Dailyreport
Southwest governments lack the authority to stop Shari’ah panels
The objections to Shari’ah arbitration panels in the Southwest have been dismissed by Justice Abdurraheem Sayi, the Qadi of the Shari’ah Court of Appeal, as evidence of Islamophobia.Southwest governments lack the authority to stop Shari’ah panels
According to Justice Sayi, the creation of Shari’ah arbitration panels in the Southwest does not require the consent of state authorities or traditional leaders.
The objection, he claims, is “legally baseless” and a disgrace to legal professionals.
This was stated by the judge during his presentation on “Shari’ah in Southwest Nigeria” at the 30th Pre-Ramadan Lecture of the University of Lagos Muslim Alumni.
Justice Sayi declared, “The Nigerian Constitution is clear. According to the statement, “arbitration is by contract,” it is a contractual matter that does not need government approval.
The Federal Government’s approval is not required for anyone to operate it. Despite the President’s immense power, he is not able to approve an arbitration panel’s constitution. Simply put, it’s contractual,” he stated.
He emphasized that Southwest Muslims are free to operate without the consent or guidance of any religious authorities or traditional leaders.
The consent of any state authority, much less a monarch, is not required. Organizations, such as political parties, have the authority to form small committees to settle conflicts among their members.
“Every Muslim panel that I am aware of always meets in a mosque.” How can pastors or monarchs be involved in this? The monarchs should be made aware of their limits, he said.
The Arbitration and Mediation Act of 2023, he clarified, gives private individuals the power to establish arbitral panels and to choose the laws that will govern them.
He said, “There have been several cases where judges in the High Court told litigants they were powerless and referred cases to the Independent Shari’ah panel as a result.”
According to him, Muslims in Lagos, Osun, and Ogun, where they make up a sizable portion of the populace, shouldn’t be excluded from accessing legal systems like Shariah courts, which can handle their private and family affairs.
Justice Sayi clarified, “Shari’ah panels operate under contract and are not courts. Attendance is voluntary, but once a person participates in the proceedings, the decision becomes binding.”
He clarified that “there is no single provision for Muslims in the family laws of the Southwest” while urging the establishment of Shari’ah panels. We are treated as though we are not citizens of these states or are second-class citizens.
The area lacks a single court with the authority to end an Islamic marriage or decide child custody disputes in accordance with Islamic law. For Muslims, shari’ah is a fundamental right.
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