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.

John Mayokun Dada     CCEPE     Woro     Olatomiwa Williams     Kayode Yusuf     Shehu Adaramaja     Ministry Of Women Affairs And Social Development     CELF     Ibrahim Oniye     Siddiq Adebayo Idowu Salawu     Usman Yunusa     Academic Staff Union Of Universities     Afolabi-Oshatimehin Adenike Harriet     Khadijat Ayoola Yusuf     Kwara State Television     Olupako     Kumbi Titiloye     TIC     Adesoye College     Demola Banu     Dar-Al-Handasah Consultants     Mumini Ishola Hanafi     Saad Belgore     Aisha Gobir     Sardauna     Muhammed Danjuma     Shuaib Boni Aliyu     Unilorin     Shonga     Marafan Shonga     Yeketi     Ayodele Shittu     Muideen Olaniyi Alalade     Kwara State Governor     Ahmed Mohammed Rifun     Musa Alhassan Buge     Azeez Bello     Durosinlohun Atiku     Waheed Ibrahim     Amos Justus Sayo     Aliyu U. Tilde     Abdulmajeed Wahab     NSCIA     Funmi Salau     ER-KANG     Mansur Alfanla     Dan Iya     Ibrahim Abiodun     Turaki Of Ilorin     Oba Sulaiman Asude     Mutawali     Madawaki     Kwara Apc     Amuda Bembe     Yusuf Amuda Aluko     Centre For Community Empowerment And Poverty Eradication     KWASAA     Salihu Ajia     Road Transport Employers Association Of Nigeria     Taofeek Sanusi     Pategi     RTEAN     Ishola Moses Abiodun     Kwara State Branch Of The National Library     Agboola Abdulraheem     S.O. Opowoye     Modupe Oluwole     Muhammed Akanbi     Ilota     Ibrahim Gambari     Christopher Tunji Ayeni     Mustapha Akanbi     Valsolar     Imam Gambari     Olajumoke Monsura Gafar     Senate Presidency     Kola Ologbondiyan    

Cloud Tag: What's trending

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

Women For Change And Development Initiative     Ibrahim Sulu Gambari     Young Progressives Party     Nigeria Governors\' Forum     Egbewole     Mahmud Babatunde Baker     Sadiq Umar     Okin Malt     Olukotun Of Ikotun     Wahab Egbewole     Islamiya Abdulraheem     Academic Staff Union Of Universities     Abdulganiyu Oladosu     Michael Nzwekwe     Kanu Agabi     Ahmad Lawan     Olanrewju Okanlawon Musa     Kolawole Akande     Suleiman Mora Omar     Fatai Garuba Labaka     Abdulkadir Remi Hawawu     Sulu Babaita Isiaka     Alanamu     Kola Olota     SUBEB     Orisa Bridge     Moremi High School     Tsaragi     Yashikira     Yakubu Mohammed Abdullahi     Hausa     VADA     Pacify Labs     Benin Republic     Student Learning Support Helpline     Alimi Abdulrazaq     MMWG     Lanre Olosunde     Chikanda     Aliyu Muhammad Saifudeen     Ahmad Olayiwola Kamaldeen     MATTA Girls Foundation     Habeeb Saidu     Niguel Gallando Marcias     AGM Professional Services     Solomon Edojah     Offa Metropolitan Club     COVID-19 Palliatives     Royal FM     Kwara State Pension Board     Pakata Development Association     Opaleke Bukola Iyabo     Dorcas Afeniforo     Alabi Lawal     Saheed Popoola     Kwara State Printing And Publishing Corporation     Abdulrahman Abdulrazak     Yusuf Badmus     Oyedun Juliana Funke     Inside Kwara     Oba Abdulrahim     Abdulmumini Sanni Jawondo     Ella Supreme Tissue Paper     Ope Saraki     Ambassador Kayode Laro     Salihu S. Yaru     Sulyman Tejidini     ANCOPPS     Local Government Pension Board     Oba Abdulkadir La\'aro     Kwara State Television     Hydro-electric Power Producing Areas Development Commission     Seun Bolaji     Emir Of Yashikira     TIIDELab     Mutawali Of Ilorin     Afin Descendants Union Of Odo-Owa