South West Governments Have No Authority to Halt Shariah Panels

[Suyuti1]

Kwara State's Justice Abdurraheem Sayi, Qadi of the Shari'ah Court of Appeal, has made it clear that Muslims in the South-West don't need permission from state authorities or traditional rulers to establish and operate Shari'ah arbitration panels. In fact, he calls objections to these panels "legally baseless" and a form of Islamophobia.

Justice Sayi emphasizes that arbitration is a contractual matter, not requiring government approval. He cites the Arbitration and Mediation Act of 2023, which allows private citizens to form arbitral panels and determine their legal framework. He also highlights the effectiveness of Shari'ah arbitration in Lagos, where High Court judges have referred cases to the Independent Shari'ah panel.

The judge argues that Muslims in the South-West are denied legal structures that address their personal and family matters, despite forming a significant part of the population in states like Lagos, Osun, and Ogun. He urges the South-West governments to allow the establishment of Shari'ah courts, giving Muslims a sense of belonging and a legal framework for resolving matters like child custody and marriage dissolution.

Key Points:
No Government Approval Needed: Muslims can establish and operate Shari'ah arbitration panels without state authorities' or traditional rulers' permission.
Arbitration is Contractual: Arbitration is a contractual matter, not requiring government approval.
Effectiveness in Lagos: Shari'ah arbitration has been effective in Lagos, with High Court judges referring cases to the Independent Shari'ah panel.

Denial of Legal Structures: Muslims in the South-West are denied legal structures that address their personal and family matters.
Call for Shari'ah Courts: Justice Sayi urges the South-West governments to allow the establishment of Shari'ah courts.

Source: https://punchng.com/swest-govts-lack-power-to-stop-shariah-panels-kwara-judge/