Shari’ah application not for non-Muslims, Southwest Muslim scholars clarify
Leading Muslim clerics and scholars from the Southwest region, have emphasized that Shari’ah principles are not intended for non-Muslims.
They made the statement during a press conference held on Tuesday in Ibadan, Oyo State, organized by the Concerned Yoruba Muslim Scholars in Nigeria and the Supreme Council for Shari’ah in Nigeria.
While speaking, President of the Supreme Council for Shari’ah in Nigeria, Sheikh AbdurRasheed Hadiyatullahi, along with Sheikh Abdurrasheed Mayaleeke, Chairman of the Concerned Yoruba Muslim Scholars, stated that Shari’ah is not binding on non-Muslims, adding that the establishment of Shari’ah courts is exclusively for Muslims and those parties who voluntarily wish to resolve disputes according to Shari’ah principles.
The clerics reassured non-Muslims that they need not fear any imposition of Shari’ah, reiterating that the establishment of Shari’ah courts should not be perceived as an infringement on the rights of non-Muslims or an attempt to Islamize Nigeria.
They pointed out that after efforts to establish Shari’ah Courts of Appeal in Southwestern states were unsuccessful, Muslim communities opted to create Alternative Dispute Resolution (ADR) platforms called “Independent Shari’ah Panels.”
The initiative, they said, was aimed to adjudicate Muslim disputes in accordance with Shari’ah and address gaps in the judicial system of their states.
The clerics further explained that the Shari’ah arbitration exercised by the Independent Shari’ah Panels in Yorubaland is recognized as a legitimate form of ADR in Nigeria.
They cited the Supreme Court’s ruling in Agu v. Ikewibe, which upheld the validity of such informal arbitration, along with Section 277 of the Nigerian Constitution, which acknowledged Shari’ah as a source of law.
The scholars emphasized that the formation of these panels was necessary due to the lack of competent courts to handle Islamic personal law disputes, as neither the High Court nor the Customary Court has jurisdiction over such matters, as established in previous Supreme Court decisions in Alkamawa v. Bello and Usman v. Umaru.
Attendees at the press conference included notable figures such as Professor Daud Noibi, former Executive Secretary of the Muslim Ummah of Southwest Nigeria (MUSWEN); Professor Ishaq Akintola, Executive Director of the Muslim Rights Concern (MURIC); and Professor Abideen Olaiya, General Secretary of the Concerned Yoruba Muslim Scholars.