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.

Aliyu U. Tilde     Afeyin-Olukuta     Sarkin Malamai     Baaziki Sulaiman     Salihu Ajibola Ajia     HYPPADEC     Kwara State Council Of Chiefs     Kamaldeen Gambari     Toyin Saraki     Mary Arinde     Biliaminu Aliu     New Naira Notes     Lawal Arinola Kudirat     Gani Saadu     Mufutau Gbadamosi Esuwoye     Yoonus Lawal     Sunset Workers     08001000100     Modupe Oluwole     Sidikat Uthman Ajibola     Salaudeen Oyewale     Eleja     Muhammed Abdullahi     Mutawali     Aminat Ahmed     Samari     Offa Descendants Union     Ahmed Ayinla Jimoh     Idris Garba     Gbugbu International Market     HICA     Mansurat Amuda-Kannike     Umar Ayinla Saro     Lithium     IYA YUSUF     Sadiq Buhari     Elections     Ezekiel Yissa Benjamin     Abdulmutalib Shittu     Amusement Park     Umar Danladi Shero     Shaykh Luqman Jimoh     Kazeem Oladepo     Edu     Saadu Gbogbo Iwe     Saduki Lafiagi     Abdulrasheed Lafia     SARS     Obayomi Azeez     PharmAccess Foundation     Tanke     Harmony Holdings     Alapansapa     Amuda Bembe     Budo-Egba     Federal Polytechnic Offa     Haashim Initiative For Community Advancement     Valsolar Consortium     Bola Iyabo Ibiyeye Adisa     Bahago     Lucky Omoluwa     Olupako     Yashikira     Orisun Igbomina     Sheriff Olanrewaju     Ndama Al-hassan     Lai Gobir     Dairo Kunle Paul     Abubakar Baba Sulaiman     Femi Gbajabiamila     Arik     Centre For Digital Economy     Barakat Community Secondary School     Borgu     Kamoru Kadiri     New Nigeria People’s Party     JSSCE    

Cloud Tag: What's trending

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

Ndakene     Solomon Edojah     Kubra Kazum     Mohammed Yisa     KSIRS     Ilota     Kwara Polytechnic     Kishira     National Association Of Nigerian Students     Kayode Alabi     Agboola Abdulraheem     Umar Bayo Abdulwahab     Akeem Lawal     Abdulrasaq Alaro     Sadiq Umar     KWACOBPA     Odogun Olushola Gabriel     Adeola Abraham     Ghali Muhammed     Isapa     Ariyo     Simeon Sayomi     KFA     Reuben Paraje     Jide Oyinloye     Iyabo Adisa Ibiyeye     Abubakar Bature Sulu-Gambari     Riskat Opakunle     Omoniyi Ayinla     Zara Umar     Mazars Consulting     Monthly Sanitation Exercise     Apaola     Abdulwahab Ololele     Issa Baba     Balogun Fulani     Oloje     Joseph Daudu     Tafida     Osi     Eleja     Farouk Salim     Shehu Adaramaja     PAACO-PCL Consortium     Hikmah AbdulKareem     Simeon Ajibola     Orisa Bridge     Kwara Basketball Association     Forgo Battery Company Limited     Ayedun     Emir Of Yashikira     Oko-Erin     Ahmed Ayinla Jimoh     Eleyele     Yetunde Balogun     ASKOMP     Jare Olatundun     Lawan     Saidu Isa     Sulyman Buhari     Okin High School     SDP     Onilu     Oke-Ode     Gafaru Olayiwola Olorisade     Patience Jonathan     Sobi FM     Laduba     Abdulhakeem Amao     UTME     Gamji Members Association     Afonja     Saka Saadu     Muritala Awodun     Abdulazeez Arowona     Madawaki     Shade Omoniyi