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.

Democracy Day     Kwara     Bola Sagaya     Abdulkadri Ahmad Alaiye     Olatunji Abdulmumeen     Federal College Of Education (Special), Afon     Haliru Dantoro     Usman Yunusa     Mary Arinde     Folaranmi Aro     Bello Oyebanji     Lukman Adeloyin     Modibo Kawu     Mutawalle     Suleiman Rotimi Iliasu     MalHub     Mohammed Yisa     Amina El-Imam     Abdulrasheed Akogun     Ishola Balogun Fulani     Lithium     Economic And Financial Crimes Commission     Tunji Moronfoye     Ministry Of Women Affairs And Social Development     Baba Issa Awoye     Obuh     Funmilayo Oniwa     Yusuf Amuda Abubakar     Oya State     Ganmo Power Sub-Station     Kwara State Pension Board     Yusuf Aiyedun     Otoge     Adam Abdullahi Al-Ilory     Erin-ile     Garba Dogo     Wasiu Onidugbe     Adesina Simon Sodiya     Ojuekun     Okasanmi Ajayi     General Tunde Idiagbon International Airport     Umar Gunu     SAPZ Project     Mohammed Abduraheem     Amuda Aluko     Adebayo Salami     Kehinde Boyede     Wahab Kunle Shittu     Ibrahim Taiwo     Freshvine Nigeria Limited     Yekeen Alabi     Orisun Igbomina     Maimunat Oloriegbe     Amosa     Mogaji Aare     Yusuf Zulu-Gambari     Gwanara     Bursary     Abioye Bello     Aishatu Ahmed Gobir     Yahya Mohammed     Kawu     Abubakar Imam     Umar Ahmed Gunu     Mohammed Abdulahi     TIC     Abdulhakeem Amao     Egbejila     Abiodun Jacob Ajiboye     Ilorin Talaka Parapo (ITP)     Bello John Olanrewaju     Olokoba     Dasuki Belgore     N-Power     Mahmud Babatunde Baker     Oyin-Zubair     Ayinde Oki    

Cloud Tag: What's trending

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

Kaosarah Adeyi     Musa Ayinla Yeketi     GANZY     Dorcas Afeniforo     Adebayo Salami     Toyin Olayinka Tejidini     Muhammed Abdullahi     Modibbo Kawu     Yaman     Radio Kwara     Kunle Akogun     Marufat Oladosu     Usman Alkali Baba     Women For Change And Development Initiative     IsDB     Hassanat Bello     Ganmo Power Sub-Station     Awoye     Senate President     Jeunkunu-Malete-Bani     General Hospital     Igbomina     Hameed Oladipupo Ali     Mopelola Abdulmaliq-Bashir     Ajibike Katibi     Abdulganiyu Oladosu     Laduba     Sanusi Abubakar     Aliyu Muyideen     National Union Of Road Transport Workers     Kwara State Football Association     Olatunji Ibrahim     Olatunji Moronfoye     Eleyele     LAK Jimoh     Isiaka Abdulrazak     Oke-Oyi     Tosin Saraki     Ojuekun     Tunji Oyawoye     Ahmed Bolaji Nagode     Iqra Books     Senior Staff Union Of Colleges Of Education     Memunat Monsuma     Bolakale Saka     Amusement Park     Suleiman Rotimi Iliasu     Olokoba Abdullahi Ayinla     Abdullahi G. Mohammad     Egbejila     Ramadan     Inside Kwara     Bello John Olanrewaju     Ibrahim Oniye     NURTW     Logun     Ilorin Curfew     Sodiya     Saeedat Aliyu     Samuel Adaramola     March 28     Kwha.gov.ng     Kunle Okeowo     Ayinde Oyepitan     Mohammed Abdulahi     Read With Me     Funmilayo Isiaka Oniwa     NIPR     Yemi Osinbajo     Mohammed Ibrahim     Ibrahim Oloriegbe     Adam Abdullahi Al-Ilory     Aliyu Umar     CCB     Justina Oha     Maryam Nurudeen     Abdulbaqi Jimoh