Muslims in S/West have right to set up Sharia panels – JNI

The Jama’atu Nasril Islam (JNI) said Muslims seeking adjudication of personal and civil matters under Islamic law is not a privilege, but a constitutional right. The JNI was responding to the recent uproar over the establishment of Shari’a panels in some parts of south-west Nigeria. The JNI Secretary General, Professor Khalid Abubakar Aliyu, in a […]

The Jama’atu Nasril Islam (JNI) said Muslims seeking adjudication of personal and civil matters under Islamic law is not a privilege, but a constitutional right.

The JNI was responding to the recent uproar over the establishment of Shari’a panels in some parts of south-west Nigeria.

The JNI Secretary General, Professor Khalid Abubakar Aliyu, in a statement yesterday in Kaduna said, “The undue resistance, inflammatory rhetoric, and outright distortion of facts by certain groups opposing these panels are deeply concerning and least expected from a people that claim to be tolerant.”

He noted that the right to Shari’a adjudication is constitutional, and that, “The 1999 Constitution of Nigeria (as amended) guarantees the religious freedoms of all citizens, including Muslims. Specifically, sections 38 and 275-279 provide for the establishment and operation of Shari’a courts for civil matters where applicable.”

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He said the Sharia arbitration panels “do not infringe on the rights of non-Muslims but merely offer a voluntary alternative dispute resolution mechanism for Muslims who choose to settle personal matters such as marriage, inheritance, and family disputes according to Islamic law.

“For the discerning mind, Islam has very interesting and enriching inheritance codes that have remained inalienable to Muslims’ lives. It is, therefore, mischievous and deceptive to suggest that these panels aim to ‘impose’ Shari’a on non-Muslims.

“The panels are strictly for Muslims, adjudicating only cases where both parties consent, a practice that exists in various pluralistic societies worldwide.”

He recalled that Shari’a adjudication is not new to the South West, adding, “Historically, Yoruba Muslims have settled civil disputes through customary Islamic mechanisms, predating colonial rule, and even under British rule, Native Courts recognised Shari’a-based adjudication in predominantly Muslim communities.”

He called on those leading the campaign of misinformation to stop the misrepresentation, unwarranted hostility and distortion of empirical facts by instilling fear in the populace against Shari’a panels to desist from their divisive agenda.

Sharia panels not same as courts, lack enforcement power – MUSWEN

The Muslim Ummah of Southwest Nigeria (MUSWEN) yesterday intervened in the controversy over Sharia panels in the region, expressing worry over what it called “unnecessary noise; misinformation and unfounded allegations” over the panel.

It also cautioned against the attack on the Sultan of Sokoto/President-General of the Nigeria Supreme Council for Islamic Affairs (NSCIA), Alhaji Muhammad Sa’ad Abubakar over the issue.

MUSWEN President, Alhaji Rasaki Oladejo, in a statement on Sunday, reiterated that the “panel is a committee of Islamic scholars set up by Muslims to settle marriage and inheritance disputes.”

It disclosed that such Shari’ah arbitration panels have existed in some southwest states without creating issues.

“These Panels do not have any power of enforcement. They are only meant for Muslims who would prefer their family matters be resolved according to the dictates of Islam. The Panel in Oyo State has flourished for over 20 years.

“The panels also exist in Osun and Lagos states. We must stress that the existence of these panels has helped the government in reducing marriage breakdowns, which might have bloated the army of vulnerable children.

“MUSWEN did not find any legal justification, therefore, for the unnecessary alarm and unwarranted resistance with the establishment of Shari’ah Panel in Ekiti State.

“They are voluntary platforms designed solely for the resolution of civil disputes among consenting Muslims. As said, it was to fill the inexplicable vacuum created by the failure of the political elite in Southwest to establish Sharia Courts, as allowed by the Nigerian Constitution, despite the huge population of Muslims in the region.

“The 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,” Oladejo added.

MUSWEN President said the organisation representing the Muslims in the south-west is perturbed that some high personalities in the region including traditional rulers and senior state government law officials were at the forefront of misleading the public on the issue of the Independent Shariah Arbitration Panel.

He said “We expect that with the intervention of the number one Muslim body in the country, the Nigerian Supreme Council for Islamic Affairs (NSCIA) on the matter, it ought to have been laid to rest.

“Unfortunately, rather than heed the caution of the NSCIA, some people went to abuse the head of the Muslims in the country.

“These actions of abusing people in leadership positions based on erroneous perception are distasteful and uncivilised.

“We expect those in high authority who are against the establishment of the Sharia Panel to seek proper understanding of the matter to avoid lending their voices ignorantly.”