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.

Salihu Ajia     Amos Justus Sayo     Kayode Zubair     Lateef Alagbonsi     Tafidan Kaiama     Segun Ogunsola     Ayinke Saka     General Hospital, Offa     Olokoba Sulyman     Adamu Ibrahim Sabi     20 Billion Bond     Chief Imam Of Ilorin     Gambari     Salman Alada     Ganiyu Abolarin     Gbugbu International Market     Sheriff Olanrewaju     March 28     Tescom.kwarastate.gov.ng     Abatemi-Usman     Neuropsychiatric Hospital     Kamaldeen Ajibade     Twitter     Niguel Gallando Marcias     High Court     Abdullahi Atanda     Lateef Fagbemi     Nigerian Army     Madawaki Of Ilorin     ITP     Quarry Royal Valley     Age AbdulKareem     Egbewole     Apado     C2c@kwarastate.gov.ng     Medview Airlines     Kwara State Pension Board     Yekeen Alabi     Ibraheem Adeola Katibi     Ibraheem Abdullateef     Aisha Buhari     New Naira Notes     Afolabi-Oshatimehin Adenike Harriet     Yahaya Oloriegbe     Kwara 2023     Elerin Of Adanla     Onilorin     Isiaka Alikinla     Ahmed Ayinla Jimoh     Abdulbaqi Jimoh     Aliyu Muhammed     General Tunde Idiagbon International Airport Ilorin     Bolaji Nagode     Oko     Mahmud Ajeigbe     Abdulrahman Iliasu     Siraj Oyewale     Jalala     Hassan Saliu     Baba Issa Awoye     Shettima Of Ilorin     Mutawalle     Okedare     Abdulganiyu AbdulAzeez     Ibrahim Taiwo     Hassan Taiye Salam     Aliyu Muyideen     Sa\'adu Salahu     Kumbi Titiloye     NFAI     New Nigeria People’s Party     Amusement Park     Orisun Igbomina     Femi Oladiji     Saliu Alamoyo     John Mayokun Dada     Lanre Badmus    

Cloud Tag: What's trending

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

Wole Oke     Ella Supreme Tissue Paper     Durosinlohun Atiku     Yakubu Gobir     Makama Of Kaiama     Peter Obi     Azeez Salawu     IPSAS     Millennium Development Goals     Jimoh Bashir     ASUU     Suraj Tunji Oyewale     Post Utme     Dunmade     UITH     Islamic Development Bank     Omu Aran     Balogun-Ojomu     Abdul-Rahoof Bello     Olajumoke Monsura Gafar     Gbemisola Oguntimehin     Ilorin East/South Federal Constituency     Adebara     Folashade Omoniyi     Adamu B. Yaqubu     Ajayi Okasanmi     Code Of Conduct Bureau     Binta Abubakar Mora     Abubakar B.M     Umar Danladi Shero     Firdaos Amasa     Taofik Abdulkareem Babaita     Kwara State Television (KWTV)     Habeeb Saidu     Isiaka Oniwa     07039448763     Owo Arugbo     Otoge     Jelili Yusuf     AGF Abdulrazaq     Student Learning Support Helpline     Binta Sulyman     Minister     Oyawoye     Inside Kwara     Sunday Otokiti     Musa Abdullahi     Sarkin Malamai     Nigerian Supreme Council For Islamic Affairs     VADA     Sodiya     Mohammed Tunde-Jimoh     Savannah Centre For Diplomacy, Democracy And Development     Arinola Lawal     Fola Consultant     Sayomi     Hydro-electric Power Producing Areas Development Commission     Esinniobiwa Quareeb     Oju Ekun Sarumi     Eleja Taiwo Banu     Al-Hikmah University     Yekeen Alabi     The Herald     AGM Professional Services     Issa Manzuma     Matthew Babaoye     Toyosi Thomas     Fatima Abolore Jimoh     NSCIA     Abdulrahman Abdullahi Kayode     Women For Change And Development Initiative     Muyideen Ajani Bello     Saadatu Modibbo-Kawu     Musa Yeketi     Abdulhakeem Adelaja Amao     Mohammed Alabi Lawal     Benin Republic