South West Govts Lack Authority To Halt Shariah Panels – Kwara Judge
The Qadi of the Shari’ah Court of Appeal, Kwara State, Justice Abdurraheem Sayi, has stated that Muslims in the South-West do not require approval from state authorities or traditional rulers to establish and operate Shari’ah arbitration panels.
Speaking at the 30th Pre-Ramadan Lecture organized by the University of Lagos Muslim Alumni (UMA) on Sunday, Justice Sayi described opposition to Shari’ah arbitration in the South-West as legally unfounded, Islamophobic, and an embarrassment to legal professionals.
Delivering a lecture titled “Shari’ah in South-West Nigeria” at the J.F. Ade Ajayi Auditorium, UNILAG, he emphasized that arbitration is purely contractual and does not require government endorsement.
“There’s no confusion in the Nigerian Constitution. Arbitration is by contract. No one, not even the President, needs to approve the constitution of an arbitration panel.”
He further stressed that Muslims do not need permission from religious leaders or traditional rulers to operate such panels, likening them to committees established by associations and political parties to resolve internal disputes.
Citing the Arbitration and Mediation Act of 2023, Justice Sayi stated that the law allows private citizens to form arbitral panels and determine their own legal framework.
He highlighted cases in Lagos, where High Court judges had referred litigants to Independent Shari’ah Panels for resolution, emphasizing the growing acceptance of Shari’ah arbitration.
Justice Sayi criticized the absence of Shari’ah courts in Lagos, Osun, and Ogun, despite the significant Muslim population in these states. He argued that Muslims in the region are unfairly excluded from the family law system, particularly in matters of marriage dissolution and child custody.
“There is no single court in the South-West competent to dissolve an Islamic marriage or handle child custody cases under Islamic law. Shari’ah is a fundamental right of Muslims.”
He urged South-West governments to recognize Shari’ah arbitration as a legal option to give Muslims a sense of belonging.
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”, calling on Muslims to practice their faith in ways that positively impact society.
