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.

Otuka     Aishatu Ahmed Gobir     Woro     Pius Abioje     C2c@kwarastate.gov.ng     Hijab     IESA     Chief Imam Of Lafiagi     Ramadhan     Deji Ajani     Hassan A. Saliu     Ilorin Metro Park     Senior Ibrahim Suleiman     Aremu Bose Deborah     Muslim Cementary     Saka Isau     Abdulquawiy Olododo     Oniwa     Yusuf Mubarak     Adeleke Ogungbe     Shehu Alimi Foundation For Peace And Development     Sobi FM     Segun Ogunsola     Idris Amosa Oladipo Saidu     Hauwa Nuru     Adebara     Abdullahi Saadudeen Alikinla     Modibo Kawu     Baboko     Taiwo Joseph     Afolasade Opeyemi Kemi     Haliru Yahaya     Ndakene     Yusuf AbdulRasheed     Isau     Kisra     Bolaji Aladie     IPSAS     Damilola Yusuf Adelodun     Yahya Mohammed     Busari Alabi Alausa     Ophthalmological Society Of Nigeria     Vasolar-Kwara Company Ltd     ER-KANG Mining     Dan Iya Of Ilorin     Lai Mohammed     Code Of Conduct     Aliyu Muyideen     Gbadeyan Gbadura Yomi     Raliat AbdulRazaq     Ilorin Innovation Hub     Siraj Oyewale     Olayinka Jelili Yusuf     Aro Yahaya     Lukman Oyebanji Fagbemi     Buhari     Salihu Yahaya     Olajumoke Monsura Gafar     Iyabo Dupe Adekeye     Federal Neuro-Psychiatric Hospital     Emir Of Lafiagi     Isiaka Saka Opobiyi     Offa     International Public Sector Accounting Standards     Abdulrazaq Adebayo     Mashood Dauda     Vasolar Consortium     Hajj     Oye Tinuoye     BIR     Tunji Arosanyin     Ayinde Oyepitan     Yashikira     CBT     Mutawalle     Oloruntoyosi Thomas     ER-KANG    

Cloud Tag: What's trending

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

Balikis Jawondo     Col. Taiwo     Olupako     Savannah Centre For Diplomacy, Democracy And Development     Road Transport Employers Association Of Nigeria     Mustapha Akanbi     Fawenu     Col. Ibrahim Taiwo     Folorunsho Alao     Gbenga Awoyale     Olaiya Zuberu     UITH     Abubakar Bature Sulu-Gambari     Colleges Of Education Academic Staff Union     Kazeem Gbolagade     Abdulganiyu AbdulAzeez     Hydroelectric Power Producing Areas Development Commission     Haliru Dantoro     Ebola     Olosi Of Osi     Naira Redesign     Valsolar Consultoria     Aliyu Muhammed     Shao     Vasolar-Kwara Company Ltd     Femi Oladiji     Share     Simeon Sule Ajibola     Ganmo     Prince Sunday Fagbemi     Saliu Alamoyo     Ndama Al-hassan     Abubakar Baba     John Olajide Adedipe     Lawyers Unite Against Corruption     Volunteers Of Ilorin Community And The Emirate     Allocation     Michael Nzwekwe     Haleeman Salman     Adegoke Bamidele     Yakubu Mohammed Abdullahi     Maigida     Salihu Ajibola Ajia     Alaiye     Maigida Soludero Transit     Saliu Ajia     Isiaka AbdulRazaq     ER-KANG Mining Nigeria Company Limited     Idowu Aremu     Segun Abifarin     Isiaka Rafiu Mope     Kwara Restoration Project     Yahaya Abdulkareem Babaita     Iyaloja-General     Agor     Bureau Of Lands     Sarkin Malamai     Iyabo Adisa Ibiyeye     Owo Isowo     Shehu Alimi Foundation For Peace And Development     Amuda Aluko     Kisra     Federal College Of Education (Special), Afon     Okanlawon Taiwo     Ilorin East     Baba Adini Of Kwara State     Sayomi     Ghali Alaaya     Muhammad Mustapha Suleiman     Towobola Abdulrahman Toyin     Aminu Ado Bayero     Kolawole Bashirat     Academic Staff Union Of Universities     Dele Belgore     Ilorin Descendants Progressive Union     TESCOM 2025     Tsaragi