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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
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
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
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