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.

Bank Of Industry     Ibrahim Oniye     Principal Private Secretary     Abdulkadir Akanbi-Oke     Abdulkareem Alabi     Salary     Rotimi Oyedepo     Olaiya Zuberu     Forgo Battery     Lukman Oyebanji Fagbemi     Saad Omo Iya     Law School Scholarship     Pakata Patriots     Kaosarah Adeyi     Opobiyi     Lanre Olosunde     Oko-Erin     Aishat Mohammed Lawal     Amos Sayo     Saadu Alanamu     Sodiya     Baba Adini Of Kwara State     Ibrahim Mashood     IDPU     Abdulganiyu Oladosu     Emmanuel Bello     Sadiq Umar     Frootify     Road Transport Employers Association Of Nigeria     Seni Saraki     Neo Mundo Ltd     AbdulRazaq Abubakar Jiddah     Yusuf Arowosaye     Ajayi Okasanmi     Isiaka Abdulrazak     Unilorin     Basit Olatunji     Jumoke Monsura Gafar     Yomi Adeboye     Amuda Bembe     NIPR     Ophthalmological Society Of Nigeria     Obuh     Moses Salami     Ambassador Kayode Laro     Baboko Primary School     Oke-Odo     Saliu Ajia     Kola Adesina     Ibraheem Adeola Katibi     Freshvine Nigeria Limited     Abdulkadir Bolakale Sakariyah     IESA     Oyeyemi Olasumbo Florence     Jimba Babatunde     Alapansapa     Sulu Babaita Isiaka     Rex Olawoye     Chief Imam Of Lafiagi     Binta Sulyman     KWIRS     Suraj Tunji Oyewale     Kisira     Abdulsalam A. Yusuf     Oyelere Oyinloye     Gobir Organization Foundation     Mahmud Ajeigbe     Shuaib Boni Aliyu     Yahaya Abdulkareem     IHS Towers     Kwara United     IFK     Lai Mohammed     Olawuyi     Ariyo     Ekweremadu     Iyabo Adewuyi    

Cloud Tag: What's trending

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

Ayegbeni     SDP     A.O. Belgore     Abdulrasheed Akogun     Najim Yaasin     Tanke Flyover Bridge     Olatunji Bamgbola     Abubakar Baba     Zulu Gambari     Shagari     Abubakar Usman Jos     Musibau Akanji     Ishak Mohammed Sabi     Mohammed Abduraheem     Rafiu Olasile     Ahmad Lawan     Adedipe     Gbemi Saraki     Opobiyi     Kwara Basketball Association     Isiaka Saka Opobiyi     Amuda Bembe     Micheal Imoudu     Kwara State Football Association     SSUCOEN     Saliu Tunde Bello     Sulu Babaita Isiaka     Theophilus Oyebiyi     Oko Erin     College Of Arabic And Islamic Legal Studies     ANCOPPS     Neuropsychiatric Hospital     Roheemat Hammed     AbdulRazaq Abubakar Jiddah     Share-Tsaragi     Esuwoye     Timothy Akangbe     Aasiyat Bello Oyedepo     Imam Gambari     Ahmed     Saad Belgore     Adam Abdullahi Al-Ilory     Alore     Tinubu     Segun Ogunsola     TIC     Shade Omoniyi     Tafidan Kaiama     Abdulkareem Alabi     Ajasse-Ipo     Bilikis Oladimeji     Ijakadi     Idi-Ape     Trade Lenda SME Fair     NAWOJ     Saliu Oluwole     Aminu Adisa Logun     Sulu Gambari     Abdulwahab Olarewaju Issa     Joseph Yemi Ajayi     Maryam Ado Bayero     Kale Bayero     Abubakar Ndakene     Mumini Ishola Hanafi     Shehu Alimi Foundation For Peace And Development     Ahmad Fatima Bisola     Apata Ajele Secondary School     Principal Private Secretary     Rotimi Samuel Olujide     Fatai Garuba Labaka     Women Radio     ITP     Musa Abdullahi     Jaigbade Alao     Kwara South     Dauda Adeniran Adeshola     Maimunat Oloriegbe