AN EXAMINATION OF THE CONSTITUTIONALITY OF ISLAMIC BANKING OPERATIONS IN NIGERIA

There is strong argument weather the operation of Islamicbanking in Nigeria is constitutional or not. The right to engagein a financial system compatible with someone's faith is beyondsocial and economic rights and hence it falls under Chapter IVof the Constitution as the right to freedom of religion. As afundamental human right, the government has an obligation tofacilitate its actualization and the duty to put in placemechanisms to ensure it is not derogated upon except in themanner provided under Section 45(1) of the Constitution.Among the problem that this paper intends to address is to clearthe misconception by the antagonist of Islamic bankingoperations in Nigeria that it is an attempt to Islamized thecountry. This problem has generated prolong debate amongscholars. The aim of the paper therefore is to highlight andexamine the legal framework for the Islamic banking operationin Nigeria with the objective of clearing the doubt cast by theantagonist of Islamic banking operation. The methodologyadopted by the paper is doctrinal in nature (by way of contentanalysis of relevant laws and decided authorities). The paperobserved that the operation of Islamic banking in Nigeria has inno way contradict the spirit of the Constitution of the FederalRepublic of Nigeria 1999 (As Amended) thus, the paperrecommends that the stakeholders and council of experts inIslamic banking should provide means of making it operationmore effective just like other conventional banks so as to havewider coverage and more branches across the countries.

There is strong argument weather the operation of Islamic
banking in Nigeria is constitutional or not. The right to engage
in a financial system compatible with someone's faith is beyond
social and economic rights and hence it falls under Chapter IV
of the Constitution as the right to freedom of religion. As a
fundamental human right, the government has an obligation to
facilitate its actualization and the duty to put in place
mechanisms to ensure it is not derogated upon except in the
manner provided under Section 45(1) of the Constitution.
Among the problem that this paper intends to address is to clear
the misconception by the antagonist of Islamic banking
operations in Nigeria that it is an attempt to Islamized the
country. This problem has generated prolong debate among
scholars. The aim of the paper therefore is to highlight and
examine the legal framework for the Islamic banking operation
in Nigeria with the objective of clearing the doubt cast by the
antagonist of Islamic banking operation. The methodology
adopted by the paper is doctrinal in nature (by way of content
analysis of relevant laws and decided authorities). The paper
observed that the operation of Islamic banking in Nigeria has in
no way contradict the spirit of the Constitution of the Federal
Republic of Nigeria 1999 (As Amended) thus, the paper
recommends that the stakeholders and council of experts in
Islamic banking should provide means of making it operation
more effective just like other conventional banks so as to have
wider coverage and more branches across the countries.

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LEGAL EXPOSITION OF THE LAWS ON INTERNALLY GENERATED REVENUE (IGR) IN NIGERIA

Author(s): Ekhator Atise Johnson PhD , BL, FCNA, FCTI, FCE

ANALYSING INFORMATION CULTURE AND ITS DEVELOPMENT IN ISLAMIC COLLEGES IN NEW UZBEKISTAN

Author(s): A.A. Anvarov

FEDERAL CHARACTER PRINCIPLE IN THE NIGERIAN FEDERAL SYSTEM OF GOVERNMENT

Author(s): Dr. Musa Alkali Lawan, Abdullahi Usman, Professor Kamal Alhaji Dawud

OF THE OFFICE OF A QᾱDI (JUDGE) IN ISLAMIC LAW AND THE NIGERIAN LEGAL SYSTEM: A CRITIQUE

Author(s): Ismail Danjuma Yusuf LL.B, BL. LL.M

AN APPLICATION OF THE ISLAMIC FINANCE PRINCIPLE OF RIBA TO THE POS BUSINESS IN NIGERIA

Author(s): F.A KERA, Ph.D, MUHAMMAD SAMBO UMAR

CORPORATE SOCIAL RESPONSIBILITY (CSR) AS A MECHANISM FOR MANAGING THE EFFECTS OF COVID19 PANDEMIC: ISLAMIC LAW PERSPECTIVE

Author(s): Aliyu MUSTAPHA, Habibu Yunusa

LEGAL CONUNDRUM OF AMNESTY GRANT AS MECHANISM FOR COMBATING TERRORISM IN NIGERIA: SHARI’AH STANDPOINT

Author(s): Onikosi A. A, Ahmed A. Muhammed-Mikaaeel

CHILD’S RIGHT TO EDUCATION IN ISLAMIC LAW: REFLECTIONS ON BOKO HARAM INSURGENCY

Author(s): Aishatu Kyari Sandabe, Mohammed BabaKano Aliyu, Ibrahim Muhammad Ahmad

THE ELIGIBILITY CODE OF SPECIAL HEIRS TO INHERIT IN ISLAMIC LAW OF INHERITANCE: THE CHALLENGE OF MODERN SCIENCE TECHNOLOGY AND THE 1999 NIGERIAN CONSTITUTION

Author(s): Professor Umar S. Abbo Jimeta (new)

Preliminary Pages Volume VIII, No. 1 December, 2023

Author(s): UNIMAID JICOL

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