Conventional And Islamic Mortgage Financing (a Legal Comparison)

Home ownership has been a problem to many people in Nigeria. This is the more reason why efforts are being made from all quarters to alleviate this problem. The two most prominent of these efforts are the Home Financing Schemes, otherwise known as Mortgage Financing, which are made by the public corporations and private institution. The effort of the public corporations is known as Conventional Mortgage Financing while a part of the private institution is that of the Islamic Economic System known Islamic Mortgage Financing. The focus of this research study is to compare the legal frameworks of these two opposite mortgage financing schemes. This is to be able to balance the regulatory issues that generate from the acceptability of these schemes in other to avail the Muslims the understanding of opting for the scheme that best aligns with the demand of their faith, without necessarily transgressing the law of the land in any way, bearing in mind the nascent status of the Islamic option, which is yet to enjoy a focused/specific municipal legal attention.

COVER PAGE

CERTIFICATION PAGE

ABSTRACT

TABLE OF CONTENTS

DEDICATION

ACKNOWLEDGMENT

TABLE OF CASES

TABLE OF STATUTES

INTERVIEWS AND PERSONAL COMMUNICATION

LIST OF ABREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0 INTRODUCTION

1.1.0 BACKGROUND OF THE STUDY

1.2.0 OBJECTIVE OF THE STUDY

1.3.0 FOCUS OF THE STUDY

1.4.0 SCOPE OF THE STUDY

1.5.0 METHODOLOGY

1.6.0 LITERATURE REVIEW

1.7.0 DEFINITION OF TERMS

1.8.0 CONCLUSION

CHAPTER 2

CONCEPTUAL FRAMEWORKS OF CONVENTIONAL AND ISLAMIC MORTGAGE FINANCING

2.0.0 INTRODUCTION

2.1.0 CONCEPT OF CONVENTIONAL MORTGAGE FINANCING

2.1.1 MORTGAGE FINANCIAL INDUSTRY IN NIGERIA

2.1.2 PUBLIC MORTGAGE FINANCIAL INSTITUTIONS 

2.2.0: CONCEPT OF ISLAMIC MORTGAGE FINANCING

2.2.1: ISLAMIC COOPERATIVE SOCIETY

2.2.2: THE PRODUCTS OF ISLAMIC MORTGAGE FINANCING

2.3.0: CONCLUSION

 

CHAPTER 3

EXAMINATION OF THE LEGAL FRAMEWORKS OF CONVENTIONAL AND ISLAMIC MORTGAGE FINANCING

3.0.0: INTRODUCTION

3.1.0: THE LEGAL FRAMEWORK UNDER THE NIGERIAN 1999CONSTITUTION

3.1.1:  THE   LEGAL   FRAMEWORK   UNDER   THE   CBN   ACT, 2007 

3.1.2:  THE   LEGAL   FRAMEWORK   UNDER   THE   FMBN   ACT,2004 

3.2.0: MORTGAGE FINANCING UNDER THE SHARI’AH

3.3.0: THE ISLAMIC MORTGAGE FINANCING UNDER THE NIGERIAN STATUTES

3.3.1: THE  LEGAL  FRAMEWORK  UNDER  THE  NIGERIAN  1999 CONSTITUTION

3.3.1: THE LEGAL FRAMEWORK UNDER THE CBN ACT,2004

3.3.2: THE LEGAL FRAMEWORK UNDER THE BOFIA, 2004

4.4.0: CONCLUSION

CHAPTER 4

ANALYSIS OF THE LEGAL FRAMEWORKS

4.0.0:  INTRODUCTION

4.1.0: THE SIMILARITY BETWEEN THE LEGAL FRAMEWORKS OF CONVENTIONAL AND ISLAMIC MORTGAGE FINANCING SCHEMES

4.1.1:  THE  CONTRAST  BETWEEN  THE  LEGAL  FRAMEWORKS  OF CONVENTIONAL  AND  ISLAMIC  MORTGAGE  FINANCING SCHEMES

4.2.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION 

BIBLIOGRAPHY

ARTICLES IN JOURNALS

ARTICLES ON THE INTERNET

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PAPERS PRESENTED AT CONFERENCE, WORKSHOPS AND SEMINARS