Legal and institutional frameworks for the protection of waqf beneficiaries’ Rights in Western Nigeria

Abstract

The current doctoral research critically examines the legal protection of waqf beneficiaries’ rights (WBR) in Western Nigeria. Despite the waqf's immense potential to promote social justice and community development in Western Nigeria, the protection of WBR remains significantly underregulated compared to Northern Nigeria. The administration of waqf in the region is undermined by systemic corruption, weak legal oversight, and a general neglect of beneficiary protection, leaving beneficiaries vulnerable to exploitation and harm by mutawallis. Addressing these challenges is essential to unlocking the waqf’s transformative role in advancing equitable development and social welfare. The research questions investigate the theoretical foundations for protecting WBR, evaluate the effectiveness of existing legal and enforcement mechanisms in protecting WBR within Western Nigeria, and explore legal and institutional reforms needed to enhance waqf beneficiaries’ protection (WBP). Through a beneficiary-centric waqf governance (BMW) model based on stakeholder theory, maqasid Shariah, and group-based vulnerability frameworks, the research examines the strength of existing legal and institutional frameworks for waqf governance across Western Nigeria. It employs a mixed-methods methodology, combining doctrinal legal analysis, comparative analysis, and the analysis of empirical data collected through semi-structured interviews. Findings show that waqf beneficiaries in Western Nigeria often face weak legal protection due to the absence of dedicated waqf legislation and the insufficiency of Nigerian conventional law to address the complexities of waqf management. This is compounded by beneficiaries’ limited legal standing and awareness, which restricts their access to justice and leaves them vulnerable to exploitation and mismanagement by mutawallis. Further, the research highlights the role of various regulatory and enforcement mechanisms in Western Nigeria, including the courts, the police force, the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the state-run legal aid and mediation centres in safeguarding WBR across the region. However, it also identifies key institutional weaknesses that undermine their effectiveness, notably the lack of Shariah expertise within these bodies and their limited accessibility to vulnerable beneficiaries, collectively contributing to the inadequate protection of WBR in the region. The research thus calls for comprehensive legal reforms and institutional innovations that integrate Islamic normative principles with modern accountability standards to protect waqf beneficiaries in Western Nigeria. Ultimately, this research contributes a novel legal perspective to waqf discourse across the globe, advocating for enforceable beneficiary rights as a means to revive the waqf institution as an instrument of justice, sustainability, and inclusive development in Western Nigeria.