The Qadi of the Shari’ah Court of Appeal in Kwara State, Justice Abdurraheem Sayi, has asserted that Muslims in the South-West can establish and manage Shari’ah arbitration panels without requiring approval from state authorities or traditional leaders. He criticized the objections against these arbitration panels as “legally baseless” and described them as expressions of Islamophobia that have been overlooked by concerned states.
Justice Sayi expressed these views during a lecture titled “Shari’ah in South-West Nigeria” at the University of Lagos, part of the 30th Pre-Ramadan Lecture series. The event was attended by notable figures, including deputy governors from Lagos and Ogun, intending to clarify misconceptions surrounding Shari’ah law and arbitration.
Emphasizing the contractual nature of arbitration, Justice Sayi stated, “There’s no confusion in the Nigerian Constitution. Arbitration is by contract.” He argued that neither the Federal Government nor state authorities have jurisdiction over the establishment of arbitration panels, which are strictly contractual matters.
He further asserted that Shari’ah panels are operated independently of the need for permission from religious organizations or traditional rulers, recognizing the rights of private citizens to form such panels. Justice Sayi pointed out that various associations can create small committees to settle disputes among their members, stating, “We don’t need the approval of any state authority, let alone a monarch.”
Referring to the Arbitration and Mediation Act of 2023, he clarified that the law endorses the formation of arbitral panels by private citizens, who also have the power to decide their legal framework. Highlighting the effectiveness of Shari’ah arbitration in Lagos, he revealed instances where High Court judges had to refer cases to Independent Shari’ah panels due to their limitations.
Justice Sayi raised concerns over the lack of legal recognition for Shari’ah courts in Lagos, Osun, and Ogun, areas where Muslims constitute a considerable portion of the population. He underscored that Shari’ah panels are not replacements for courts; they operate on a voluntary attendance basis, and decisions reached are binding once a participant engages in the proceedings.
He called on the South-West governments to permit the establishment of Shari’ah courts, emphasizing the need for a legal framework that addresses issues like child custody and marriage dissolution according to Islamic law. “There is no single provision for Muslims in the family laws of the South-West,” he stated, arguing that the absence of dedicated courts for Islamic matters relegates Muslims to a status that feels like second-class citizenship.
In a related address, a representative from the School of Oriental and African Studies highlighted the importance of Muslims practicing their faith in a manner that benefits society, encouraging the observation of daily prayers as a form of positive societal impact.
