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.

Ibrahim Abdullahi     Kubra Kazum     KFA     Muhammad Toyin Sanusi     Katibi Ibraheem Adeola     Adeniyi Ojo     Tunji Arosanyin     Abubakar Usman Jos     Issa Oloruntogun     Hussein Olokooba     Mohammed Ajia Ibrahim     Olatunde Michaels     Olukotun Of Ikotun     IEDPU     Olaiya Lawal     Mohammed Tunde-Jimoh     Adekunle David Dunmade     Ajuloopin     Baba Issa Awoye     Abioye Bello     Kwara Teaching Service Commission     Special Agro-Industrial Hub     General Tunde Idiagbon International Airport Ilorin     KwaraLearn     Benin Republic     Abubakar Baba     Ayekale     Umar Danladi Shero     Ahman Pategi University     FOMWAN     Oke-Kura     Oba Sulaiman Asude     Abubakar Olusola Saraki     Apaokagi     Buari Edun     Just Law Forum     Kwara 2015     Sulyman Age AbdulKareem     Nigerian Correctional Service     KWATMA     Otoge     Popo-Igbonna     Ella Supreme Tissue Paper     Federal Road Maintenance Agency     Ishaq Salman     Public Holiday     COVID-19 Palliatives     Salau Kabiru Abdullahi     Yusuf Babatunde Abdulwahab     Fatai Garuba Labaka     Oba Of Jebba     Abdulrahman Abdulrasaq     Leke Ogungbe     Basit Olatunji     Moremi High School     Aminat Omodara     Ghali Muhammed     Countryside Emerging Leaders Fellowship     Eleja     Kwara State Government     Tinubu     Borgu     Hassan Taiye Salam     Muslim Media Watch Group Of Nigeria     Kwara Metro Park     Ope Saraki     Bello Bature     Shehu Alimi Foundation For Peace And Development     PAACO-PCL Consortium     Vasolar Consultoria     Gurei     Ilorin International Airport     Yusuf Abdulraheem     Odo-Owa     David Oyerinola Adedunmoye     Sheikh Hamzat Yusuf Ariyibi     Abdulraheem Olesin    

Cloud Tag: What's trending

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

Ibrahim Akaje     International Public Sector Accounting Standards     Ilorin Water Reticulation     Folajimi Aleshinloye     Salman Suleiman     Senate Presidency     Olatunji Moronfoye     Toyin Falola     Aliyu Alhassan     Kayode Ogunlowo     Hijaab     Jelili Yusuf     TIIDELab     Local Government     Saliu Ajibola Ajia     Lola Olabayo     Umar Sanda Yusuf     Baruba     Shuaibu Yaman     Femi Ogunsola     Garment Factory     Haashim Initiative For Community Advancement     Radio Kwara     Sulyman Tejidini     Saadu Yusuf     Yemi Osinbajo     IDPU     Oyeyemi Olasumbo Florence     Busari Toyin Isiaka     Post Utme     Siddiq Adebayo Idowu Salawu     Peter Amogbonjaye     Mahmud Ajeigbe     Sunset Workers     Oya State     Sheikh Ariyibi     Amuda Bembe     Maryam A. Garuba     Lanre Aremu     Dan-Kazeem     Markaz Arabic And Islamic Training Institute, Agege     Emir Of Yashikira     Olaiya Victor Mobolaji     Balogun Ajikobi     Ganmo Electricity Sub-Station     Ibrahim Kayode Adeyemi     KWASEIC     Baba Adini Of Kwara State     Ilorin West/Asa Federal Constituency     Shehu Jimoh     Soffiyyallah Kamaldeen     IPSAS     Umar Bayo Abdulwahab     Bolakale Ayo     Akorede     Usman Yunusa     Abdulrahman Abdulrasaq     Ibrahim Abdullahi     Taofeek Ibraheem     Eleyele     Mustapha Olanipekun     Temi Kolawole     Amuda Aluko     Sadiq Buhari     Abdullahi Saadudeen Alikinla     Tunji Moronfoye     Sulu Gambari     Abdulwahab Oba     UTME     Aisha Ahman-Pategi     Congress For National Consensus     Inside Kwara     SDP     Ahmad Uthman     Oniye     IHS     Charcoal