LEGAL BASES FOR AL-WAQF IN NIGERIA

Abstract

As a common trend in Nigeria, public introduction of any Islamic scheme in the country is always greeted with controversies and antagonism. The debates from the antagonists are usually heaped, inter alia, on the legality of such schemes. Thus, as an approach to impacting the necessary public education about any of such newly introduced schemes, the protagonists bear the responsibility to clarify the legal bases for the scheme. This may not elude the Islamic endowment system in the country. Accordingly, as efforts are on the increase towards promotion of the practice of Islamic endowment system (al-waqf) in Nigeria, this paper provides necessary clarifications on the legal bases for waqf in the country. The legal bases are examined from the purviews of the constitutional, Islamic law, legislative instruments and human rights bases, among others. The study is accomplished by qualitative legal research methodology. This paper reveals that the legal bases for al-waqf in Nigeria can be seen from the constitutional, Islamic law, statutory and human rights perspectives, With the expositions made in this paper, the issue of legal bases for waqf in Nigeria is expected to have been laid to rest.