The jurisprudence of Islamic endowment system (al-waqf)‎ in Nigeria : concepts and ingredients

Abstract EN

As popular as items designated as Islamic personal matters under the Nigerian Constitution are, there have not been dedicated studies on each of those items to unravel what they truly connote within the context in which they have been so designated.

While out of these matters, issues relating to marriage and its allied subjects like divorce, child custody and maintenance have received some attentions in scholarly works expounding their principles, with issues of inheritance (mirath) and will (wasiyyah) featuring much more in court cases, the subject of waqf (endowment) has not yet been given the desired legal study in the country.

This study therefore undertakes to explore the jurisprudence of waqf within the Nigerian legal system with specific focus on its concepts and ingredients for its validity.

This study is explorative with the discussion advanced through the doctrinal legal research methodology.

Through this study, what the subject of waqf purports within the Nigerian legal regime becomes manifest.

Accordingly, it is clear that, the Islamic law definition of waqf as espoused by the MÉliki School holds sway in Nigeria as the Islamic purports of waqf.

It is also revealing that waqf is an Islamic personal law which also has some peculiar conditions attached to it for its validity which stands unique to the waqf institution within the Nigerian legal context.