Shariah Governance and Legal Enforceability in Islamic Banking: Reassessing Nigeria's Framework Through Comparative Insights From Malaysia, the United Kingdom, the United Arab Emirates and Morocco

Islamic banking has emerged as a globally recognised financial system grounded in Shariah principles prohibiting riba (interest), gharar (uncertainty), and maysir (speculation), while promoting ethical, asset-backed and risk-sharing transactions. In Nigeria, the development of non-interest banking marks a significant regulatory milestone within a plural legal order. However, the legal framework governing the sector remains fragmented and largely dependent on regulatory instruments rather than a coherent legislative structure. This article examines the relationship between Shariah governance and legal enforceability in Nigeria and argues that the current framework is weakened by the advisory status of Shariah governance institutions, the absence of a dedicated statutory framework, and the lack of structured judicial engagement with Shariah questions. Using a doctrinal and comparative methodology, the study evaluates Nigeria's framework alongside Malaysia, the United Kingdom, the United Arab Emirates, and Morocco, and incorporates regulatory developments through mid-2026, including the Financial Reporting Council of Nigeria's adoption of AAOIFI standards, the Central Bank of Nigeria's approval of a non-interest banking window for the Bank of Industry, and the National Insurance Commission's takaful-specific rule-making under the Nigerian Insurance Industry Reform Act 2025. It finds that jurisdictions with statutory recognition of Shariah governance achieve greater legal certainty, while regulation-led systems remain vulnerable to ambiguity. It concludes that Nigeria must transition from regulatory accommodation to legislative consolidation, and offers comparative recommendations for each jurisdiction examined