. The study will also explore the potential benefits of introducing Takaful in Nigeria, such as increased financial inclusion, access to Shariah-compliant financial products, and diversification of the insurance market. Furthermore, the research will investigate the perception and awareness of Takaful among Nigerian Muslims, as well as the willingness of insurance providers to offer Islamic insurance products. By conducting interviews, surveys, and case studies, the project aims to provide insights into the demand for Takaful in Nigeria and the strategies needed to promote its adoption in the market. Additionally, the study will examine the role of regulatory bodies, such as the National Insurance Commission (NAICOM), in facilitating the development of Islamic insurance in Nigeria. Overall, this research project seeks to contribute to the ongoing discourse on alternative insurance practices in Nigeria by exploring the potential of Islamic insurance as a viable option for Muslim consumers. By addressing the legal, regulatory, and market considerations of Takaful, the study aims to provide recommendations for policymakers, regulators, and insurance stakeholders interested in promoting financial inclusion and diversity within the Nigerian insurance sector.

Project 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