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.

Mahmud Ayinla Giwa     Obasanjo     Gafaru Olayiwola Olorisade     General Tunde Idiagbon International Airport     Air Peace     Sulyman Abdulkareem     Idiagbon     Yusuf Abdulraheem     Yeketi     Hajj     Fatai Garuba Labaka     Olofa Of Offa     Tayo Awodiji     Kwara State Pension Board     Kola Shittu     Lukman Adeloyin     Shehu Alimi Foundation For Peace And Development     Yusuf Amuda Aluko     Muyiwa Oladipo Kanu     Muhammad Toyin Sanusi     Col. Taiwo     Saliu Tunde Bello     Victor Gbenga Yusuf     Femi Agbaje     Maigida     Ogidi-Oloje     Tafida     Markaz Arabic And Islamic Training Institute, Agege     Amule Elementary School     Toyosi Thomas     Salary     Oniyangi Kunle Sulaiman     Abdulhakeem Adelaja Amao     Sambo Murtala     Clement Yomi Adeboye     Adaramaja     Henry Olaosebikan     Ahman Pategi University     Council Of The Wise     Umar Gunu     Abdulwaheed Musa     JAMB     SUBEB     Olumide Daniel Ibitoye     Kwara Politics     Oniwasi Agbaye     Oladipo Akanmu Tolani     Orisun Igbomina     Bukola Ajikobi     Kolade Solagberu     Gobirawa     Salman Suleiman     Ibrahim Issa Jetti     Share     Benin Republic     Ubandoma Of Ilorin     Oyedepo     NULGE     Shagari     Ahmed     CACOVID Palliatives     Suleiman Idris     ANCOPPS     Coronavirus     Yusuf Ali     Taibat Ayinke Ahmed     Baaziki Sulaiman     Kayode Ogunlowo     Omoniyi M. Ayinla     Sun Qing Rong     Binta Abubakar Mora     Imam Gambari     Yaman     Al-Ilory     Sango-UITH Road     Nigerian Medical Association     Mansur Alfanla    

Cloud Tag: What's trending

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

SUBEB     Adeleke Ogungbe     Yahaya Abdulkareem     Sulyman Tejidini     Tsaragi/Share     Inside Kwara     Shehu Raheem Adaramaja     Egbewole     Ogidi-Oloje     Onilupeju Of Ilupeju     Kaiama     George Funsho Adebayo     Olabode George Towoju     AbdulHamid Adi     April 11     Shettima     IDPU     Benin Republic     Siraj Oyewale     Oju Ekun Sarumi     Tunji Arosanyin     Majlis For Sadaqah, Zakat And Waqf     Siddiq Adebayo Idowu Salawu     Taofik Abdulkareem     Rapheal Ashaolu     Abdullahi G. Mohammad     Dairo Kunle Paul     Ganmo Power Sub-Station     Isiaka Oniwa     Pakata Patriots     Rice Farmers Association Of Nigeria     Moses Rahman Popoola     Mohammed Lawal     Mansur Alfanla     COEASU     Federal Allocation     Falokun-Oja     Saliu Shola Taofeek     IPSAS     Olatunde Jare     Aro Yahaya     Halimah Perogi     Sulyman Age AbdulKareem     Ayinke Saka     Ridwan Agboola     Samari     Garment Factory     Salihu Ajibola Ajia     Sulyman Abdulkareem     Kaosarah Adeyi     Olusegun Adeniyi     Mohammed Jimoh Faworaja     Omu-aran     Osi     Funmilayo Mohammed     Kwara-SAPZ Project     Shuaib Jawondo     Yemi Osinbajo     Haruna Olawale Sulaiman     Park     ASKOMP     AbdulRazaq Abubakar Jiddah     2017 Budget     Agor     Jide Oyinloye     Lanre Aremu     IHS Towers     Wahab Egbewole     All Peoples Party     Forgo Battery Company Limited     Omoniyi     Kanu Agabi     Mashood Abdulrafiu Agboola     Saliu Oluwole     Razak Atunwa     Atiku Abubakar     CBT