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.

Transition Implementation Committee     Monsurat Omotosho     Sanusi Abubakar     Okedare     Abdulmumini Sanni Jawondo     Abdulrosheed Okiki     Abubakar Aliagan     Babajide Ajayi     Olaosebikan     Christopher Odetunde     Dar-Al-Handasah Consultants     Atunwa     Kwara 2019     Ahmad Belgore     Oyin-Zubair     Binta Abubakar Mora     Ilorin     Akeem Lawal     Theophilus Oyebiyi     Halimat Yusuf     Bayer AG     Oniyangi Kunle Sulaiman     Sam Onile     Tunde Akanbi     Joseph Alex Offorjama     Jelili Yusuf     Valsolar Consortium     Valsolar-Kwara Company Limited     Mukhtar Shagaya     Wahab Agbaje     John Mayokun Dada     Kwara State University Of Education     Ahmed Mohammed Rifun     Abdullahi G. Mohammad     Ahmed Ayinla Jimoh     KWACOBPA     Folajimi Aleshinloye     Senate     Apado     Olawuyi     Umar Ahmed Gunu     Henry Makinwa     Taofik Mustapha     Elelu     Kwara State Health Insurance Agency     Aso-ofi     Kaiama     2023 Elections     Ibrahim Sulu Gambari     Afetu Of Alabe     Abdullahi Biffo     Aliyu Salihu     Mustapha Akanbi     Unilorin FM     Afonja Descendants Union     Ayodele Kuburat Olaosebikan     IFK     Timothy Olatunde Fadipe     School Of Nursing     Saka Balikis Kehinde     Veterinary Teaching Hospital     Kwara Metro Park     Ahmad Olayiwola Kamaldeen     Ishola Balogun Fulani     Samuel Elizabeth Keatswa     Amada Jidda     Ilota     AbdulGafar Tosho     Police Commissioner     Mumeen Lah     CCT     Okin Biscuit     Olabode George Towoju     Kwara State Fire Service     Amos Justus Sayo     Abdulrahman Iliasu     Muazam Nayaya    

Cloud Tag: What's trending

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

Bayo Lawal     Omotoso     Sulyman Buhari     Toyin Sanusi     Hausa     JSSCE     Mohammed Lawal     Shettima Of Ilorin     Salman Alada     Kwara Volleyball Association     Tafidan Kaiama     Galadiman Ngeri     Oro Grammar School Old Students Association     Sabi     Hamidat Sulyman-Yusuf     Ayodele Olaosebikan     Saliu Alamoyo     Student Learning Support Helpline     Isin     AGF Abdulrazaq     Baba-Isale     Saka Saadu     Yakubu Mohammed Abdullahi     General Hospital, Offa     Eleyele     Saliu Shola Taofeek     Abdulhakeem Adelaja Amao     Omupo     Christopher Ayeni     AbdulHakeem Ajibola Akanbi     Folorunsho Erubu     Hikmah AbdulKareem     Yusuf AbdulRasheed     Abdulrahman Abdulrasak     IESA     NYSC     Abdulmajeed Abdullahi     Christian Association Of Nigeria     Shehu Alimi Foundation     Yemi Osinbajo     Is\'haq Modibbo Kawu     Oko-Erin     Harmony Holdings     Surajudeen Akanbi     Rebecca Olanrewaju     Tunde Oyawoye     Suleiman Idris     Innocent Okoye     Kabir Shagaya     Aiyedun     Savannah Centre For Diplomacy, Democracy And Development     Olatunde Michaels     Igbomina     Femi Agbaje     Olaitan Adefila     Fatimoh Lawal     Budo-Egba     PPS     Olusin Of Ijara Isin     David Oyerinola Adedunmoye     Sheikh Ridhwanullah El-ilory     Oke-Oyi     Babatunde Ishola Babaita     Ilorin Anchor Men And Women     Countryside Emerging Leaders Fellowship     KWASAA     Saad Omo Iya     Ahmad Lawan     VADA     ASMAU PLAZA     Sodiya     Femi Oladiji     Yusuf Badmus     Eleja Taiwo Banu     IYA ALFA NLA     Sulyman Age AbdulKareem     Agbarigidoma