OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN STATUTE

(A COMPARATIVE ANALYSIS)

ABSTRACT

Most countries have conferred the power/ownership of their resources on their government, not allowing individuals to lay claim to them. This has been beneficial for international business purposes, especially in the petroleum sector and has ensured stable revenue which is then distributed amongst the individual states in the country; while some countries like the USA recognize both state and individual ownership. Associated with exploration and exploitation activities of most natural resources is environmental degradation, which puts the environment in a non-usable position. There is therefore a need to reduce the effect of these activities. With increasing Environmental damage from the international oil companies, which has not been properly addressed by the government in countries like Nigeria, individuals have began to opt for control of their resources rather than leaving them in the control of the government. This paper aims at analyzing the effect of resource ownership by the government of a state, using Nigeria as a case study and whether the Shairah rules as established in the four juristic schools of Islamic taught can avail Nigeria from the problem of resource control agitation by the people.

Table of Contents

CHAPTER ONE

GENERAL INTRODUCTION

1.0     INTRODUCTION

1.1     BACKGROUND TO THE STUDY

1.2     OBJECTIVE S OF STUDY

1.3     FOCUS OF STUDY

1.4     SCOPE OF STUDY

1.5     METHODOLOGY

1.6     LITERATURE REVIEW

1.7     DEFINITION OF TERMS

1.8    CONCLUSION

CHAPTER TWO:

LEGAL FRAMEWORK ON OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER SHARIAH

2.0     INTRODUCTION

2.1     STATE OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIA

2.2     INDIVIDUAL OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER SHARIAH

2.3     CONCLUSION

CHAPTER THREE:

LEGAL FRAMEWORK FOR OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE NIGERIAN

STATUTE

3.0     INTRODUCTION

3.1     OWNERSHIP AND CONTROL OF MINERAL RESOURCES IN PRE-INDEPENDENCE NIGERIA

3.2    OWNERSHIP AND CONTROL OF MINERAL RESOURCES IN POST INDEPENDENCE NIGERIA

3 .3   CONCLUSION

CHAPTER FOUR:

COMPARATIVE ANALYSIS OF THE OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH AND THE NIGERIAN STATUTE

4.0    INTRODUCTION

4.1     COMPARATIVE ANALYSIS OF THE CONCEPT OF MINERALS UNDER THE SHARIAH AND NIGERIA STATUTE

4.2    COMPARATIVE ANALYSIS OF OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN STATUTE

4.3    CONCLUSION

CHAPTER FIVE:

GENERAL CONCLUSION

5.0   CONCLUSION

5.1   RECOMMENDATION

BIBLIOGRAPHY

ARTICLE IN JOURNALS BOOKS

CHAPTERS IN BOOKS.