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.

AGF Abdulrazaq     Olota Of Odo-Owa     PPS     African Democratic Congress     Reuben Paraje     Royal FM     Arinola Fatimoh Lawal     Innocent Okoye     Lanre Issa-Onilu     Toyin Abdullahi     Olabimpe Olani     Dar-Al-Handasah Consultants Ltd     Baboko Primary School     Principal Private Secretary     Isiaka Saka Opobiyi     Young Progressives Party     All Confederation Of Principals Of Secondary Schools     Kwara State Infrastructure Development Fund     Olupako     Olajumoke Monsura Gafar     Student Learning Support Helpline     Rachael Obisesan     LEAH Charity Foundation     Ishola Balogun Fulani     Haashim Initiative For Community Advancement     Nigerian Correctional Service     Kumbi Titilope     Igbomina     Convocation Ceremonies     Adijat Adebiyi     Elections     Wahab Issa     Kwara State Pension Board     Senate     Col. Ibrahim Taiwo     Mashood Dauda     Ebola     Kwara Restoration Project     Aisha Abodunrin Ibrahim     Oba Sulaiman Asude     Playing Host     Yakubu Dogara     Abubakar Kawu Baraje     Raji AbdulRasaq     KWTV     Oniyangi     Alimi     Abdulrasheed Akogun     Maryam Nurudeen     N-Power     Idris Amosa Saidu     College Of Health     Gbemisola Saraki     CCT     MATTA Girls Foundation     Kawu     Olaiya Victor Mobolaji     Admiralty Villa     Clement Yomi Adeboye     Bureau Of Lands     Abiodun Musa Aibinu     Offa Metropolitan Club     Yusuf Amuda Abubakar     Michael Ologundea     Abubakar B.M     Oyin-Zubair     Nigeria Customs Service     Rice Farmers Association Of Nigeria     Funmilayo Mohammed     Ilorin Like-Minds     Hamidu Olowo     James Kolo     Barakat Community Secondary School     Adesoye College     Suleiman Mora Omar     Lola Ashiru     Tunji Oyawoye    

Cloud Tag: What's trending

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

EFCC     Abdulganiyu Oladosu     Niguel Gallando Marcias     Yoonus Kola Olatinwo     Atiku     Okiki     Ibraheem Adeola Katibi     Kwara State Television (KWTV)     C2c@kwarastate.gov.ng     Tunde Oyawoye     Emir Of Shonga     Yusuf Lanre Badmus     Kwara State Pension Board     Sobi     Ajike People Support Centre     Ndama Al-hassan     Yusuf Amuda Abubakar     Ibrahim Issa Jetti     Moses Adekanye     Face Masks     Ganiyu Abolarin     Ilorin Talaka Parapo (ITP)     Omoniyi Ayinla     Quareeb Islamic Association     Sabi     Oba Abdulraheem     Abdulraufu Mustapha     Pilgrims Board     Lafiagi     Saka Asiat Ayinke     Federal College Of Education (Special), Afon     Sheikh Hamzat Yusuf Ariyibi     Mary Arinde     Patigi Regatta     Jimoh Lambe Abdulkareem     Shehu Salau     Raheem Adaramaja     Tunji Oyawoye     Ilesha-Baruba     Garba Dogo     National Broadcasting Commission     Rebecca Bake     Kwara Muslim Pilgrims Welfare Board     Kwara State Government     John Obuh     Ilorin Curfew     Saka Saadu     KWACOBPA     Ibrahim Abdulkadir Abikan     Suleiman Ajadi     Akume     Reuben Paraje     Mubarak Oladosu     AbdulRahman Saad     Rasheed Jimoh     Abdulkarim Adisa     Gbenga Adebayo     Babaloja-General     Maimunat Oloriegbe     CCEPE     Abdullahi Atanda     Labaeka     Yusuf Abdulkadir     Babajide Ajayi     Offorjama     Lanre Jimoh     Neo Mundo Ltd     Just Law Forum     Muhammad-Mustapha Suleiman     Islamiya Abdulraheem     Elerin Of Erin-Ile     Kwara State Printing And Publishing Corporation     Lawal Arinola Kudirat     Mohammed Lawal     Dar-Al-Handasah Consultants     Kwabes     Kamaldeen Gambari