Notable muslim clerics in the South West Nigeria have clarified that there is no constituted Sharia courts in the region but rather independent arbitration panels.

The clerics further hinted that the panels have been operating for decades without any controversy.

This is coming on the wake of opposition to Sharia panels in the South West by state governments, traditional leaders and other religious organization apart from Islam.

Speaking on the matter, Emeritus Professor of Islamic Studies and Chief Imam of Egba Gbagura in Abeokuta, the Ogun State capital, Prof Kamaldeen Balogun, affirmed that there is no constituted shari’a court in Ogun State and any part of the South-West.

Balogun said that what is only common across the southwest are committees set up by the Muslims to adjudicate personal affairs that may arise among the Muslims like issues of marriage and divorce, among others.

The Muslim scholar said, “We don’t have constituted shari’a court in any part of the South-West as we have say in Kwara and others.

“What we have are committees or panels set up among the Muslims to address personal issues according to the dictate of our religion but I don’t know why people are now talking about having shari’a court, there is nothing like that.”

Also speaking, the National Missioner and Chief Imam of the Ansar-Ud-Deen Society of Nigeria, Sheik Abdulrahman Ahmad, acknowledged that a shari’a panel had been operating in Lagos for 20 years.

“We have had shari’a panel in Lagos for almost 20 years now. There is no controversy about it. It’s not anything new in Lagos and it has been operating without any itch or controversy whatsoever. That’s why I said people should not bring any sentiment into it,” he said.

“What we must know is that there is a provision in the Nigerian Constitution for Muslims to have shari’a court if they want.

“It is a constitutional matter and the shari’a court as presently constituted applies to what they call Muslim Personal Law, marriage, divorce, inheritance, custody of children and so on. This is what the shari’a court is about,” he said further.

The President, Supreme Council for Islamic Affairs in Ekiti State, Dr Hammed Bakare and the Chairman of the Shari’a Committee of Oyoland, Dr Rafiu Bello, said that the shari’a panel would be inaugurated despite the opposition to it.

Bakare said the panel inaugurated by Muslims in Ekiti State ‘’will not be disbanded nor dissolved as being canvassed in some quarters.’’

Bakare, who said that the arbitration was not a court, but part of the dictates of the Islamic religion for the promotion of peace, added that the constitution guaranteed the right of worship.

The Islamic cleric queried, “Why should the panel be disbanded? For what? Can you ask somebody to dissolve his marriage or not to worship God the way he likes? It is not lawful for anybody to give such a command.’’

He added, “The panel is an arbitration that we established for ourselves, Muslims, and not even compulsory for all Muslims, only Muslims that are willing to abide by the dictates of Allah as written in the Quran.

“That panel is for us, not a court or anything like that. It is an arbitration panel that every organization can establish within themselves.”

Bakare, who said that the panel existed in some Southwest states, including Lagos and Oyo States, affirmed, “It is not a new thing. We have examples even in churches where they arbitrate among themselves without resorting to established courts.

“It is just to settle matters within us and the constitution of Nigeria gives us a guarantee of worship. It is part of worship in Islam to make sure that there is peace in your domain, organisation, society.

“There is nothing anybody can fear from the arbitration panel, we are not forcing anybody. It is for only Muslims who are willing to go to that panel, if you are not willing to go as a Muslim, nobody is going to coerce you to go.

‘’That is what we are doing. The constitution of Nigeria guarantees freedom of worship and practice. That is all we are doing.’’

Speaking in the same vein, the Chairman of the Shari’a Committee of Oyoland, Bello insisted that the inauguration of the panel in Oyo State would proceed as planned.

Bello explained that a new date for the panel inauguration would be announced in due course.

He said similar panels already existed in other parts of Oyo State, including Saki, Kishi, and Ogbomoso, and that the controversy surrounding the Oyo town panel stemmed from ‘’the initial mislabelling of the panel as a shari’a court.

“A new date for the inauguration has not been announced yet. The inauguration of the shari’a panel in Oyo town cannot be stopped.

“It was only postponed, and we will announce the specific date for it in due time, Insha Allah. It is our right, and there is no going back on setting up the panel. It poses no threat or harm to this society,” he declared.

Bello also dismissed concerns raised by some traditional rulers, emphasising that the constitution provides for such panels.

Across the South-West, Bello said the panels had before now existed in Lagos, parts of Oyo and Ekiti while the zonal headquarters for the Supreme Council for Shari’a in Nigeria was in Osogbo, the Osun State capital.

“We are not concerned about the pronouncements of certain traditional rulers. The Constitution allows for this, and we have the Supreme Council for Shari’a in Nigeria supporting us,” he added.

Furthermore, Bello explained that the panel was designed for willing Muslims to resolve issues such as inheritance disputes, marital conflicts, and disagreements among friends.

According to him, Muslim scholars will act as arbitrators, providing guidance based on the Quran without imposing penalties, unlike formal courts.

“This panel is meant solely for willing Muslims. Those alleging that it is part of a Fulani or Hausa agenda are ignorant. It will handle disputes between couples, friends, and others in line with Islamic principles.

‘’Panels like this already exist in Osogbo, Kishi, Saki, Ogbomoso, and Ibadan, so why is there an issue with Oyo town,?” he explained.

When asked under what legal framework the panel operates, Bello reiterated that it functions as an independent arbitration body, which does not require approval from the State House of Assembly.

“The Nigerian Constitution has provisions for it. The only mistake was in calling it a shari’a court instead of a sharia arbitration panel. This is purely for settling disputes among willing Muslims. Those behind the uproar are religious bigots,” Bello alleged.

Osun State Coordinator, SCN, Mallam AbulGaniy Ezra, said Governor Ademola Adeleke would be persuaded to allow the shari’a panel in the state transmute to a full-fledged court.

Ezra disclosed that the panel was inaugurated in the state in 2005.

According to him, the panel had resolved several civil matters, noting that the 1999 Constitution provided for the establishment of shari’a courts in the country.

He also said those opposed to the court’s establishment in South- West were not Christians, but those ignorant about the operation of the shari’a system of arbitration.

“Let me clarify that what people are referring to as the shari’a court is actually the shari’a arbitration panel and it has been held for about 20 years now in Osun.

“It holds regular sittings. They hold their arbitration every last Wednesday or Thursday of the month. The panel has been sitting at the Muslim Community Secretariat in Osogbo for close to 20 years now.

“The inauguration was done at Oja-Oba Central Mosque, Osogbo in 2005 and since then, sharia arbitration has been going on.

“We don’t want to stop at that, what we intend to do is persuade the Osun State governor, even though is our right but we don’t take it like that, we see it as something that can be agreed on mutually.

“We have common law courts here which are adjudicating on every issue that concerns citizens and non-citizens living in this country. Also, we have the customary court which is a provision of the Constitution, same as the shari’a court.

“So, I don’t know why people are making noise about the creation of the shari’a court in the South-West. Section 278 of the constitution said ‘there should be a shari’a court’ but anytime our people heard anything about shari’a court, they thought maybe some people wanted to start war. No, it is not like that. It is about giving the right of Muslims to Muslims,’’ he pointed out.

The Amir of the Muslim Students Society of Nigeria and one of the proponents of the panel, Amir Sirajudeen Abdulazeez said there was nothing wrong with establishing a shari’a court in Ondo State, explaining that it was part of Muslim rights.

He also expressed optimism that the planned creation of the panel would take place in the state sooner or later.

“For you to say that Muslims do not have the right to adjudicate their lives based on their beliefs is nothing but an affront to their constitutionally given rights. It is nothing but subjugation, exploitation, and oppression.

“If Muslims are a minority in Ondo State, can’t we talk? If it is in our constitution, can’t we demand it? If civil law has its roots in the Bible, customary law has its roots in idolatry – why can’t Muslims speak?

“Whether shari’a court will happen in those states, it’s a matter of time. Muslims are agitating for it, demanding it. When the time comes, the government will listen to us. And when the time comes, the government feels like establishing it, they will establish it,” he declared.