A landmark assertion by the Qadi (Judge) of the Shari’ah Court of Appeal in Kwara State, Justice Abdulraheem Sayi, has sparked new debates regarding the establishment and functioning of Shari’ah arbitration panels across Nigeria’s South-West region. In a powerful address, Justice Sayi argued that Muslims in the region do not need approval from state governments, traditional rulers, or any religious authority to form such panels.
The judge, known for his prominent role in upholding Shari’ah law, was delivering the 30th Pre-Ramadan lecture at the University of Lagos (UNILAG) on Sunday. The lecture, titled “The Transformative Power of Ramadan,” drew attention to the contentious issue of Shari’ah law and arbitration in Nigeria’s South-West, where millions of Muslims reside.
Justice Sayi’s comments, made before a gathering of government dignitaries, academics, and community leaders, directly challenged the prevalent belief that state authorities must sanction the establishment of Shari’ah arbitration panels. The panel system, which resolves disputes based on Islamic principles, has faced criticism and legal hurdles in the region, despite its widespread use in other parts of the country.
“The objections raised against Shari’ah arbitration in the South-West are legally baseless and merely reflect a misplaced Islamophobia,” Justice Sayi asserted. “Such objections are an embarrassment to legal minds and should be dismissed.”
His bold statement came as a direct response to some South-West governors, who have shown reluctance in allowing Shari’ah arbitration panels to operate freely, often citing concerns about the constitutionality and potential clash with the secular nature of Nigeria’s legal system.
Arbitration: A Contractual Matter, Not a Government Approval Process
In his remarks, Justice Sayi clarified that the establishment of arbitration panels—Shari’ah or otherwise—was purely a contractual matter, governed by the Arbitration and Mediation Act of 2023. He emphasized that Muslims were well within their rights to form these panels without requiring government approval.
“There is no confusion in the Nigerian Constitution,” he stated, adding that the arbitration process is a contract between consenting parties. “As powerful as the President is, even his authority does not extend to approving the constitution of an arbitration panel. It is purely a contractual matter, and the state has no authority to intervene,” he explained.
Justice Sayi pointed out that the Shari’ah arbitration system, which typically operates within mosques, functions without state oversight. He rejected the notion that monarchs or pastors should have a say in the matter, calling such interventions “a breach of boundaries.”
“The role of traditional rulers in these matters is not only irrelevant but also unwarranted,” he remarked, sparking applause from some in the audience.
Shari’ah Panels Already Filling Legal Gaps
One of the most striking elements of Justice Sayi’s lecture was his focus on the effectiveness of Shari’ah arbitration in practice. He highlighted instances where cases from the region’s regular courts had been redirected to independent Shari’ah panels due to the inability of the courts to address specific Islamic legal matters.
“In Lagos, there have been multiple cases where High Court judges admitted their inability to resolve Islamic family disputes and instead referred litigants to the Shari’ah panels,” Justice Sayi revealed. This underscores the growing demand for Shari’ah arbitration and courts in the region.
He lamented the exclusion of South-West Muslims from a family law system that accommodates their religious practices, particularly in matters such as marriage dissolution, child custody, and inheritance. “There is no court in the South-West competent to handle an Islamic divorce, nor is there a legal framework to resolve child custody disputes following Islamic law,” he said. “Muslims in these states are effectively second-class citizens when it comes to the family law system.”
Justice Sayi’s frustration was palpable as he criticized the regional governments for their continued neglect of the legal needs of Muslim citizens. He called on the South-West governments to create legal spaces where Shari’ah principles could be applied, stressing that this was not a matter of religious supremacy but of basic legal rights.
Muslim Minority’s Struggle for Representation
The call for Shari’ah arbitration and courts to be formally recognized and supported by South-West authorities is not a new one. Muslims in the region have long struggled to have their religious laws incorporated into the public legal system, particularly in Lagos, Osun, and Ogun states, where they form a significant portion of the population.
The judge’s comments brought into sharp focus the concerns of South-West Muslims who feel alienated from the region’s legal infrastructure. “Shari’ah is a fundamental right of Muslims, and denying us access to a legal system that accommodates our religious needs is discriminatory,” Justice Sayi said. He called for a revision of the family law framework across the region to ensure that Muslims are treated with fairness and inclusivity.
Though some critics argue that the separation of religion and state prohibits such integration, Justice Sayi maintained that the Nigerian Constitution itself allows for the coexistence of religious legal systems and civil law. “The Constitution promotes inclusivity and national unity, and as such, the rights of Muslims in South-West Nigeria must be respected,” he said.
Calls for Legal Reforms from Government Officials
The lecture also featured remarks from Lagos State Deputy Governor, Obafemi Hamzat, and Ogun Deputy Governor, Noimot Salako. Both leaders expressed the need for greater dialogue around the issue, while also acknowledging the diversity of legal practices across the country.
Hamzat urged a balanced approach, emphasizing the importance of understanding the intersection of religious freedom and governance in a multi-ethnic society. “While we must respect the rights of religious groups, we must also ensure that no citizen feels marginalized or excluded from the legal processes,” he said.
Meanwhile, Professor Mashood Baderin, a renowned expert on Islamic law from the University of London, delivered a lecture on “Islam at the Intersection of Humanity and Religion,” stressing the importance of upholding religious values while fostering social cohesion.
As the debate continues to unfold, the issue of Shari’ah arbitration and its place within Nigeria’s legal framework remains a contentious but crucial matter, particularly in the South-West where the Muslim population continues to grow. With the South-West governors under pressure to address the demands for Shari’ah courts and arbitration, the coming months may prove pivotal in reshaping the region’s legal landscape.
