Muslims Have Constitutional Rights To Shari’a Adjudication In Nigeria — Sultan

The Jama’atu Nasril Islam (JNI) under the leadership of the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar, has called for the protection of Muslims’ constitutional rights to Shari’a adjudication in Nigeria.

JNI Secretary-General, Prof. Khalid Abubakar Aliyu, in a statement on Sunday, asserted that the demand for Shari’a adjudication in civil matters was not a call for conflict, but a demand for constitutional justice.

JNI was reacting to the recent uproar over the establishment of Shari’a arbitration panels in some States in South-West Nigeria.

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The statement said the undue resistance, inflammatory rhetoric, and outright distortion of facts by certain groups opposing Shari’a arbitration panels in the South-West were “deeply concerning and least expected from a people that claim to be tolerant.”

JNI reiterated its commitment to working with stakeholders, including state governments, religious leaders, and traditional institutions to ensure that the rights of Nigerian Muslims were upheld and respected.

The statement read in parts, “The Right to Shari’a Adjudication is Constitutional: We wish to categorically state that the right of Muslims to seek adjudication of personal and civil matters under Islamic law is not a privilege, but a constitutional right. The 1999 Constitution of Nigeria (as amended) guarantees the religious freedoms of all citizens, including Muslims.Specifically, Sections 38 and 275-279 provides for the establishment and operation of Shari’a courts for civil matters where applicable.

“These 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 life. It is, therefore, mischievous and deceptive to suggest that these panels aim to “impose” Shari’a on non-Muslims”

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

“The selective opposition to Shari’a courts in some parts of Nigeria is a dangerous precedent that could further alienate the Muslim community and breed unnecessary acrimony, which government at all levels should avoid. The guaranteed protection of Muslims’ rights to religious adjudication as enshrined in the Constitution should be allowed within the ambit of law and order. We therefore urge State governments in the South-west to respect the freedom of religion by allowing willing Muslims to have access to Shari’a panels for civil matters,” the statement noted.