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.

Samuel Olusegun Adedayo     11th Galadima     Abdulrazak Shehu Akorede     Just Law Forum     Yahaya Muhammad     Ibrahim Akaje     Valsolar     Wole Oke     Abubakar Suleiman     Mohammed Lawal     AbdulHakeem Ajibola Akanbi     Assayomo     Yusuf Abdulkadir     Yakubu Mohammed Abdullahi     Muhammad Sirajo Aliyu     Salaudeen Oyewale     AbdulRazaq AbduMajeed Alaro     Suwa-Arabs     ANCOPPS     Abdulrauf Yusuf     Suleiman Mora Omar     Bayo Lawal     Saka Saadu     National Association Of Nigerian Students     Shonga Farm Project     Olosi Of Osi     MAI Akande     Matthew Okedare     March 28     Monthly Sanitation Exercise     Abdulrahman Iliasu     Radio SBS     Abdulkarim Adisa     Olatinwo     Ladi Hassan     Dunmade     JAMB     Tunde Saad     Opobiyi     Kanu Agabi     Bisi Kristien     Idiagbon     Idris Amosa Saidu     Aminat Omodara     Just Event Online     Kazeem Adekanye     GANZY     Kwara Consultative Forum     Ezekiel Yissa Benjamin     Memunat Monsuma     Wasiu Odewale     Oro Grammar School     Kehinde Baale     Salau Kabiru Abdullahi     Code Of Conduct     Mahe Abdulkadir     Ndama Al-hassan     Kwara State Infrastructure Development Fund     Tunde Kazeem     Hausa     Yakubu Gobir     Gurei     Rotimi Oyedepo     Magaji Are     Salihu Ajibola Ajia     Toyin Sanusi     Alimi Abdulrazaq     Eghe Igbinehin     Mumeen Lah     Eleja     Kale Ayo     Okeose Christian Cementary     AbdulGaniyu Kareem     Oloye     Titus Suberu-Ajibola     Ibrahim Orire     Mutawali Of Ilorin    

Cloud Tag: What's trending

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

Lawal Olohungbebe     Amasa     Mohammed Lawal Bagega     Mukhtar Shagaya     KWIRS     Adegoke Bamidele     ANCOPPS     AGF Abdulrazaq     Hassan Abdulazeez Elewu     Ileloke     Abdullahi Dasilva Yussuf     Abdulazeez Arowona     Christopher Tunji Ayeni     Oni Adebayo     Hussein Olokooba     SSA Youth     Wahab Issa     Abubakar Baba     Fareedah Dankaka     Segun Abifarin     Abdulkadri Ahmad Alaiye     Read With Me     Abubakar Abdullahi Bata     Sheriff Olanrewaju     Abdulmalik Bashir Mopelola Risikatullahi     Baba-Isale     IPSAS     Rapheal Ashaolu     Kayode Laro     Abdulraheem Yusuf     Bayo Ojo     Oyelere Oyinloye     General Hospital, Ilorin     Usman Alkali Baba     Matthew Okedare     Ganmo Electricity Sub-Station     Michael Nzwekwe     Olayinka Oladapo Jogunola     Dele Belgore     Isau     Oloriegbe     Lithium     Mohammed Abdulahi     Rachael Obisesan     Muhammed Aliyu     Pakata Patriots     Nagode     AGILE Programme     Saadu Alanamu     Ibrahim Mashood     Salihu Yahaya     Emir Of Lafiagi     Abdulrahman Abdullahi Kayode     Women For Change And Development Initiative     Nigerian Supreme Council For Islamic Affairs     Saadu Yusuf     Tope Daramola     Offa Metropolitan Club     Maryam Nurudeen     Diagnostic Centre     Shuaib Jawondo     JSSCE     Otoge     Tunde Mukaila Mustapha     Omoniyi Ayinla     Ndama Al-hassan     Adedayo Yusuf Abdulkareem     Samari     Sheriff Shagaya     Ibrahim Kayode Adeyemi     Centre For Community Empowerment And Poverty Eradication     Lanre Olosunde     Police Commissioner     Ridwan Agboola     Abdullahi Adisa Akodudu     Suleiman Idris     Computer Based Test