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.

Saudat Abdulbaqi     Baakini     Gaa Olobi     Isiaka Rafiu Mope     Oba David Oyerinola Adedunmoye     Ilorin Emirate     Law School Scholarship     Shuaib Olarongbe     Oni Adebayo     Kwara State Printing And Publishing Corporation     Idofin     Towoju     Toyin Falola     Ibikunle Ogunleye     Senior Staff Union Of Colleges Of Education     Just Event Online     Obuh     Michael Nzwekwe     Eghe Igbinehi     Ahmad Olayiwola Kamaldeen     Umar Adelodun     Mahee Abdulkadir     Elerin Of Adanla Irese     Alanamu     Harmony Holdings     Ajia-Bako     Gobir Organization Foundation     Esuwoye     Kayode Ogunlowo     Oladimeji Thompson     Dumagi     Bisi Oyeleke     Kwara State Council Of Chiefs     Modibo Kawu     Abiodun Abdulkareem     Tunde Saad     Halimat Yusuf     Lola Ashiru     Saka Adeyemo     Okin Group     Okiki     Budo-Egba     Bukola Saraki     Azeez Bello     Saheed Alakoso     Deji Ajani     Adedipe     Garba Idris Ajia     TIC     Adamu Attah     Grillo     Rashidi Yekini     Segun Abifarin     Sola Saraki Educational Foundation     Funmilayo Oniwa     Ilorin International Airport     Salihu S. Yaru     Dele Belgore     Bola Olukoju     Kayode Yusuf     Afolabi-Oshatimehin     KW-GIS     Pakata     Yunus Lawal     Yekini Adio     Is\'haq Modibbo Kawu     Student Learning Support Helpline     Doyin Agbamu     Forgo Battery     Hydro-electric Power Producing Areas Development Commission     Chief Imam Of Omu-Aran     Victor Gbenga Yusuf     CACOVID Palliatives     A.O. Belgore     Al-Hikmah University     Yusuf Amuda Abubakar     Olosi Of Osi    

Cloud Tag: What's trending

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

Iyeru Grammar School     Jimoh Olusola Imam     Abdullahi Saadudeen Alikinla     Eleja Taiwo Banu     Yahaya Dumoye     MMWG     Adebara     Yomi Adeboye     Ambassador Kayode Laro     Risikat Lawal     Taofik Abdulkareem     Hajj     UITH     Balogun-Ojomu     Special Adviser On Digital Innovation     Monthly Sanitation     Abubakar Suleiman     Chief Of Staff     Tunde Idiagbon Road     Olateju Lukman     Ilesha-Baruba     Oba-Solagberu     Yahaya A Paniyaro     Sulu Babaita Isiaka     Gambari     Kamaldeen Ajibade     Okeose Christian Cementary     Ahmed \'Lateef     Raymond Olaitan     Mopelola Abdulmaliq-Bashir     Arinola Fatimoh Lawal     Baba Issa Awoye     Timothy Akangbe     Azeez Salawu     TIIDELab     Peter Amogbonjaye     Bisi Kristien     PharmAccess Foundation     Yahaya Muhammad     AbdulQowiy Olododo     Alikinla     Www.Kwarareports.com     Yemi Osinbajo     United Nigeria Congress Party     Bayo Lawal     Oluronke Adeyemi     Olaiya Zuberu     ASKOMP     Rasheed Jimoh     Labour Party     Junior Secondary School Certificate Examinations     Hussein Olokooba     Abdulraufu Mustapha     Osuwa     Lawal Olohungbebe     Yusuf Mubarak     S.O. Opowoye     Hassan Taiye Salam     Tope Daramola     Special Agro-industrial Processing Zone     Ilorin Water Reticulation     Ethical College     Moses Adekanye     Salman Jawondo     Kwara State Television     Hamza Usman     Binta Abubakar-Mora     Femi Agbaje     Alfa Belgore     Wahab Egbewole     PAACO-PCL Consortium     Olaiya Victor Mobolaji     Bluenile Associates     Oba Abu     Adamu Atta     Ajeigbe     Kwara Muslim Pilgrims Welfare Board