Sharia row rages in South-West as supporters expand scope of demand from panel to court
Controversy has erupted in South-West Nigeria over the establishment of Sharia panels in the region, with Muslim leaders emphasizing their right to self-determination and non-Muslim groups expressing apprehensions about the potential implications of such panels.
The distinction between Sharia courts and panels is at the heart of the controversy, reports Sunday Vanguard.
However, Muslim leaders maintain that Sharia panels are not courts but rather arbitration committees that handle civil matters such as marriage, divorce, inheritance, and disputes over contractual agreements between Muslims.
Sharia court is part of the judicial system in the North where Muslims are dominant in population. Still, there have been agitations for the court to also operate in the South-West where Muslims have a large presence but Christians are dominant in many states of the region.
Beginning
It all started after a group in Oyo town in Oyo State, South-West signalled its intention to set up a Sharia panel in the area.
The Supreme Council for Sharia in Nigeria (SCSN), Oyo Branch, announced the indefinite postponement of the inauguration slated for yesterday, January 11, following widespread outcry.
In a statement signed by the Khadimul Muslimeen of Oyo Kingdom, Imam Daud Igi Ogun, the group said, “The inauguration ceremony of the Supreme Council for Shari’ah in Nigeria (Oyo branch) has been suspended until further notice. Islam portrays peace.”
The planned inauguration was to take place at the Muslim Community Islamic Centre in Mobolaje Area, Oyo.
Prominent Muslim leaders expected at the botched ceremony included the Basorun of Oyoland, High Chief Yusuf Akinade Olayinka, and the Aare Musulumi of Oyoland, Alhaji Chief Tajudeen Abdul-Hammed Kamorise, amongst others.
But the suspension did not stop some individuals under the aegis of Yoruba Council Worldwide (Igbimo Apapo Yoruba Lagbaye) from threatening to institute legal action against the promoters of the Oyo Sharia panel if they did not completely abandon the plan.
A group, Muslims Rights Concern (MURIC), joined the fray, last week, when it dared the Yoruba Council Worldwide to do its worst, saying the Sharia panel being planned in Oyo was different from Sharia court.
For emphasis, MURIC said critics of the Sharia panel were ignorant as the development was not new to the South-West as it has operated for years in many parts of the region.
It said In a statement signed by its Director, Prof Ishaq Akintola: “A Yoruba group under the name Yoruba Council Worldwide (Igbimo Apapo Yoruba Lagbaye) has threatened to take legal action against Muslims planning to launch Sharia court in Oyo town, Oyo State if they go ahead with the plan.
“But this is a deliberate attempt to create tension because, in reality, nobody is planning to inaugurate a Sharia court. What is being planned in Oyo town is a Sharia panel. It is only the state or Federal Government that has the constitutional power to create a court.
“On the contrary, any group of people can set up a panel. A panel is just a committee. A group can set up a committee or panel and an organization can do same. The Yoruba group is just crying wolf where there is none because we explained all these in our statement of Thursday, 26th December, 2024.
“We want to correct the impression that Oyo Muslims plan to inaugurate a Shari’ah court. What Oyo Muslims are planning Is not a Shari’ah ‘court’ but a Shari’ah panel. This is something that has been in existence in Yorubaland since 2003 to date. It therefore accused the Yoruba group of making a mountain out of a molehill.
“How sensible is it for anyone to say Muslims should not form a committee? How logical is it to say Muslims should not hold meetings inside their mosques and halls? This Yoruba group is not well informed, otherwise it should have known that what it is trying to stop already exists in all the states of the South-West.
“Already, there are Shari’ah panels sitting at the Central Mosque, Oja Oba, Ibadan, Oyo State (since 1st May, 2002); Abesan Central Mosque, Ipaja, Lagos State (since 2003); Egba Muslims Central Mosque, Kobiti, Abeokuta, Ogun State (since 17th January 2018); Osun State Muslim Community Secretariat, Ring Road, Oshogbo (since 2005).
“Going by the venues mentioned here it is clear that the Shari’ah panels are not using government’s buildings or courts. They use mosques because the Shari’ah panels are private arbitration panels. But they already exist. So this Yoruba group is trying to shut the stable door after the horse has escaped.
“Only those who want to make caricatures of themselves will think of stopping the Shari’ah panels. They are not disturbing anybody. They have never and will never invite Christians to appear before them.
“Even the Muslims who appear before them do so voluntarily because the Shari’ah panels have no power of enforcement. So what is the big deal? Why so much fuss? Isn’t this much ado about nothing? What does this Yoruba group want except to heat up the polity? They are attention seekers.
“Even the letter sent by the group was addressed to the wrong person. The letter was addressed to Shaykh Abdul Rasheed Hadiyatullahi whereas the latter is not part of the Oyo town team. He is in Iwo, Osun State.
“Their claim that Shari’ah has no history in Yorubaland is absolute bunkum. To set the records straight, Shari’ah is of great antiquity in this part of the country. We will tell them about it because our people say ‘when a child rejects pounded yam in the evening, his parents will narrate the story of his mother’s marriage to him.’
“Where were these people who are now opposing ordinary Shari’ah panel in Yorubaland when Oba Abibu Olagunju of Ede employed Qadi Sindiku to operate the Shari’ah court at Agbeni area of Ede town? The court functioned at Agbeni up till 1913. It was moved to Agbongbon area of the town in 1914.
“Where were they when Oba Momodu Lamuye who died in 1906 established a Shari’ah court in Iwo? Were they born yet when Oba Aliyu Oyewole of Ikirun employed Mallam Bako as the qadi (judge) from 1910? This is history. This is our past, the past of Shari’ah. We will not allow anyone to cut us away from our past. Today was born from the wombs of yesterday.
“It was the British imperialists who curtailed the application of Shari’ah via the repugnancy and validity tests and replaced them with Christian common law in the whole South-West but they retained civil Shari’ah in the North.
“It is only that civil Shari’ah that Yoruba Muslims are activating in their Shari’ah panels without official involvement because none of the South-West governors since independence have had the liberal or democratic mien to allow the application of Sections 275(1), 276 and 277 of the 1999 Nigerian Constitution which allow the practice of Shariah in any state with substantial Muslim population.
“It is gratifying that the Yoruba group has threatened to go to court. We assure them that Yoruba Muslims are not afraid of legal action over Shari’ah. The law is on our side. But we advise that they should take a good look at the sections of the constitution cited above before doing so and make sure they ask those who went to court before over Shari’ah. We are waiting.”
‘Oyo won’t allow illegality’
Reacting, Governor Seyi Makinde declared that government would not allow illegality.
His Chief Press Secretary, Dr Sulaimon Olanrewaju, said: ”Oyo State will not permit anything illegal. The focus isn’t about wanting Sharia or not but ensuring that any structure aligns with the legal system we operate.”
Also, Makinde, in a statewide broadcast, acknowledged that the initiative had caused anxiety and promised to uphold the laws and the Constitution of Nigeria.
“If their actions are within the law, fine, if not, they should expect that I will insist the law must be followed.”
Perspectives
In a bid to explore the intricate dynamics surrounding the establishment of Sharia panels in the South-West, Sunday Vanguard engaged with both Muslim stakeholders and non-Muslims to gather a diverse range of perspectives on the matter.
As discussions intensify regarding the role of Sharia in the region’s legal framework, opinions vary widely.
Supporters expanded their wish to include the establishment of Sharia courts as a means of recognizing and accommodating the unique legal needs of the Muslim community, while critics expressed concerns about potential implications for broader societal cohesion.
This engagement aims to illuminate the complexities of the ongoing debate, highlighting the hopes, fears, and historical contexts that shape the views of both communities.
A legal practitioner, who is also a Sharia judge (Qadi) at the Sharia Panel in Lagos State, Mr. Trimizee Adisa Dairo, said the quest for Sharia panels is about asserting their right to live according to their faith.
“Sharia is part and parcel of a Muslim’s life,” Dairo emphasized. “It encompasses our private and public life, social and economic life. Our lives are regulated by Sharia.
“Sharia is part and parcel of a Muslim’s life, and no Muslim will deny that.
“Again, Sharia is wide and comprehensive. It encompasses our private and public life, social and economic life. Our lives are regulated by Sharia.
“Therefore, it is impossible for a Muslim to live without Sharia. Once you take away Sharia from the life of a Muslim, he becomes a non-Muslim. That is how important it is. It is not like other religions that regulate their practices on a matter of faith. That is why Sharia is very important to a Muslim and in a Muslim’s life.”
Difference
“There is agitation by Muslims in the South-West to allow the application of Sharia so that Muslim marriages will be governed by Sharia as opposed to Yoruba customary law, Muslim inheritance will be governed by Sharia as opposed to customary law, and the guardianship of children will be regulated by Sharia law.
“These are permissible, and these are what are going on in the North. It is the right of Muslims in the South-West to be governed by the law of their religion regarding those highlighted matters.
“Since the Constitution expressly provides for this, it is a genuine agitation that has been ongoing for some time.
“That is as far as the official courts are concerned because it is the business of the government to establish courts to govern people in the state.
“Also note that none of the states in the South-West has acceded to that; they have all rejected it, apparently because of criticisms and opposition from non-Muslims. “But on the issue of having a panel, it is different. It is like arbitration, and the law of arbitration is very clear. A Muslim can decide to contract his marriage under Sharia and within the fold of Islam, and when this is done, he has the fundamental right to seek redress on the same issue under an arbitration panel.
“That does not require any form of state approval because it falls under the freedom of association to submit willingly to arbitration proceedings.
“If both parties submit to the arbitration proceedings, then the decision becomes binding on them.
“It is not for Christians and non-Muslims alike to begin to cry out about why Muslims want to have an arbitration panel; it shows they are ignorant of the issue they are criticizing.
“For a Christian who has issues in his marriage, he has a place to go, which is the High Court.
“For those who willingly decide that they want to be bound by the customs and traditions of the Yoruba, if they have issues in their marriage and inheritance, they go to the Customary Court, and the customs will be upheld there.
“For Muslims who do not consent to either of the two, where do you expect them to go when they have issues? We have seen situations where Muslims go to the Customary Court on issues of marriage, and the court says it has no jurisdiction to entertain the matter because the marriage is governed by Muslim law, not customary law.
“Remember that the government has failed to create a court that will look into such matters.
“So, in order to fill the gap and circumvent that problem, Muslims have come together to establish arbitration panels.
“That is exactly what Muslims are doing all over the South-West.
“It is the failure of the government to do the needful.
“Our government officials attend Muslim marriages, but they fail to understand that the couple has no place to turn to when issues arise in their marriage. This is where the Sharia panel comes in.
Addressing misconceptions
“I think non-Muslims only focus on one aspect of Sharia, which is the criminal aspect.
“One of the public laws in Sharia is the non-criminal aspect.
“Just as Sharia is a system of law, people are always apprehensive about any law; they become apprehensive about the punishments.
“They hear about stoning to death, cutting off hands, and so on, but Sharia is not limited to that, and it is rarely possible because its execution is the duty of the state, not individuals.
“Besides, it is optional if you choose to be bound by that.
“So, I don’t know why non-Muslims should entertain any fear. Nigeria is ruled by a Constitution, and we can have two systems of law running concurrently; Sharia is allowed with very limited application as it relates to a Muslim’s private life.
“That is why the Constitution allows Muslims to be governed by Sharia in the aspects of marriage, divorce, inheritance, guardianship of children, and to some extent, in any contractual agreement. “These are the areas, so outside these areas of law, Sharia is not applicable, at least at the official level in Nigeria.
“So, non-Muslims are only being apprehensive without any basis”.
Need for panel
Responding to how Muslims were resolving marriage disputes before the advent of Sharia panels, he noted, “If those disputes had been resolved by the conventional court, it means they didn’t take cognizance of the fact that they were contracted ab initio under Islamic law, and, moreover, because there was a dearth of experts in Islamic law.
“It is not as simple as that. Muslim marriages are not the same as Christian or customary marriages.
“Yes, you can rightly assume that Christian marriages are statutory marriages.
“That is why when there are issues, they go to the conventional courts.
“As for Muslims, they cannot go to the conventional courts because Muslim marriages are Islamic in nature and regulated by Sharia.
“That is why I said earlier that Sharia governs the private and public lives of Muslims.
“These benefits are enjoyed by our northern brothers because they go to the Sharia courts on such issues.
“It should also be noted that these Sharia courts do not entertain complaints from non-Muslims.
“I don’t know the reason for the apprehension because it is strictly for Muslims and not for non-Muslims.
“You will not hear of a Sharia court in the North assuming jurisdiction over a Christian or someone whose marriage was not contracted according to Sharia.
“That is what we are clamoring for here. The agitation is simple: to adjudicate Muslim marriages, guardianship of children, and inheritances.”
Spread of Sharia
“It is not possible unless it is codified or passed into law by the state House of Assembly.
“In criminal law, you don’t commit an offence unless that offence is expressly written as a law.
“The criminal aspect has not been approved or codified by the state, so, there is no way the Sharia court will do that. “There are aspects of the Sharia the Constitution allows.
“These are areas of marriages, divorce, inheritance, guardianship and, to some extent, contract. It’s a constitutional provision.”
Between Litigation and Arbitration — Olarinde
An Ibadan-based legal practitioner, Marthina Olarinde, on his part, said, “I don’t think we are ready for that (Sharia court). It is a structure that is very rigid, and there is no escaping it. Once a judgment is pronounced, it is difficult to overturn.
“This is about religion, and you don’t play around with it. Once it is declared to be A, they go for A.
“Whatever justification anyone provides will not change that. As long as it is related to religion, it is inflexible. It is strict, and I believe we are not prepared for that.
“However, having said that, as long as anyone chooses to be bound by it, it shouldn’t pose any issues.
“The fact is that it is optional. It is up to the individual to decide whether to pursue litigation or arbitration”.
Panel can’t compel people to submit to arbitration — Shakirullahi Obale, judge
Mr. Shakirullahi Obale, another Sharia judge at the Abesan Sharia arbitration panel, offers a perspective. “The Sharia panel we are talking about in the South-West cannot compel people to submit to its arbitration.
“It is a misconception—and indeed a sign of narrow-mindedness—to believe that Islamic Sharia is solely about killing, stoning, amputation, and similar punishments.
“Today, we have Jaiz Bank and other Islamic alternative financial institutions, including Sukuk bonds and others.
“Are the operations of these Islamic-based organizations and policies about killings? “No, they are not. However, there are ill motives to distort the perception of Islam.
“There is a difference between Sharia panels and courts. A Sharia panel is solely for arbitration. As one of the judges (Qadi), we have two panels in Lagos State—one in 1004, Lagos, and the other at Abesan Estate.
“Unlike the courts, which are established by state law, a Sharia panel cannot compel people to submit to its arbitration.
“No individual or organization can establish a Sharia Court of Appeal.
“Those who criticize it and those who threaten legal action are raising issues without any basis.
“Sharia, as we know it, has been in existence in Nigeria since 1908. Some people are determined to castigate anything related to Islam.
“The Sharia panels operate in mosques to settle issues regarding marriage, inheritance, divorce, guardianship, and contracts. Therefore, there is no basis for criticism.
“Some of those who criticized Jaiz Bank and Sukuk in the past are now benefiting from them.
“They may lack knowledge about their operations, but they find it convenient to criticize. As it stands, Islamic law is recognized by the Constitution.”
‘Govt failed Muslims’
He explained further: “Muslims in the South-West are agitating because it is their right.
“The Constitution expressly provides that a Sharia Court of Appeal can be established by any state, provided it is passed into law by the state House of Assembly.
“This agitation has been present, yet none of the states in the region has acceded to the demand.
“Several proposals have been made, but they have been rejected, apparently because of criticism from non-Muslims.
“As for the establishment of a panel, it is intended for arbitration.
“The law of arbitration is very clear: it serves as a means of mediation to resolve disputes.
“In that regard, Muslims can choose to participate or not in matters related to marriage, divorce, and other issues mentioned earlier.
“This does not require any form of state approval; it is about the freedom of association. This situation arises because the government has failed in its duty to do the right thing. No Muslim can live a life outside the Sharia. It is not possible.”
Despite all the criticisms, Obale expressed optimism that the agitation will come to pass sooner.
“Yes, I hope so, and Insha Allah, it will happen,” he said.
“Whether they like it or not, we will have a Sharia Court of Appeal. I am surprised that Lagos State has not initiated this because it is known as a leading state inmany aspects.
“The administration of criminal justice was started by Lagos State. One day, we will have this in one of the states.”
It’s unnecessary noise —Islamic scholar
Contributing to the Sharia controversy, the Vice President, A
