The Qadi of the Shari’ah Court of Appeal, Kwara State, Justice Abdurraheem Sayi, has asserted that Muslims in South-West Nigeria do not require approval from state authorities or traditional rulers to establish and operate Shari’ah arbitration panels. His remarks come in response to growing debates surrounding the legitimacy of such panels in the region.
Justice Sayi made this declaration during the University of Lagos Muslim Alumni 30th Pre-Ramadan Lecture, themed “The Transformative Power of Ramadan,” held at the J.F. Ade Ajayi Auditorium, UNILAG, on Sunday. The event, attended by dignitaries including Lagos State Deputy Governor, Obafemi Hamzat, and Ogun State Deputy Governor, Noimot Salako, sought to dispel misconceptions surrounding Shari’ah law and its application in Nigeria.
Legal Basis for Shari’ah Arbitration
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 emphasized that arbitration is a contractual matter and does not require government approval.
“There’s no confusion in the Nigerian Constitution. Arbitration is by contract,” he stated. “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.”
The judge further explained that Muslims do not need permission from religious bodies or traditional rulers to establish Shari’ah arbitration panels, as the law allows private citizens to do so.
“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.”
Legal Framework and Court References
Justice Sayi cited the Arbitration and Mediation Act of 2023, which permits private citizens to form arbitral panels and determine the legal framework governing such panels. He revealed that High Court judges in Lagos have, on multiple occasions, referred cases to independent Shari’ah panels after acknowledging their limitations in handling certain matters.
He questioned why states like Lagos, Osun, and Ogun—where Muslims constitute a significant percentage of the population—do not have legal structures such as Shari’ah courts to handle personal and family matters for adherents of Islam.
“Muslims in the South-West remain excluded from the region’s family law system,” 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.”
The judge argued that while Shari’ah panels are not substitutes for regular courts, they function based on contract law. Attendance at such panels is voluntary, but once a participant engages in proceedings, the decision becomes legally binding.
Call for Inclusion in the Legal System
Justice Sayi urged 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 marriage dissolution, child custody, and inheritance.
“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,” he stated.
Islam and Its Role in Society
Also speaking at the event, Professor Mashood Baderin of the School of Oriental and African Studies, University of London, delivered a lecture titled “Islam at the Intersection of Humanity and Religion.” He emphasized the importance of Muslims manifesting their faith in ways that positively impact society, including the regular observance of their five daily prayers.
The discourse on Shari’ah arbitration in the South-West is expected to continue, as legal and religious scholars weigh in on the constitutional and societal implications of these panels. However, Justice Sayi’s remarks reaffirm the position that the establishment of such panels remains within the rights of Nigerian Muslims and does not require state approval.
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