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.

Gbenga Adebayo     Funmi Salau     Ado Ibrahim     Usman Yunusa     Adegoke Bamidele     Sa\'adu Salau     Kehinde Boyede     Pakata Development Association     Abdulwasiu Bolaji Adeyi     MalHub     Musa Aibinu     Theophilus Oyebiyi     Onilupeju Of Ilupeju     Olabanji Orilonishe     Muhammed Mahe Abdulkadir     Dar-Al-Handasah Consultants     Public Holiday     NSCIA     Basit Olatunji     Suraj Tunji Oyewale     Awwal Jawondo     Isiaka Alikinla     Sulyman Atolagbe Alege     Harrison Osauwagboe     Kwara State Polytechnic     Okanlawon Musa     AbdulGaniyu Kareem     Yusuf Amuda Aluko     CACOVID Palliatives     Balogun Gambari     Ibrahim Taiwo     CCB     Yusuf Abdulwahab     NYSC     Joseph Bamigboye     Makama     Rotimi Oyedepo     John Olajide Adedipe     Saheed Popoola     Transition Implementation Committee     Lola Ashiru     Afolabi-Oshatimehin     Kawu Baraje     New Naira Notes     Boko Haram     Ademola Kiyesola     KWASIEC     Quarry Royal Valley     COEASU     AbdulRauf Keji     Simeon Ajibola     Bola Tinubu     Sodiya     Dumagi     George Innih     Abdulrazak Shehu Akorede     Special Agro-industrial Processing Zone     Sola Saraki University     Doyin Group     LAK Jimoh     Christopher Ayeni     Adewuyi Funmilayo     Olupako     Kwara Pdp     Babs Iwarere     Abdullah Janet Amudat     GGDSS Pakata     Adebayo Salami     Galadima     Daud Adeshola     Dele Momodu     IFK     Forgo Battery     Muhammad-Mustapha Suleiman     Is\'haq Modibbo Kawu     Maryam A. Garuba     Ado Bayero    

Cloud Tag: What's trending

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

Suleiman Idris     Yusuf Abdulwahab     Senate President     Elerin Of Erin-Ile     Idowu Laro     Students Union Government     National Democratic Congress     Kola Ologbondiyan     Council Of The Wise     Mary Arinde     Ibrahim Jawondo     Tope Daramola     Agbarigidoma     Otunba Taiwo Joseph     CBT     Justina Oha     Kannike     Dagbalodo     Academic Staff Union Of Universities     Unilorin     Aliyu Salihu     Nigerian Supreme Council For Islamic Affairs     Olukotun Of Ikotun     Mohammed Yisa     Kwara State Governor     Amuda Aluko     Omoniyi Ayinla     Adesina Simon Sodiya     Oniyangi     CKNG     Freshvine Nigeria Limited     Special Adviser On Digital Innovation     SAPZ Project     Oke-Oyi     Isiaka Yusuf     Aisha Ahman Pategi     Bamikole Omishore     Eleja     Owode Market     Hydroelectric Power Producing Areas Development Commission     Okoolowo     Jimba Babatunde     United Nigeria Congress Party     Raliat Islamic Foundation     Ilorin East/South Federal Constituency     Prince Sunday Fagbemi     Adisa Logun     Sarafadeen Kayode Akorede     Abiodun Abdulkareem     Suleiman Rotimi Iliasu     Asa     Basit Olatunji     Arca Santa     Oniye     Ubandoma Of Ilorin     Okedare     Olatunji Abdulmumeen     Ibrahim Mashood     Salmon Babatunde Salmon     Ganiyu Taofiq     Senior Ibrahim Suleiman     Ibrahim Orire     CT Ayeni     Shao     NITDA     Kwara Hotel     Ilorin West/Asa Federal Constituency     Abdulfatai Ahmed     IFK     Awodun     Matthew Okedare     Dapo Teni Nig Enterprise     Abdulmalik Bashir Mopelola Risikatullahi     Sobi Hill     Moses Rahman Popoola     Bello Oyedepo     Alanamu