Shariah Panels Not Under Southwest Governors—Kwara Judge Declares

According to Justice Abdurraheem Sayi, Qadi of the Shari’ah Court of Appeal, Kwara State, Muslims in the South-West can create and run Shari’ah arbitration panels without the consent of traditional leaders or state authorities.

He said that the impacted states had purposefully disregarded the objections to Shari’ah arbitration panels in the South-West, calling them “legally baseless, an embarrassment to legal minds, and a mere expression of Islamophobia syndrome.”

Sharia Law In Southwest Nigeria: 8 Thing You Need To Know

Justice Sayi made the claim during his presentation on “Shari’ah in South-West Nigeria” at the 30th Pre-Ramadan Lecture of the University of Lagos Muslim Alumni, which was held on Sunday at the J.F. Ade Ajayi Auditorium, UNILAG, with the topic “The Transformative Power of Ramadan.”

Dispelling myths regarding Shari’ah law and arbitration in the area was the goal of the presentation, which was attended by Lagos State Deputy Governor Obafemi Hamzat, Ogun Deputy Governor Noimot Salako, and other dignitaries.

“There is no confusion in the Nigerian Constitution,” said Justice Sayi, emphasizing that arbitration is a contractual affair that does not require government consent. Contractual arbitration is used.

“To operate it, no one requires the federal government’s consent. Even though the President has a lot of power, he cannot approve the arbitration panel’s constitution. It is only contractual.

He added that the law gives individual persons the authority to run Shari’ah panels; therefore, Muslims do not require approval from religious organizations or traditional leaders to do so.

“We don’t require the consent of any state authority, much less a monarch,” he declared. Small committees can be formed by associations, including political parties, to settle conflicts among their members.

“Muses are the usual location for all of the Muslim panels that I am aware of. What role do monarchs or clergy play in this? The monarchs should be made aware of their limits by someone.

According to the judge, who cited the Arbitration and Mediation Act of 2023, the legislation not only permits private individuals to establish arbitral panels but also gives them the power to choose the rules that apply to these panels.

According to Justice Sayi, “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,” demonstrating the efficacy of Shari’ah arbitration in Lagos.

He asked why Muslims, who make up a sizable portion of the population in Lagos, Osun, and Ogun, are not allowed access to legal systems like Shari’ah courts that handle their private and familial affairs.

Shari’ah panels 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,” the judge clarified in describing their role.

Speaking to the larger legal framework, Justice Sayi contended that although the law favors national unity and inclusivity over sectional allegiances, Muslims in south-west Nigeria are still not included in the family law system of the region.

In order to provide Muslims with a sense of community and a legal framework for settling issues like child custody, divorce, and other issues, he urged the governments of the Southwest to permit the construction of Shari’ah courts.

“The South-West family laws do not contain a single provision for Muslims,” he stated. It’s as if we don’t belong in these states or are second-class citizens.

There isn’t a single court in the area that can handle child custody disputes in accordance with Islamic law or dissolve an Islamic marriage. Muslims have a fundamental right to shari’ah.

Professor Mashood Baderin of the University of London’s School of Oriental and African Studies also spoke at the event. In his lecture, “Islam at the Intersection of Humanity and Religion,” he urged Muslims to practice their faith in ways that benefit society, such as by keeping their five daily prayers.