Insurance Under Nigerian Statutes: the Islamic Law Alternative
Insurance Under Nigerian Statutes the Islamic Law Alternative
Chapter One of Insurance Under Nigerian Statutes the Islamic Law Alternative
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