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.

Abubakar Abdulraheem     Special Adviser On Digital Innovation     Sobi Specialist Hospital     Idiagbon     Elekoyangan     Abatemi Usman     Abdulraheem Olesin     Magaji Nda     Oyeyemi Olasumbo Florence     Dauda Adesola     Ejidongari     Akume     Muslim Stakeholders Of Kwara State     Ifelodun     Akorede     Bolaji Nagode     Muideen Olaniyi Alalade     Oke-Odo     Kwabes     Apaokagi     Abdulrahman Abdulrasak     Kabir Shagaya     Lateef Alagbonsi     Lithium     Charcoal     Mohammed Danjuma     Sulyman Age AbdulKareem     Shururat Olatinwo     Ubandoma Of Ilorin     Kanu Agabi     NIRSAL     Akanbi-Oke     Temi Kolawole     Susan Modupe Oluwole     Yakubu Dogara     Funmilayo Mohammed     Adedayo Yusuf Abdulkareem     Saidu Kawu     T And K FOODS     Durbar     Sanitation Exercise     Baruten     Nigeria Foundation For Artificial Intelligence     Bature Bello     Lithium Deposit     Habeeb Saidu     Kwara North     Javed Khan     First Lady     PPS     Abdulkareem Alabi     Ganiyu Taofiq     Folashade Omoniyi     Opaleke Bukola Iyabo     Sobi Hill     Adebayo Salami     Ijagbo Health Centre     Garba Dogo     Clara Nwachukwu     KSIRS     Yoruba     Olatunji Moronfoye     Ambassador Kayode Laro     Ishola Moses Abiodun     Ahmed Bolaji Nagode     Oyin-Zubair     Wahab Olasupo Egbewole     Convocation Ceremonies     Sheikh Hamzat Yusuf Ariyibi     Razaq Ayobami Akanbi     Minimum Wage     Makama     Riskat Opakunle     Sherif Sagaya     Ahmad Belgore     Olayinka Oladapo Jogunola     AbdulFatai Adeniyi Dan-Kazeem    

Cloud Tag: What's trending

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

Yahaya A Paniyaro     Sulu Babaita Isiaka     Sheriff Shagaya     Umaru Saro     Kulende-UITH     Special Agro-industrial Processing Zone     Khairat Gwadabe     Sobi Hill     ER-KANG Mining Nigeria Company Limited     Kazeem Gbolagade     Neuropsychiatric Hospital     Jare Olatundun     Adedayo Yusuf Abdulkareem     Quranic Recitation Competition     Rabiu Kwankwaso     Issa Manzuma     Valsolar-Kwara Company Limited     Kunbi Titiloye     Gambari     NNPP     Ilorin General Hospital     Road Transport Employers Association Of Nigeria     Hausa     Bond     Kwara Muslim Pilgrims Welfare Board     Pacify Labs     Abubakar Imam     Yoruba     Olayinka Olaogun     Monkey Pox     Muhammad Ghali Alaaya     Oyin-Zubair     Aliyu U. Tilde     Ibrahim Agboola Gambari     Chikanda     Olaitan Buraimoh     Tunji Folami     Ilorin Talaka Parapo     KWASIEC     Abdulwahab Oba     Mutawali     Ijakadi     Lola Olabayo     Abdulrahman Abdulrasaq     Kwara Apc     Emmanuel Olatunji Adesoye     Amoyo     Baba Issa Awoye     Moses Adekanye     Titus Ashaolu     Razaq Atunwa     Forgo Battery Company Limited     JAAC     Yaru     Mustapha Olanipekun     Ogidi-Oloje     Muazam Nayaya     Funmilayo Mohammed     Makama     IESA     Afetu Of Alabe     Clement Yomi Adeboye     Alfa Yahaya Road     Talaka Parapo     Kwara     Na\'Allah     Junior Secondary School Certificate Examinations     Sadiq Buhari     Issa Baba     FOMWAN     Elerin Of Erin-Ile     Akanji     Kayode Ogunlowo     Mustapha Akanbi     Musa Aibinu     Freshvine Nigeria Limited     Ahmed Bolaji Nagode