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.

Kayode Laro     Tosin Saraki     Air Peace     Oba Of Jebba     Manzuma     Hamza Usman     ASUU     Quarry Royal Valley     Kayode Issa     Dan Iya Of Ilorin     Obasanjo     Societe Generale Bank Of Nigeria     Valsolar     Adedayo Yusuf Abdulkareem     Sidikat Uthman Ajibola     Saudat Abdulbaqi     Oko-Olowo     Agbarigidoma     Kwara 2015     Adamu Jemilat-Baki     Mutawali Of Ilorin     Olabode George Towoju     Danhawa     Read With Me     Yunus Oniboki     Oja-Oba     Gbajabiamila     Kwara Liberation Group     Ajibola Saliu Ajia     Yahaya Seriki     Www.Kwarareports.com     Roseline Oni Aremu     Saadu Yusuf     National Party Of Nigeria     Maigida Soludero Transit     Oloriegbe     Ayegbeni     Muhammed Danjuma     Muhammed Aliyu     Ibrahim Abikan     Taofik Abdulkareem     Abdul-Rahoof Bello     Abdullateef Abdussalam     Azeez Salawu     Muyideen Ajani Bello     Deji Ajani     Hijab     CCB     Ope Saraki     Saliu Mustapha     Savannah Centre For Diplomacy, Democracy And Development     Ilorin West/Asa Federal Constituency     Salman Alada     International Public Sector Accounting Standards     Razaq Ayobami Akanbi     Funke Adedoyin     General Tunde Idiagbon International Airport Ilorin     SSA Youth     Okin Biscuits     Tunji Oyawoye     Ojuekun     IESA     Marufat Oladosu     Oniye     Universal Basic Education Commission     Vasolar     Raji AbdulRasaq     Public Holiday     Tsado Manman     Majlis For Sadakah, Zakat And Waqf     Isiaka Yusuf     Ibrahim Mohammed     Aliyu Muhammad Saifudeen     Agboola Abdulraheem     Olokoba Abdullahi Ayinla     March 18     Leke Ogungbe    

Cloud Tag: What's trending

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

Fatai Olodo     KFA     Bankole Omisore     Ayotunde Emmanuel Alao     Unicontinental Construction Company     National Union Of Road Transport Workers     International Vocational Centre     Abdulmumini Sanni Jawondo     Adebara     NYSC     Halimah Perogi     Omu Aran     Abdul-Rahoof Bello     Chief Imam Of Omu-Aran     Ndama Al-hassan     Labaeka     Daud Adeshola     Fatimoh Lawal     Ibrahim Agboola Gambari     Elections     Moshood Bakare     Jamila Bio Ibrahim     ITP     Alimi     Aisha Gobir     Lawan     Olabode Towoju     Balogun Ajikobi     Aliyu Adebayo     Olatunde Oyeyiola     Abdulmajeed Abdullahi     Neuropsychiatric Hospital     Ezekiel Yissa Benjamin     Eghe Igbinehi     Tsaragi/Share     Baba-Isale     Air Peace     Shuaibu Yaman Abdullahi     Toyosi Thomas     Akorede     Garuba Alikinla Shittu     Majlis For Sadakah, Zakat And Waqf     CKNG     Gafaru Olayiwola Olorisade     Dumagi     Wahab Egbewole     Valsolar Consortium     Sa\'ad Alanamu     Olabode George Towoju     Elerin Of Erin-Ile     Yusuf Ali     Amasa     Hassan A. Saliu     Aisha Buhari     Sidikat Akaje     Ronke Adeyemi     Bareke     Abdulkadir Akanbi-Oke     Garment Factory     Olatunde Jare     Funmi Salau     EFCC     Muhammed Abdullahi     Timothy Akangbe     Ibrahim Oniye     Aso-ofi     Ado Ibrahim     Yetunde Balogun     Jawondo     Olatinwo     Ifelodun     Suraj Tunji Oyewale     HICA     Oluwarotimi Boluwatife Adenike     Royal FM     Maimunat Oloriegbe     Femi Oladiji