Southwest Islamic Scholars Assert: Shari’ah Courts Serve Only the Muslim Community

In a press briefing held Tuesday in Ibadan, Oyo State, prominent Islamic clerics and scholars from the Southwest region made it clear that Shari’ah law is intended solely for Muslims, assuring non-Muslims that they are not subject to its mandates.

Organized by the Concerned Yoruba Muslim Scholars and the Supreme Council for Shari’ah in Nigeria, the event featured key figures such as Sheikh AbdurRasheed Hadiyatullahi, President of the Supreme Council for Shari’ah in Nigeria, and Sheikh Abdurrasheed Mayaleeke, Chairman of the Concerned Yoruba Muslim Scholars. Both stressed that the implementation of Shari’ah is voluntary and designed exclusively for those within the Muslim community or parties who choose to resolve disputes under its principles.

During the session, the clerics reassured non-Muslim citizens that the creation of Shari’ah courts is not an attempt to impose Islamic law on the broader populace. “There is no cause for concern among non-Muslims,” they noted, clarifying that these judicial bodies are meant to address the specific needs of Muslim litigants and ensure that Islamic personal law disputes are resolved in a manner consistent with Shari’ah.

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The discussion also addressed recent developments in the region’s judicial landscape. After attempts to establish formal Shari’ah Courts of Appeal in the Southwestern states did not succeed, local Muslim communities opted to create Alternative Dispute Resolution (ADR) mechanisms, termed “Independent Shari’ah Panels.” These panels now serve as the forum for adjudicating Muslim disputes in line with Shari’ah, filling a gap left by existing High and Customary Courts, which have been deemed inadequate for handling such matters.

The legitimacy of these panels is reinforced by legal precedents. The clerics referenced the Supreme Court’s decision in Agu v. Ikewibe, which upheld the validity of informal arbitration, and pointed to Section 277 of the Nigerian Constitution, which recognizes Shari’ah as a source of law. They also recalled earlier rulings in Alkamawa v. Bello and Usman v. Umaru, which confirmed that matters concerning Islamic personal law fall outside the jurisdiction of conventional courts.

Notable attendees at the press conference included Professor Daud Noibi, former Executive Secretary of the Muslim Ummah of Southwest Nigeria (MUSWEN); Professor Ishaq Akintola, Executive Director of the Muslim Rights Concern (MURIC); and Professor Abideen Olaiya, General Secretary of the Concerned Yoruba Muslim Scholars. Their presence underscored the broader community support for the measures outlined by the clerics.

This clarification comes at a time when misunderstandings about the scope and application of Shari’ah continue to circulate, prompting community leaders to reiterate that the principles are applied by choice and are not a mandate imposed on the entire population.

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