Sultan: Muslims Have Constitutional Rights to Shari’a Adjudication

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.

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Under the direction of Alhaji Muhammad Sa’ad Abubakar, the Sultan of Sokoto, the Jama’atu Nasril Islam (JNI) has demanded that Muslims’ constitutional rights to Shari’a adjudication be upheld in Nigeria.

In a statement released on Sunday, JNI Secretary-General Prof. Khalid Abubakar Aliyu claimed that the request for Shari’a adjudication in civil cases was a plea for constitutional justice rather than conflict.

JNI was responding to the recent controversy surrounding the creation of Shari’a arbitration panels in a few South-West Nigerian states.

Part of the statement read-“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 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.

“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

Meanwhile, the Yoruba nations home and abroad has declared that no sharia law in Yoruba land.

“We say no to Sharia law or courts in Yorubaland. This Sharia law scheme is hypocritical. We don’t need it in Yorubaland. We, the Yoruba, reject anything that would affect our culture, tradition, and lifestyle,” they stated.

Dapo Abiodun, the Ogun State Governor stated, “No Sharia Court is authorized to operate within Ogun State. The courts that are legally empowered to adjudicate disputes arising within Ogun State are those established by the Constitution of the Federal Republic of Nigeria or by state laws, which are: Magistrates’ Courts, High Court, Customary Courts, Customary Court of Appeal, Federal High Court, National Industrial Court, Court of Appeal, and Supreme Court.”

Ekiti State Attorney-General and Commissioner for Justice, Mr. Dayo Apata (SAN), denied the existence of sharia court. He emphasized that customary courts and the Customary Court of Appeal can effectively handle any customary issues arising from Yoruba traditional marriages, Islamic marriages, and Christian marriages, particularly those that were not supported by the Statutory Marriages, which can only be dissolved by the States High Courts throughout Nigeria.

Elders in Yoruba are extremely alarmed about the disturbance of peace in Yorubaland following the news of the opening of a Sharia court in Oyo town. Yoruba elders speaking on behalf of the “Yoruba Regional Alliance (YRA)” strongly denounced the action, calling it a direct danger to the peace and cultural cohesion of the southwest.

Gani Adams, the Aare Ona Kakanfo of Yorubaland said, “Sharia law is alien to our culture and religious beliefs in Yorubaland, therefore those religious fanatics masquerading as Muslims should stay away from acts that could set Yorubaland on fire.”

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