RELIGIOUS RIGHTS AND PUBLIC LAW IN NIGERIA: A JEWISH LEGAL PERSPECTIVE ON STATE REGULATION OF RELIGIOUS PRACTICES

Publication Details

Publication Date

10/08/2026

Volume / Issue

Vol 1, Issue 3 (2026)

Article No.

013

Journal

British Journal of Contemporary Research

DOI

https://doi.org/10.67693/BJCR-7LLGYUZY

Received

13 Jul 2026

Views

37

Downloads

19

Abstract

The relationship between religious rights and public law is a critical concern in pluralistic societies, particularly in Nigeria, where the Constitution guarantees freedom of religion while state regulation seeks to maintain public order and secular governance. Although scholarship has examined religious freedom in Nigeria and Jewish legal principles on state authority and religious autonomy, no study has systematically applied Jewish legal reasoning to analyse Nigeria's regulation of religious practices. This study addressed that gap by examining how Jewish legal principles, particularly dina d'malkhuta dina ("the law of the land is the law"), could illuminate the challenges and opportunities of balancing religious freedom with state authority in Nigeria. Employing a qualitative doctrinal comparative approach, the research analysed constitutional provisions, statutes, judicial decisions, and scholarly literature using a normative comparative framework grounded in legal pluralism. The scope was limited to religious rights and state regulation in Nigeria from 1999 to the present. The findings indicated that Nigerian public law and Jewish jurisprudence shared normative commitments to lawful authority, social order, and the protection of religious freedom. Comparative analysis revealed that adopting principles from Jewish law, such as compliance with general civil authority while preserving religious integrity, could enhance proportionality, neutrality, and clarity in regulating religious practices. The study concluded that integrating insights from Jewish legal thought could strengthen Nigeria's constitutional framework by guiding courts and lawmakers in balancing secular governance with pluralistic religious freedoms. It recommended proportional regulation, content-neutral laws, institutional neutrality, clear judicial guidelines, and constitutionally bounded engagement with religious communities.

License

This article is published under the Creative Commons Attribution 4.0 International License . Free to read, share, and adapt with attribution.