*Law Limits Islamic Courts To Civil Cases

The Nigerian media space has been abuzz with heated discussions, dissections, and disagreements over the proposed establishment of Sharia arbitration panels in south-west states. The controversy, which began in December 2024, has sparked debates about religious rights, constitutional provisions, and the role of Sharia law in Nigeria’s diverse legal system.

The controversy erupted when the Oyo State chapter of the Supreme Council for Shariah in Nigeria (SCSN) announced plans to establish a Sharia court in the state. The event, initially scheduled for January 11, 2025, at the Muslim Community Islamic Centre in Ibadan, was met with widespread reservations and backlash.

Following the public outcry, the council suspended the event indefinitely, clarifying that its intention was not to establish a Sharia court but to create independent arbitration panels to resolve family disputes among Muslims. However, the issue gained further traction when a similar panel held its first sitting in Ekiti State, prompting the state government to issue a statement clarifying that its judicial structure does not accommodate Sharia courts or panels.

Nigeria’s legal system is a unique blend of common law, customary law, and Sharia (Islamic) law, reflecting the country’s ethnic and religious diversity. The 1999 Constitution, as amended, provides a framework for the establishment and practice of Sharia and customary laws, particularly in civil matters.

Sections 275 and 277 of the Constitution explicitly allow states to establish Sharia Courts of Appeal to adjudicate matters related to Islamic personal law. These courts are empowered to handle issues such as marriage, inheritance, guardianship, and family disputes, provided all parties involved are Muslims.

However, the Constitution does not mandate the establishment of Sharia courts; it leaves the decision to individual states based on the needs of their Muslim populations. Currently, 13 northern states—including Kano, Sokoto, and Kaduna—have operational Sharia Courts of Appeal. The Federal Capital Territory (FCT) also has both Sharia and Customary Courts of Appeal, serving as models for states that may wish to establish similar structures.

Sharia courts are constitutionally limited to civil matters involving Islamic personal law. They do not have jurisdiction over criminal cases unless explicitly provided for by state legislation, as seen in some northern states where Sharia law has been expanded to cover offences like theft and blasphemy.

Section 277 of the Constitution outlines the specific areas where Sharia courts can exercise jurisdiction, including:

  • Marriage and divorce under Islamic law.
  • Inheritance and succession involving Muslims.
  • Guardianship of Muslim infants or persons of unsound mind.
  • Wakf (Islamic endowments) and gifts.

It is important to note that Sharia courts can only be established by state governments, not by individuals or private groups.

The proposed Sharia arbitration panels in the south-west have reignited debates about religious rights, legal uniformity, and constitutional provisions. While northern states have widely embraced Sharia law, many southern states, particularly in the south-west, have been reluctant to establish Sharia Courts of Appeal.

The Nigerian Supreme Council for Islamic Affairs (NSCIA), led by the Sultan of Sokoto, Sa’ad Abubakar, has argued that the arbitration panels are necessary to fill the vacuum left by the absence of Sharia Courts of Appeal in states where they have not been established. The NSCIA alleges that the rejection of these panels reflects a broader pattern of discrimination against Muslims in the region.

On the other hand, state governments like Ogun and Ekiti have firmly rejected the establishment of Sharia courts or arbitration panels. In a statement, Ogun State Governor Dapo Abiodun clarified that Sharia law does not form part of the state’s legal framework. He emphasized that only courts established by the Constitution or state laws—such as Magistrates’ Courts, High Courts, and Customary Courts—are authorized to operate in the state.

The controversy highlights the ongoing struggle to balance religious freedom with legal uniformity in Nigeria’s pluralistic society. While the Constitution upholds Sharia and customary laws as integral components of the legal system, their practical implementation remains subject to political, religious, and cultural considerations.

Critics argue that the establishment of Sharia arbitration panels in the south-west could lead to legal fragmentation and undermine the secular nature of the Nigerian state. Proponents, however, view it as a necessary step to protect the rights of Muslims to resolve disputes in accordance with their religious beliefs.

As the debate continues, it is clear that the issue of Sharia arbitration panels in the south-west is far from resolved. The Nigerian Constitution provides a framework for the coexistence of multiple legal systems, but the practical implementation of these provisions remains a contentious and complex issue.

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