Justice Abdurraheem Sayi, the Qadi of the Shari’ah Court of Appeal in Kwara State, has asserted that Muslims in the South-West do not require approval from state authorities or traditional rulers to establish and operate Shari’ah arbitration panels.
He dismissed objections to such panels in the region as “legally baseless, an embarrassment to legal minds, and a mere display of Islamophobia,” which, according to him, has been deliberately overlooked by the affected states.
Justice Sayi made these remarks during a lecture titled “Shari’ah in South-West Nigeria” at the University of Lagos Muslim Alumni 30th Pre-Ramadan Lecture.
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The event, themed “The Transformative Power of Ramadan,” took place at the J.F. Ade Ajayi Auditorium, UNILAG, on Sunday, with prominent attendees including Lagos State Deputy Governor Obafemi Hamzat and Ogun State Deputy Governor Noimot Salako.
The lecture sought to address misconceptions surrounding Shari’ah law and arbitration in the region.
Justice Sayi clarified that arbitration is a contractual matter and does not require government approval. He stated, “The Nigerian Constitution is clear—arbitration is by contract. No one needs federal approval to operate an arbitration panel. Even the President, with all his powers, has no role in approving its constitution.”
He further stressed that Muslims do not need permission from religious organizations or traditional rulers to establish Shari’ah panels, as the law allows private individuals to do so.
“We do not require the approval of any state authority, let alone a monarch,” he said. “Various associations, including political parties, set up committees to resolve disputes among their members. Muslim arbitration panels typically hold sessions within mosques, so pastors and monarchs have no role in this matter. They should understand their limits.”
Referencing the Arbitration and Mediation Act of 2023, Justice Sayi explained that the law empowers private citizens to form arbitration panels and determine their governing legal framework.
He highlighted the effectiveness of Shari’ah arbitration in Lagos, noting that High Court judges have, on multiple occasions, referred cases to independent Shari’ah panels after acknowledging their inability to resolve certain disputes.
He questioned why Muslims in Lagos, Osun, and Ogun—where they constitute a significant portion of the population—are deprived of legal structures like Shari’ah courts to handle personal and family matters.
Justice Sayi clarified that Shari’ah panels are not meant to replace conventional courts but function on a contractual basis, where participation is voluntary. However, once a party agrees to the proceedings, the decision becomes binding.
Discussing the broader legal landscape, he argued that while the law promotes inclusivity and national unity over sectional divisions, Muslims in the South-West remain marginalized in the region’s family law system.
He called on South-West governments to allow the establishment of Shari’ah courts, ensuring that Muslims have a legal framework for resolving issues like marriage dissolution and child custody under Islamic law.
“There is no provision for Muslims in the family laws of the South-West,” he lamented. “It feels as though we are second-class citizens or do not belong to these states. No single court in the region is competent to dissolve an Islamic marriage or handle child custody cases under Shari’ah law. Shari’ah is a fundamental right of Muslims.”
Also speaking at the event, Professor Mashood Baderin from 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 practice their faith in ways that positively contribute to society, including observing their five daily prayers.
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