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.

Ayobola Ipinlaiye     Playing Host     Omoniyi M. Ayinla     Road Transport Employers Association Of Nigeria     Ilorin.Info     Sayomi     Adama Isa     Code Of Conduct Bureau     Habeeb Saidu     Dasuki Belgore     Abdulazeez Uthman     Seed Technologies     Bahago     Frootify     Amoyo     Moses Adekanye     Hassanat Bello     Egbewole     Maimunat Oloriegbe     Sheikh Alimi     Abdulraheem Yusuf     Zara Umar     Shuaib Boni Aliyu     Abdul-Rahoof Bello     Yahya Mohammed     Rapheal Ashaolu     Abdulkadir Akanbi-Oke     Abdulrazak Shehu Akorede     Sulyman Abdulkareem     Savannah Centre For Diplomacy, Democracy And Development     Afin Descendants Union Of Odo-Owa     Quarry Royal Valley     Isau     Congress For National Consensus     Bukola Ajikobi     Yusuf Amuda Aluko     Wahab Isa     Mufutau Olatinwo     Ibraheem Abdullateef     Simeon Ajibola     Aliyu Sabi     Fatimoh Lawal     Offa Metropolitan Club     Kwara State Pension Board     COVID     Apado     Pakata     Roheemat Hammed     Guber Aspirant     Abubakar Suleiman     Ibrahim Labaika     Shero     Olukotun Of Ikotun     Mohammed Ghali Alaaya     Government Girls’ Day Secondary School Pakata     Suraj Tunji Oyewale     Khadijat Ayoola Yusuf     Omotosho     Local Government Pension Board     Christopher Odetunde     Kayode Ishola     Ilorin Emirate Staff Association     Abdulrauf Aliyu     Rafiu Olasile     Sulyman Tejidini     Saadu Gbogbo Iwe     SSA Youth     Paul Odama     Esinniobiwa Quareeb     Bature Bello     Suleiman Mora Omar     Balikis Jawondo     IHS     Oke-Ode     Shehu Alimi Foundation For Peace And Development     Sunday Popo-Ola     Funke Adedoyin    

Cloud Tag: What's trending

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

Ibrahim Mashood     Usman Yunusa     Abubakar Bature Sulu-Gambari     Medinat Folorunsho Salman     Simeon Sule Ajibola     Code Of Conduct Tribunal     Old Oyo     Musibau Akanji     Magaji Are     Demola Banu     Ahmed Ayinla Jimoh     Makama Of Kaiama     Iyabo Adewuyi     IYA YUSUF     Funmi Salau     Sulu Gambari     A.O. Belgore     Kubra Kazum     Mustapha Akanbi     International Public Sector Accounting Standards     Umar Yakubu Jaja     Garba Ayodele Wahab     Ndakene     LEAH Charity Foundation     Chemiroy Nigeria Limited     Kwara Liberation Group     Mumeen Lah     Abubakar Abdulraheem     Kayode Alabi     Kwara 2015     IESA     Saidu Isa     University Road     Dan-Kazeem     Afonja Descendants Union     Afonja     Pakata Development Association     Amule     Local Government Pension Board     Yakubu Mohammed Abdullahi     Saliu Ajia     Ajibola Saliu Ajia     Adedipe     Yahaya Seriki     Abdulahi Abubakar Bata     Aliyu Salihu     Yahaya A Paniyaro     Oyeyemi Olasumbo Florence     Binta Abubakar-Mora     Tunji Moronfoye     Gbenga Adebayo     Alfa Yahaya Road     Quareeb Islamic Association     Raimi Iyanda     Afetu Of Alabe     Bankole Omisore     Ayegbeni     IHS Towers     KWATMA     Oniyangi Kunle Sulaiman     Baba Isale     George Funsho Adebayo     Aso-ofi     Olukotun Of Ikotun     Balogin Alanamu     Woro     Principal Private Secretary     EndSARS     Sulu Babaita Isiaka     Nigeria Association Of Women Journalists     Abdulrazaq Aiyelabegan     Amuda Aluko     Prince Sunday Fagbemi     Jide Oyinloye     Societe Generale Bank Of Nigeria     Bashir Badawi     Makama