Protecting vulnerable waqf beneficiaries in Nigeria: rethinking legal standing doctrine and the adversarial system of justice

Habeebulah Olawale, Alawiye and Syed Abdul Kader, Sharifah Zubaidah and Abdul Manaf, Zati Ilham (2025) Protecting vulnerable waqf beneficiaries in Nigeria: rethinking legal standing doctrine and the adversarial system of justice. In: 13th Global Waqf Conference 2025 (GWC 2025), 2025, Rabat, Morocco.

PDF (Abstract) - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

The concept of vulnerability, increasingly recognised in human rights discourse, underscores the susceptibility of individuals or groups to harm arising from structural, economic, or relational imbalances.4 In the waqf system, beneficiaries often rely entirely on waqf managers (mutawallis) for the fulfilment of their socioeconomic rights. This dependency, combined with the asymmetrical power relationship between mutawalli and beneficiary, creates a unique vulnerability.5 Despite the socio-religious significance of waqf, Nigeria’s legal framework does not adequately safeguard the rights of waqf beneficiaries, particularly when mismanagement or abuse occurs.6 Procedural doctrines such as restrictive locus standi and the adversarial system exacerbate these barriers to justice.78 This research examines the groupbased vulnerability of waqf beneficiaries in Nigeria, interrogating their locus standi and protection under the Nigerian adversarial system, considering their vulnerability. This research objectives are: 1. To establish waqf beneficiaries as a distinct vulnerable group requiring special legal safeguards against waqf management. 2. To analyse how restrictive standing rules and adversarial procedures limit waqf beneficiaries’ access to justice. 3. To propose reforms to align Nigerian waqf governance with both human rights and Islamic legal principles.

Item Type:	Proceeding Paper (Other)
Additional Information:	1742/127047
Uncontrolled Keywords:	Vulnerability; Waqf Beneficiaries; Mutawalli; Legal Standing; Adversarial System
Subjects:	K Law > K5000 Criminal Law K Law > K623 Civil Law K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof. Dr. Sharifah Zubaidah Syed Abdul Kader
Date Deposited:	26 Jan 2026 09:55
Last Modified:	26 Jan 2026 14:54
Queue Number:	2026-01-Q1821
URI:	http://irep.iium.edu.my/id/eprint/127047

Actions (login required)

View Item