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.

Kwara Central     KWASEIC     Kunle Suleiman     John Mayokun Dada     Umar Ahmed Gunu     CT Ayeni     Adebayo Salami     Yusuf Abdulwahab     Olayinka Are     PharmAccess Foundation     NFAI     Okin Group     Hussein Oloyede     Omotoso     Asa     Durbar     Idris Amosa Oladipo Saidu     Akande Idowu Ayoola Muhammed     Dasuki Belgore     Olokoba Sulyman     Muhammadu Buhari     Demola Banu     Bature Bello     Ilorin East     Assayomo     Shuaib Olarongbe     Saka Saadu     Idowu Laro     Mufutau Gbadamosi Esuwoye     Abdulkadri Ahmad Alaiye     Abdulrahman Abdulrasaq     Abatemi-Usman     Sa\'ad Alanamu     Bolakale Kawu Agaka     Baboko Primary School     Kwara Hotel     Tsado Manman     Taofeek Sanusi     Abdulmumini Sanni Jawondo     Abdullahi Biffo     Wakilin Mata Lafiagi     Sodiya     Ejidongari     Javed Khan     Bureau Of Lands     Abdulrauf Aliyu     Yusuf Aiyedun     Tunji Oyawoye     IQRA College     Kwara Polytechnic     Amoyo     Quareeb Islamic Association     Sam Okaula     Ajibola Saliu Ajia     Olupako     Valsolar Consultoria     Olatinwo     Bayer Nigeria Limited     Bola Magaji     Abraysports FC     Hydro-electric Power Producing Areas Development Commission     Kwara State Coalition Of Business And Professional Associations     Osi     Taibat Ayinke Ahmed     Nigerian Army     Yeketi     Sulaiman Gado     Muyiwa Oladipo Kanu     Yakubu Shaaba     Kolade Solagberu     Abubakar Lah     Oluwarotimi Boluwatife Adenike     Yusuf Amuda Abubakar     Ilorin International Airport     Isiaka Yusuf     Zainab Abass     Temitope Ogunbanke    

Cloud Tag: What's trending

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

Saka Isau     Olam Food Ingredients     IYA YUSUF     Wahab Kunle Shittu     Yunus Lawal     Hamid Bobboyi     Niguel Gallando Marcias     Eleyele     Kumbi Titilope     Abubakar Ndakene     COEASU     Sai Kayi     Bayo Ojo     Wahab Isa     Muftau Akanbi Oke     Bahago     Muslim Stakeholders Of Kwara State     Ajayi Okasanmi     Samuel Adedoyin     Afeyin-Olukuta     Aliyu Olatunji Ajanaku     Dan Iya     Amos Sayo     EndSARS     Bello Bature     Abdulrasheed Lafia     Ibrahim Abdulkadir Abikan     Sola Saraki Educational Foundation     Siraj Oyewale     Amos Bajeh     Sanitation Exercise     AGF Abdulrazaq     Kwara State Infrastructure Development Fund     JAAC     Kayode Yusuf     Abdulfatai Ahmed     Babatunde Ajeigbe     Balogun-Ojomu     Abdullahi Atanda     Babatunde Ishola Babaita     Ayinde Oyepitan     Amule     Kola Adesina     IEDPU     Abdulrazaq Sanni     Mohammed Haruna     Congress For National Consensus     Adam Abdullahi Al-Ilory     Kunle Okeowo     Ogbondoroko     Rafiu Olasile     Isiaka AbdulRazaq     Yahaya Jibril Usman     United Nigeria Congress Party     Shade Omoniyi     SDP     Ella Supreme Tissue Paper     Bolakale Kawu     Orire     Jide Oyinloye     IQRA College     College Of Education     Alliance For Democracy     Mahmud Babatunde Baker     Oniye     Tunde Saad     School Of Nursing     Balikis Jawondo     Ibrahim Oloriegbe     Malete     LAK Jimoh     Idris Garba     Mary Arinde     Pategi     Odogun Olushola Gabriel     Toyin Olayinka Tejidini     Taofik Abdulkareem Babaita