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.

Bilikisu Oniyangi     Suleiman Mora Omar     VADA     Mohammed Alabi Lawal     SWAN     Sheikh Hamzat Yusuf Ariyibi     Women Radio     Raji AbdulRasaq     Obayomi Azeez     Taofeek Sanusi     Shonga Farm Project     Cassava Growers\' Association     Jumoke Gafar     Majlis For Sadakah, Zakat And Waqf     Osuwa     Shoprite     David Oyepinola Adedumoye     Okanlawon Taiwo     Toyin Sanusi     KwaraLearn     SARS     Kwara State Coalition Of Business And Professional Associations     CCT     Abdulbaqi Jimoh     Ijagbo     Lola Olabayo     Budo-Egba     Sam Okaula     Raliat Elelu-Habeeb     Babata     CKNG     Galadiman Ngeri     Folorunsho Erubu     CBT     John Kehinde Salako     Kwara North     Muhammad Ghali Alaaya     Yakubu Mohammed Abdullahi     JAMB     Ado Ibrahim     Kwara Coalition Of Business And Professional Associations     Ilorin East/South Federal Constituency     Sobi Hill     Habeeb Saidu     Usman Rifun     Funmilayo Braithwaite     Labaeka     Adedeji Onimago     Folaranmi Aro     Zulkifli Ibraheem     Elections     Opobiyi     RTEAN     Onilorin Of Ilorin     2023 Elections     Sheikh Ariyibi     Jimba Babatunde     Salman Alada     Oke-Oyi     07039448763     Danhawa     KFA     Adewuyi Funmilayo     Busari Toyin Isiaka     Shola Odetundun     Sherif Shagaya     Abubakar Usman Jos     Ariyo     Olatunji Moronfoye     Aminat Omodara     Valsolar Consortium     Bello Oyedepo     Isiaka Danmeromu     Yusuf Abdulraheem     Unilorin     Bolaji Nagode     Ibraheem Adeola Katibi    

Cloud Tag: What's trending

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

Kamaldeen Gambari     Olatunde Jare     Haliru Yahaya     Abdulfatai Ahmed     Issa Manzuma     Abdulrazaq Aiyelabegan     Salihu Ajia     Olayinka Are     Saad Omo Iya     Ile Arugbo     Ilorin Emirate Staff Association     Laolu Saraki     Rasaq Jimoh     Joshua Adeyemi Adimula     Col. Adedipe     Musibau Akanji     Hamza Usman     Zulkifli Ibraheem     Ahmad Fatima Bisola     Forgo Battery Company Limited     Kale Bayero     Balogun Ajikobi     Onilorin Of Ilorin     Agbarigidoma     Abdullahi AbdulMajeed     Inside Kwara     Adesoye College     Omotoso Musa     COVID-19 Palliatives     Olatunji Ibrahim     Kwara Muslim Pilgrims Welfare Board     Split Diamond Interchange     Kwarareports.com     HICA     Suleiman Idris     Kwara Central     Bolaji Abdullahi     TETFUND     Oyedun Juliana Funke     Kwara Apc     Bashir Badawi     Javed Khan     Yunus Oniboki     Sabi     Omoniyi     Oniwa     Ilorin East     Face Masks     Kazeem Gbolagade     Twitter     Dele Momodu     Yakubu Mohammed Abdullahi     Alimi     Kazeem Adekanye     Alabi Lawal     Adaramaja     Muslim Stakeholders Of Kwara State     Kisra     Sulyman Tejidini     College Of Education     Labour Party     Code Of Conduct Bureau     Iyaloja-General     Dunmade     Akom Construction And Engineering Synergy Ltd     Abubakar Suleiman     Monthly Sanitation     Bayo Ajia     Offa Descendants Union     Balikis Jawondo     Rapheal Ashaolu     Mohammed Katsina Ahmed     Fola Consultant     Abdulwasiu Bolaji Adeyi     Adamu B. Yaqubu     Elerin Of Adanla Irese     Amina Susa\'a De Ahmed