ICYMI: Islamic council says constitution backs establishment of Shariah courts in any state

The Nigerian Supreme Council for Islamic Affairs (NSCIA) has expressed concern over what it describes as growing disregard for the rights of Muslims, particularly in the southern part of the country. 

The council, led by Sa’ad Abubakar, Sultan of Sokoto, condemned the opposition to the establishment of independent Shariah arbitration panels in Ekiti state and Oyo state.

A statement issued on Wednesday by Haroun Muhammad Eze, NSCIA’s deputy national legal adviser, said the resistance is “unwarranted” and “unnecessary”.

The council said the arbitration panel was conceived to fill the vacuum of Shariah courts of appeal in states where they have not been established “despite constitutional provisions allowing them”.

It claimed that the rejection of the arbitration panels shows a broader pattern of discrimination against Muslims in the region.

Citing Section 275 of the 1999 constitution, the NSCIA said the legality of the arbitration panels cannot be questioned.

The section provides for the establishment of Shariah courts of appeal “in any state that requires it”.

The council further argued that some northern states have customary courts, and insisted that Muslims in the south-west should be granted the same rights.

“The Independent Arbitration Panel, which is a voluntary platform designed solely for the resolution of civil and marital disputes among consenting Muslims, was to fill the inexplicable vacuum created by the failure of the political elite in South-Western Nigeria to establish Shariah Courts, as allowed by the Nigerian Constitution, in South-Western states, despite the huge population of Muslims in the region,” the statement reads

“This and other cases, such as the denial of the rights of female students to wear the Hijab despite a Supreme Court judgement, are nothing but calculated attempts to prevent Muslims in the region from practicing their faith.

“Meanwhile, Arbitration and the Shariah Court of Appeal, just like the Customary Court of Appeal (which all of them have) are provided for in the 1999 Constitution (as amended) of the Federal Republic of Nigeria (see section 275), confirming the legality of both initiatives.

“The NSCIA strongly supports the establishment of Independent Shariah Arbitration Panel in Ekiti and Oyo States for the purpose so intended, especially where the Muslims in the states have been denied their constitutional right to a Shariah Court of Appeal in all the states of the South-Western Nigeria. The Council cannot find any legal justification for the unnecessary alarm and unwarranted resistance. All the states in the North have Shariah Courts and some, in addition, have Customary Courts.”

The council called on the governors and traditional rulers to ensure the constitutional rights of Muslims in the south-west are protected.