The Qadi of the Shari’ah Court of Appeal in Kwara State, Justice Abdurraheem Sayi, has asserted that Muslims in the South-West have the legal right to establish and operate Shari’ah arbitration panels without requiring approval from state authorities or traditional rulers.
Speaking at the 30th Pre-Ramadan Lecture of the University of Lagos Muslim Alumni on Sunday, Justice Sayi dismissed opposition to these panels as “legally baseless, an embarrassment to legal minds, and a mere expression of Islamophobia syndrome.”
The event, themed ‘The Transformative Power of Ramadan’, took place at the J.F. Ade Ajayi Auditorium, UNILAG, with notable attendees including Lagos State Deputy Governor, Obafemi Hamzat, and Ogun State Deputy Governor, Noimot Salako.
Addressing misconceptions surrounding Shari’ah law and arbitration, Justice Sayi emphasized that arbitration operates on a contractual basis and is not subject to government approval.
He clarified, “There’s no confusion in the Nigerian Constitution. Arbitration is by contract. 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.”
He further maintained that traditional rulers and religious bodies have no jurisdiction over Shari’ah panels, as private citizens have the right to establish and operate them under the law.
“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,” he stated.
Referencing the Arbitration and Mediation Act of 2023, the judge highlighted that the law empowers private individuals to create arbitration panels and define their legal framework.
He noted that Shari’ah arbitration has already proven effective in Lagos, revealing that some High Court judges have directed litigants to independent Shari’ah panels when conventional courts could not provide solutions.
Justice Sayi questioned why Muslims in states like Lagos, Osun, and Ogun—where they form a significant part of the population, are denied legal structures like Shari’ah courts for personal and family matters.
He explained that Shari’ah arbitration is voluntary but legally binding once a person consents to participate in its proceedings.
“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. 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.
He called on South-West governments to allow the establishment of Shari’ah courts, arguing that it would foster inclusivity and provide a legal framework for resolving matters such as marriage dissolution and child custody in line with Islamic principles.
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.”
He urged Muslims to reflect their faith in ways that positively impact society, including strict adherence to daily prayers.
