A former Grand Khadi of the Kwara State Shari’a Court of Appeal, Hon. Justice Solihu Olohuntoyin Muhammad (rtd.), has called on the Federal Government to amend the 1999 Constitution to expand the jurisdiction of Shari’a Courts of Appeal beyond Islamic personal law matters.
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Justice Muhammad made the call in Ilorin, the Kwara State capital, while speaking with journalists on the limitations facing Shari’a Courts of Appeal in Nigeria.
The retired jurist said the current constitutional framework restricts Shari’a Courts of Appeal to appeals involving Islamic personal law, including marriage, divorce, inheritance and guardianship.
According to him, the limitation has denied many Muslim litigants access to justice under Islamic jurisprudence in broader civil disputes.
He argued that Shari’a Courts of Appeal should be constitutionally empowered to hear and determine wider civil matters involving Muslims, especially where the parties voluntarily submit themselves to the jurisdiction of the court.
“We are asking the government to amend the Constitution to allow us to hear more civil matters involving Muslims. Our jurisdiction has never been expanded, and that remains our greatest challenge,” he said.
Justice Muhammad noted that while courts operating under the common law system exercise broad jurisdiction over civil disputes, Shari’a Courts of Appeal remain restricted, despite being courts of record established by the Constitution.
He maintained that expanding the jurisdiction of Shari’a Courts of Appeal would strengthen access to justice for Muslims who prefer their civil disputes to be resolved in accordance with Islamic law.
The former Grand Khadi said the constitutional amendment would help address what he described as a major challenge in the administration of Islamic justice in Nigeria.
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