Kwara Shari'ah Court Chief: No Approval Needed for Islamic Arbitration Panels in South-West

Date: 2025-02-24

The Qadi of the Shari'ah Court of Appeal in Kwara State, Justice Abdurraheem Sayi, has clarified that Muslims do not require approval from state authorities or traditional rulers to establish and operate Shari'ah arbitration panels in the South-West region.

In his statement, Justice Sayi described objections to Shari'ah arbitration panels in the South-West as "legally baseless, an embarrassment to legal minds, and a mere expression of Islamophobia syndrome." He further noted that these concerns have been deliberately overlooked by the affected states, highlighting what he views as an unwarranted resistance to such initiatives.

Justice Sayi made the assertion while delivering a lecture on “Shari'ah in South-West Nigeria” at the University of Lagos Muslim Alumni 30th Pre-Ramadan Lecture, themed “The Transformative Power of Ramadan,” which was held at the J.F. Ade Ajayi Auditorium, UNILAG, on Sunday,

The lecture, attended by Lagos State Deputy Governor, Obafemi Hamzat, Ogun Deputy Governor, Noimot Salako, and other dignitaries, aimed to dispel misconceptions about Shari'ah law and arbitration in the region.

Justice Sayi emphasised that arbitration is a contractual matter that does not require government approval, stating, “There's no confusion in the Nigerian Constitution. Arbitration is by contract.

“Nobody needs the approval of the Federal Government to operate it. As powerful as the President is, his authority does not extend to approving the Constitution of an arbitration panel. It is purely contractual.”

He further asserted that Muslims do not need permission from religious bodies or traditional rulers to operate Shari'ah panels, as the law grants private citizens the right to do so.

He said, “We don't need the approval of any state authority, let alone a monarch. Associations, including political parties, can establish small committees to resolve disputes involving their members.

“All the Muslim panels that I know of always hold their sittings inside mosques. What business do pastors or monarchs have in this matter? Somebody should tell the monarchs to know their boundaries.”

Citing the Arbitration and Mediation Act of 2023, the judge explained that the law not only allows private citizens to form arbitral panels but also grants them the authority to determine the legal framework governing such panels.

Justice Sayi highlighted the effectiveness of Shari'ah arbitration in Lagos, revealing that “there have been multiple instances where High Court judges informed litigants that they were helpless and, as a result, referred cases to the Independent Shari'ah panel.”

He questioned why Muslims in Lagos, Osun, and Ogun—where they form a significant part of the population—are denied legal structures such as Shari'ah courts that address their personal and family matters.

Clarifying the role of Shari'ah panels, the judge stated that they are “not substitutes for courts but function by contract, where attendance is voluntary; however, once a person participates in the proceedings, the decision becomes binding.”

Addressing the broader legal framework, Justice Sayi argued that while the law mandates inclusivity and national unity over sectional loyalties, Muslims in the South-West Nigeria remain excluded from the region's family law system.

He urged the South-West governments to allow the establishment of Shari'ah courts to give Muslims a sense of belonging and provide a legal framework for resolving matters such as child custody, marriage dissolution, and others.

He said, “There is no single provision for Muslims in the family laws of the South-West. It's as if we are second-class citizens or do not belong to these states.

“There is no single court in the region competent to dissolve an Islamic marriage or handle child custody cases following Islamic law. Shari'ah is a fundamental right of Muslims.”

Also speaking at the event, Professor Mashood Baderin of the School of Oriental and African Studies, University of London, delivered a lecture on “Islam at the Intersection of Humanity and Religion,” urging Muslims to manifest their faith in ways that positively impact society, including the observance of their five daily prayers.

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Sarafadeen Kayode Akorede     Adamu Atta     Association Of Kwara State Online Media Practitioners     Shehu Alimi Foundation For Peace And Development     Kwara Volleyball Association     Jawondo     Esinniobiwa Quareeb     Ayeyemi Sulaiman     Medview Airlines     Balogun-Ojomu     Junior Secondary School Certificate Examinations     Alabi Lawal     Special Adviser On Digital Innovation     Nnazua     Moji Makanjuola     Kwara State Sports Commission     Oluwole Dupe     AbdulRazaq Jiddah     Ahmed Shuaib Buranga     Muhammad Toyin Sanusi     Kazeem Adekanye     ER-KANG Mining     Mohammed Ghali Alaaya     Abdulmumin Yinka Ajia     Azeez Salawu     Abdullahi Samari     Yakubu Shaaba     Ibrahim Mashood     AbdulQowiy Olododo     NTA Ilorin     ASUU     Hydro-electric Power Producing Areas Development Commission     Issa Baba     Abdullahi Atanda     Olubukola Kifayat Adedeji     Taofik Mustapha     Abdulfatai Salman Baakini     Student Learning Support Helpline     Third Estate     Abdulfatai Baakini     Mahmud Durosinlohun Atiku     Olufolake Abdulrazaq     Oasis Muslim Care Foundation     Mike Omotosho     Osuwa     Taofeek Ibraheem     Bayo Ajia     General Hospital, Offa     Raheem Adaramaja     Okin High School     Societe Generale Bank Of Nigeria     General Hospital, Ilorin     AGILE Programme     RTEAN     Oloje     Olatinwo     KWTV     Allocation     Kudirat Arinola Lawal     Revenue Court     Onilupeju Of Ilupeju     YAKOOYO     Abdulrahman Abdulrasaq     Halimah Perogi     Ebola     Ita-Ore     Overland     Yusuf Badmus     Erubu Oba Zubair     Abdulazeez Uthman     Marufat Oladosu     Kwara State Fish Farmers Association     Seni Saraki     Isiaka Yusuf     International Aviation College     Rebecca Bake     Emir Of Yashikira    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Kwara State Governor     Abdulkadir Orire     EndSARS     Ilorin Like-Minds     Raji AbdulRasaq     Shagari     Hamza Usman     Abdulmumini AbdulRazaq     Adekunle David Dunmade     N-Power     KW-GIS     Isiaka Gold     Saka Onimago     Code Of Conduct Bureau     Muhammad Yahya     Gambari     Okoolowo     Hameed Oladipupo Ali     Omu-aran     Amule     Ambassador Kayode Laro     Prince Bola Ajibola     Ilesha-Gwanara     Afolabi-Oshatimehin Adenike Harriet     Baba Idris     Osinbajo     Salihu Ajibola Ajia     Idris Amosa Oladipo Saidu     Undergraduate Bursary     Kawu     Saadu Gbogbo Iwe     AbdulHamid Adi     Justina Oha     Junior Secondary School Certificate Examinations     Oluwole Dupe     Ilorin Emirate Stakeholders Forum     Abubakar Ndakene     Adisa Logun     JAAC     Tinubu     Shehu Adaramaja     SWAN     Gaa Olobi     Salaudeen Oyewale     Agor     Gani Saadu     Abioye Bello     Okiki     Olubukola Kifayat Adedeji     Sulu Gambari     Kunle Suleiman     Salman Alada     Joseph Alex Offorjama     Fatai Garuba Labaka     Tunde Oyawoye     Maigida     Binta Abubakar-Mora     Just Event Online     Ibrahim Akaje     Olokoba Sulyman     Nigerian Medical Association     Abubakar Abdulraheem     Kola Adesina     AbdulFatai Adeniyi Dan-Kazeem     Muhammad Fawaz Abubakar     Is\'haq Modibbo Kawu     Ajuloopin     Ayodele Shittu     Kwarareports     Suleiman Yahya Alapansapa     Musa Ayinla Yeketi     Arinola Fatimoh Lawal     Kwara Liberation Group     Tunde Yusuf     Kayode Ishola     Raymond Olaitan     Tinubu Legacy Forum