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.

Yusuf Zulu-Gambari     Makama Of Kaiama     Savannah Centre For Diplomacy, Democracy And Development     Ibrahim Orire     Biliaminu Aliu     Abdulrasheed Na\'Allah     Siddiq Adebayo Idowu Salawu     Alikinla     Hijaab     Yinka Aluko     EndSARS     Dan Iya     Muhammad Fawaz Abubakar     Alumni Association Of The Federal Polytechnic Offa     Kaosarah Adeyi     Kwara State Fish Farmers Association     Pategi     Fatai Olodo     Kwara Restoration Project     Marufat Oladosu     Okin Group     Millennium Development Goals     Garment Factory     Asiwaju Bola Tinubu     Toun Okewale-Sonaiya     Kwara University Of Education     Wakilin Mata Lafiagi     Siraj Oyewale     Najim Yaasin     Muideen Olaniyi Alalade     UITH     Sabi     ASMAU PLAZA     Sheriff Olanrewaju     Read With Me     VADA     Alapansapa     Facemasks     Oluronke Adeyemi     UTME     Ilorin Emirate Stakeholders Forum     Olupako     Adamu Jemilat-Baki     Kannike     Chief Imam Of Offa     Omu-aran     Hamidu Olowo     Ilorin South     Ophthalmological Society Of Nigeria     Firdaos Amasa     Road Transport Employers Association Of Nigeria     Mope Dasuki Belgore     Aiyedun     TVC Female National Debate     Ayinde Oyepitan     Sa\'adu Salahu     Orisun Igbomina     Abdulmutalib Shittu     Gbemi Saraki     Alfa Modibbo Belgore     Jelili Yusuf     Valsolar     Abdulazeez Uthman     Funmilayo Oniwa     Babatunde Ajeigbe     Post-utme     Folashade Omoniyi     Special Agro-Industrial Hub     Ilorin Muslim Community     Elerinjare     Ayodele Kuburat Olaosebikan     Durosinlohun Kawu     Olabanji Orilonishe     Oke Sunna     Sarah Alade     Ayodele Shittu     Gbadeyan Gbadura Yomi    

Cloud Tag: What's trending

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

Lanre Jimoh     Senior Staff Union Of Colleges Of Education     RTEAN     Shagari     Tunji Oyawoye     Saliu Mustapha     Abdul-Rahoof Bello     Ramadhan     Olayinka Are     Centre For Peace And Strategic Studies     Share/Tsaragi     Moshood Mustapha     Lola Olabayo     Lawyers Unite Against Corruption     Akanji     Salmon Babatunde Salmon     Col. Ibrahim Taiwo     Voices Of Tomorrow     Ojuekun Sarumi     Ope Saraki     Abdulganiyu Salahudeen     Hikmah AbdulKareem     Aliyu Alhassan     Salake     Mohammed Abdulahi     IDPU     Salihu S. Yaru     Oke-Odo     Olaitan Buraimoh     Ibrahim Kayode Adeyemi     Woro     AbdulRazaq Jiddah     AbdulFatai Adeniyi Dan-Kazeem     Saheed Alakoso     Bio Ibrahim     FOMWAN     Hassan Saliu     Osinbajo     Azeez Bello     Yahaya A Paniyaro     Umar Ahmed Gunu     Abikan     Yusuf Abdulkadir     Talaka Parapo     Samuel Elizabeth Keatswa     Abdulazeez Arowona     Mohammed Ajia Ibrahim     Dapo Teni Nig Enterprise     Fulani     Siraj Oyewale     Yusuf Abdulwahab     Yusuf AbdulRasheed     Saidu Isa     IFK     Abdulraufu Mustapha     Matthew Babaoye     Dele Momodu     Yusuf Ali     Funke Adedoyin     Assayomo     Afolabi-Oshatimehin Adenike Harriet     Abdulfatai Ahmed     Playing Host     Yakubu Danladi     Mamatu Abdullahi     Ilorin Curfew     Olatinwo     Yoonus Kola Olatinwo     Joshua Adeyemi Adimula     Fatimah Abdulkadir     Mustapha AbdulGaniyu     Abubakar Baba     John Dara     Kwara Primary Health Care Development Agency     Funmi Salau     Oloruntoyosi Thomas     International Aviation College