S’West Governments Have No Power to Stop Shariah Panels – Kwara Judge

A Kwara judge has ruled that South-West state governments lack the authority to halt Shariah panels, citing constitutional and religious grounds. Read more on the legal stance.

Justice Abdurraheem Sayi, the Qadi of the Shari’ah Court of Appeal in Kwara State, has declared that Muslims do not require approval from state authorities or traditional rulers to establish and run Shari’ah arbitration panels in the South-West.

He characterized the opposition to Shari’ah arbitration panels in the South-West as “lacking legal foundation, an embarrassment for legal experts, and simply a manifestation of Islamophobia,” which had been intentionally overlooked by the states involved.

Justice Sayi expressed this view during a lecture titled “Shari’ah in South-West Nigeria” at the University of Lagos Muslim Alumni’s 30th Pre-Ramadan event. Themed “The Transformative Power of Ramadan,” the lecture took place on Sunday at UNILAG’s J.F. Ade Ajayi Auditorium.

The lecture, which included the attendance of Lagos State Deputy Governor Obafemi Hamzat, Ogun Deputy Governor Noimot Salako, and other notable dignitaries, was designed to address and correct misunderstandings about Shari’ah law and arbitration in the region.

Justice Sayi highlighted that arbitration is a matter of contract and does not need government approval. He stated, “There is no ambiguity in the Nigerian Constitution; arbitration operates by agreement.”

“No one requires Federal Government approval to operate it. Despite the President’s significant power, his authority does not cover sanctioning the Constitution of an arbitration panel; it is entirely a matter of contract.”

He also stated that Muslims do not require approval from religious authorities or traditional leaders to establish Shari’ah panels, as the law gives private individuals the right to do so.

He stated, “We don’t require approval from any state authority, much less a monarch. Associations, including political parties, have the ability to create small committees for resolving disputes among their members.”

Every Muslim panel I am aware of conducts its meetings within mosques. Why should pastors or monarchs involve themselves in these matters? Someone needs to remind the monarchs to respect their boundaries.

Referring to the Arbitration and Mediation Act of 2023, the judge clarified that the legislation permits private individuals to establish arbitral panels and also empowers them to decide on the legal framework for these panels.

Justice Sayi emphasized the effectiveness of Shari’ah arbitration in Lagos, noting that there have been several occasions where High Court judges told litigants they were unable to assist and subsequently referred cases to the Independent Shari’ah panel.

He wondered why Muslims in Lagos, Osun, and Ogun—regions where they constitute a significant portion of the population—are denied access to legal structures like Shari’ah courts that cater to their personal and family matters.

To clarify the role of Shari’ah panels, the judge explained that they are “not replacements for courts but operate on a contractual basis with voluntary participation; nevertheless, once an individual takes part in the proceedings, the decision is binding.”

Justice Sayi commented on the broader legal framework, emphasizing that even though the law requires inclusivity and national unity over regional loyalties, Muslims in South-West Nigeria are still excluded from the area’s family law system.

He encouraged the South-West governments to permit the creation of Shari’ah courts, aiming to offer Muslims a sense of inclusion and establish a legal structure for addressing issues like child custody, marriage dissolution, among others.

He expressed that there isn’t a specific provision for Muslims in the family laws of the South-West, making them feel like second-class citizens or as if they don’t belong to these states.

No single court in the region is equipped to dissolve an Islamic marriage or manage child custody cases according to Islamic law. Shari’ah constitutes a fundamental right for Muslims.

Professor Mashood Baderin from the School of Oriental and African Studies at the University of London also addressed attendees, presenting a lecture titled “Islam at the Intersection of Humanity and Religion.” He encouraged Muslims to express their faith in ways that positively influence society, such as by diligently observing their five daily prayers.