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.

Sardauna     T And K FOODS     Ahmad Uthman     Oloye     Yahaya Seriki Gambari     Ibrahim Sulu Gambari     Federal College Of Education (Special), Afon     Senate Presidency     CCT     Kwara State Polytechnic     Opolo Global Innovation Limited     Ayo Adeyemi     Yusuf Lawal     Abubakar Aliagan     Saka Adeyemo     HYPPADEC     Afin Descendants Union Of Odo-Owa     Mujtabah Bature     CT Ayeni     Otoge     Hassan Abdulazeez Elewu     Matthew Okedare     Tsaragi-Share     Ibraheem Adeola Katibi     AIT Ilorin     Raliat AbdulRazaq     Just Event Online     Kayode Ibrahim     Umar Ahmed Gunu     Marafan Shonga     Aso Ofi     Adama Isa     Laduba     Shonga Farm Project     Baruten     Amosa     Dar-Al-Handasah Consultants Ltd     Yusuf Babatunde Abdulwahab     Matthew Babaoye     Saka Keji     Share     Saadu Yusuf     Lola Olabayo     Bello Oyebanji     Apado     Atiku     Segun Ogunsola     Muhammed Abdullahi     AGILE Programme     IEDPU     Amos Justus Sayo     Al-Adaby     Police Commissioner     Saheed Akinwumi     Arinola Lawal     Nurudeen Mohammed     Alapansapa     Sheikh Ridhwanullah El-ilory     Yusuf Ibitokun Sherifat     SAPZ Project     Amos Bajeh     Abdullateef Abdussalam     Micheal Imodu-Ganmo Road     Yahaya Abdulkareem Babaita     Abdulrauf Aliyu     KWATMA     IESA     Salami Adekunle     Jamila Bio Ibrahim     KWASIEC     Sarafadeen Kayode Akorede     Bashirat Bola Bello     Kwara State Printing And Publishing Corporation     Michael Ologundea     Babs Iwarere     Idris Garba     Bahago    

Cloud Tag: What's trending

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

KwaraLearn     Abdulkadri Ahmad Alaiye     Haruna Olawale Sulaiman     Curfew     Ahmad Ali     Hassan Taiye Salam     Igosun     Olugbense     Galadima     Chikanda     Idowu Laro     March 28     Hijaab     Belgore     Kawu Baraje     Joseph Offorjama     Dar-Al-Handasah Consultants Ltd     Aso Ofi     Saduki Lafiagi     All Confederation Of Principals Of Secondary Schools     Hassan Oyeleke     Playing Host     UITH     Olupako Of Share     UNIFEMGA     CCEPE     Adedeji Onimago     Alaro     Zainab Abass     Lateef Alagbonsi     Ita-Ore     Ilorin Emirate Staff Association     Saidu Yaro Musa     Muftau Akanbi Oke     College Of Arabic And Islamic Legal Studies     Razaq Atunwa     MATTA Girls Foundation     Olupako     Mustapha Akanbi     AbdulRahman Saad     Arinola Fatimoh Lawal     Olokoba     Elerin Of Adanla Irese     Oke-Ode     UTME     Yomi Adeboye     Afusat Nike Ibrahim     Public Holiday     Opobiyi     Oro Grammar School Old Students Association     CACOVID     Isaac Aderemi Kolawole     Olatunji Ibrahim     Ambassador Kayode Laro     Oja-Oba     Orisun Igbomina     Sa\'adu Salau     KWIRS     Innocent Okoye     Ogidi-Oloje     Sobi     CELF     Akom Construction And Engineering Synergy Ltd     Emmanuel Bello     ENetSuD     Mope Dasuki Belgore     NIRSAL     Nigeria Foundation For Artificial Intelligence     Sidikat Uthman Ajibola     Abdulwahab Olarewaju Issa     CLAY POT     Hamidu Olowo     Grillo     Saliu Mustapha     Salami Adekunle     IESA     Erubu