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

OFFENCE OF ADOPTION LAW AND POLICY IN THE NIGERIA LEGAL SYSTEM
June 19, 2017
RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION ISSUES AND CHALLENGES
June 19, 2017
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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 CONTENT
COVER PAGE ………………………………………………….. ii
CERTIFICATION ……………………………………………… iii
ABSTRACT ………………………………………………………iv
TABLE OF CONTENT ………………………………………….. v-vii
DEDICATION …………………………………………………… viii
ACKNOWLEDGEMENT ……………………………………….. ix
CHAPTERS AND VERSES IN THE QURAN ………………………… x
TABLE OF CASES ………………………………………………………. xi
TABLE OF STATUTES …………………………………………………. xii
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0: INTRODUCTION ……………………………………………………. 1
1.1.0: BACKGROUND TO THE STUDY …………………………………. 2
1.2.0: OBJECTIVE S OF STUDY ………………………………………….. 3
1.3.0: FOCUS OF STUDY …………………………………………………… 4
1.4.0: SCOPE OF STUDY …………………………………………………… 4
1.5.0: METHODOLOGY……………………………………………………… 4
1.6.0: LITERATURE REVIEW …………………………………………….. 5
1.7.0: DEFINITION OF TERMS ……………………………………………. 11
1.8.0: CONCLUSION ………………………………………………………… 12
CHAPTER TWO:
LEGAL FRAMEWORK ON OWNERSHIP AND CONTROL OF MINERAL
RESOURCES UNDER SHARIAH
2.0.0: INTRODUCTION …………………………………………………… 13
2.1.0: STATE OWNERSHIP AND CONTROL OF MINERAL RESOURCES
UNDER THE SHARIA …………………………………………… 15
2.2.0: INDIVIDUAL OWNERSHIP AND CONTROL OF MINERAL
RESOURCES UNDER SHARIAH ……………………………… 21
2.3.0: CONCLUSION ……………………………………………………… 26
CHAPTER THREE:
LEGAL FRAMEWORK FOR OWNERSHIP AND CONTROL OF MINERAL
RESOURCES UNDER THE NIGERIAN STATUTE
3.0.0: INTRODUCTION ……………………………………………………… 28
3.1.0: OWNERSHIP AND CONTROL OF MINERAL RESOURCES IN PREINDEPENDENCE
NIGERIA ……………………………………….. 32
3.2.0: OWNERSHIP AND CONTROL OF MINERAL RESOURCES IN POST
INDEPENDENCE NIGERIA ………………………………………. 36
3 .3.0: CONCLUSION ……………………………………………………….. 51
CHAPTER FOUR:
COMPARATIVE ANALYSIS OF THE OWNERSHIP AND CONTROL OF
MINERAL RESOURCES UNDER THE SHARIAH AND THE NIGERIAN
STATUTE
4.0.0: INTRODUCTION ……………………………………………………… 53
4.1.0: COMPARATIVE ANALYSIS OF THE CONCEPT OF MINERALS UNDER
THE SHARIAH AND NIGERIA STATUTE ………………………. 53
4.2.0: COMPARATIVE ANALYSIS OF OWNERSHIP AND CONTROL OF
MINERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN
STATUTE ……………………………………………………………… 55
4.3.0: CONCLUSION ………………………………………………………… 60
CHAPTER FIVE:
GENERAL CONCLUSION
5.0.0: CONCLUSION ………………………………………………………… 61
5.1.0: RECOMMENDATION ……………………………………………….. 64
BIBLOGRAPHY …………………………………………………….. xiii
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