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.

PPS     Shehu Alimi Foundation     Basit Olatunji     Nigeria Foundation For Artificial Intelligence     Bukola Saraki     Lawal Jimoh     Nigerian Medical Association     National Association Of Nigerian Students     Sheikh Ridhwanullah     Igbaja     Ijagbo Health Centre     COEASU     Inside Kwara     Aliyu Kora-Sabi     Amoyo     Jumoke Monsura Gafar     Al-Ilory     Alabere     Ella Supreme Tissue Paper     Theophilus Oyebiyi     Yomi Ogunsola     Ahmad Uthman     Musa Yeketi     Balogun-Ojomu     Amina Susa\'a De Ahmed     Adisa Logun     Muslim Media Watch Group Of Nigeria     Owo Isowo     Shuaib Olarongbe     Simeon Ajibola     Kwara State Council Of Chiefs     Moremi High School     Abdulrazaq Magaji     Jeunkunu-Malete-Bani     Eruku     Salami Adekunle     Saadu Gbogbo Iwe     Muhammad Mustapha Suleiman     Veterinary Teaching Hospital     ASUU     Ibrahim Gambari     Binta Abubakar Mora     Kulende-UITH     Maigida Soludero Transit     Volunteers Of Ilorin Community And The Emirate     Alao Ayotunde     Ilorin     Olaiya Zuberu     Moshood Bakare     Oyelere Oyinloye     Bayo Mohammed Onimode     Kwara Metro Park     Olam Food Ingredients     Kawu     Tsaragi     Adamu Atta     Salihu Jibril Garbi     Ibrahim Abikan     Hassan Taiye Salam     Yusuf Amuda Aluko     Ilorin Muslim Community     Oladipo Akanmu Tolani     Kayode Ogunlowo     Special Agro-Industrial Hub     EFCC     Noah Yusuf     Siraj Oyewale     Oluwole Dupe     Kassim Babamale     Oba-Solagberu     Jaigbade Alao     Ilofa     Amusement Park     Third Estate     Kwara State Coalition Of Business And Professional Associations     Abdulganiyu AbdulAzeez     Mujtabah Bature    

Cloud Tag: What's trending

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

Aro Yahaya     Kwara State Pension Board     Isau     Seun Bolaji     Alapansapa     Oyedun Juliana Funke     Mohammed Abdulahi     Tafida     Salihu Yahaya     Oyeyemi Olasumbo Florence     Musbau A. Akanji     Niyi Osundare     Ajike People Support Centre     Oniyangi     Radio SBS     Lawal Jimoh     Sadiq Buhari     Kayode Issa     Yetunde Balogun     Kehinde Baale     Muftau Akanbi Oke     Kupchi Hosea Maxwell     Mutawali     Ayobami Seriki     Sango-UITH Road     Iyiola Oyedepo     Saad Omo\'ya     Dan Iya Of Ilorin     Ilorin Talaka Parapo (ITP)     Adedayo Yusuf Abdulkareem     Ndakene     Hauwa Nuru     John Kehinde Salako     Yemi Osinbajo     David Adesina     Mohammed Jimoh Faworaja     Bareke     Doyin Awoyale     Babatunde Ishola Babaita     Olawuyi     Biliaminu Aliu     Vasolar Consortium     A.E. Afolabi     College Of Arabic And Islamic Legal Studies     Gobirawa     Ndama Al-hassan     Razak Atunwa     Rihanat Ajia     Abdulrazak Shehu Akorede     Tayo Awodiji     College Of Health     Unicontinental Construction Company     Umar Saro     Ghali Muhammed     Ahmad Belgore     Saka Keji     Bio Ibrahim     Mopelola Abdulmaliq-Bashir     Saka Adeyemo     NIRSAL     Saka Saadu     Shuaib Olarongbe     Kumbi Titiloye     Oba Sulaiman Asude     Dele Momodu     Moshood Kashimawo Abiola     Taofeeq Olateju     Abdul Jimoh Mohammed     Ethical College     Abubakar Bature Sulu-Gambari     Mohammed Yisa     CLAY POT     Aisha Ahman Pategi     UTME     Budo-Egba     Olaiya Victor Mobolaji     Raji AbdulRasaq