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The right to privacy in Nigeria is constitutionally guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN) (as amended). This right is further protected and operationalized through statutory frameworks, particularly the Nigeria Data Protection Act (NDPA) 2023. Shariah, as a comprehensive code of conduct, also provides extensive protections for individual privacy through Quranic injunctions and the Sunnah of Prophet Muhammad (SAW). Although Nigeria is a secular state, it has a substantial Muslim population whose personal and socio-legal lives are guided by Islamic principles. This study compares privacy rights under Nigerian statutory law and Shariah jurisprudence to assess the scope, efficacy, and adequacy of both legal frameworks. Using doctrinal legal research, this paper finds that Shariah provides a more holistic privacy framework, with stricter moral and legal sanctions for violations than the contemporary Nigerian legal system. Consequently, the paper recommends integrating selected Shariah jurisprudence principles, particularly regarding state intrusion, personal dignity, and moral sanctity, into Nigerian statutory frameworks to enhance constitutional guarantees and safeguard citizen privacy.
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ABDULMUHSIN WAKAWA (2026) studied this question.
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