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Home » News » Sultan of Sokoto’s JNI Asserts Constitutional Backing for Sharia Courts in Southwest Nigeria

Sultan of Sokoto’s JNI Asserts Constitutional Backing for Sharia Courts in Southwest Nigeria

February 4, 2025
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By Chidipeters Okorie


Abuja, NIGERIA — The Jama’atu Nasril Islam (JNI), under the leadership of the Sultan of Sokoto, Muhammad Sa’ad Abubakar, has reaffirmed that the establishment of Sharia panels in the southwestern region of Nigeria is constitutionally valid. This statement comes as the debate around the creation of such panels intensifies, with opposition from several quarters citing concerns over their potential implications on Nigeria’s pluralistic society, especially in regions where both Islam and Christianity are practiced.

In a detailed press release issued in Kaduna State, Professor Khalid Abubakar Aliyu, the Secretary-General of JNI, emphasized that Section 275 of Nigeria’s 1999 Constitution explicitly grants states the authority to establish Sharia courts. He argued that, by extension, this legal provision supports the formation of Sharia panels as a mechanism to resolve civil disputes among Muslims in the Southwest.

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Professor Khalid pointed out that certain sections of the Constitution, namely Sections 38 and 275-279, protect the religious freedoms of all citizens, including Muslims. These provisions, he argued, not only provide for the establishment and operation of Sharia courts but also create the legal framework within which Sharia law can be applied in civil matters, where it is relevant. According to JNI, this firmly establishes the legitimacy of Sharia panels in the Southwest, allowing Muslims to resolve personal matters in accordance with Islamic law.

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The statement comes at a time when there has been increasing resistance from various groups who argue that the creation of Sharia panels could potentially infringe on the rights of non-Muslims in the region. Some critics have expressed fears that the implementation of Sharia panels could lead to religious discrimination and undermine the country’s secular principles. However, JNI strongly rejected these claims, condemning what it referred to as “inflammatory rhetoric” and “distortion of facts” by those opposing the panels.

“The Sharia arbitration panels do not, and will not, impose Sharia law on non-Muslims,” said Professor Khalid in his statement. “These panels are strictly voluntary and offer Muslims an alternative, non-coercive means of resolving personal disputes such as marriage, inheritance, and family matters, according to Islamic law. It is essential to understand that these panels would only handle civil cases where both parties involved consent to the use of Islamic law.”

The argument put forward by JNI is clear: Sharia panels are not intended to interfere with the rights of non-Muslims, but rather provide a legal alternative for Muslims to settle disputes in accordance with their faith. Professor Khalid emphasized that this model of voluntary dispute resolution is common in multicultural societies around the world, where different communities resolve issues based on their cultural or religious norms, while respecting the broader legal system.

One of the key points highlighted in the statement is the historical context of Sharia law in the Southwest. Professor Khalid reminded critics that the practice of Islamic dispute resolution predates colonial rule in the region. Yoruba Muslims have historically relied on Islamic mechanisms to settle civil disputes, a practice that was recognized by British colonial authorities through Native Courts. Even under colonial rule, Sharia-based adjudication in predominantly Muslim communities was allowed, providing further evidence that such legal mechanisms are deeply rooted in the region’s history and are not a foreign concept.

The JNI also addressed the broader implications of establishing Sharia panels in the Southwest, where both Christianity and Islam are practiced. While some have voiced concerns about potential tensions between religious groups, the JNI sought to assure the public that these panels would only apply to Muslims and would not interfere with the rights of Christians or other religious groups. Professor Khalid stressed that non-Muslims would not be obligated to engage with the panels or be subject to Sharia rulings, reinforcing the voluntary nature of the proposed system.

In a society as diverse as Nigeria, where both Islam and Christianity are practiced, the coexistence of these two major religions raises questions about religious harmony and legal pluralism. JNI argues that the establishment of Sharia panels should not be viewed as a threat to Christian communities but rather as an example of Nigeria’s commitment to respecting the religious freedom of all its citizens. “We must all be reminded that the Constitution guarantees the freedom of religion,” said Professor Khalid. “This includes the right of Muslims to resolve their personal matters according to their religious beliefs, just as Christians and others are free to follow their own beliefs and legal systems.”

Sultan Muhammad Sa’ad Abubakar also echoed these sentiments, emphasizing that the proposed panels would not undermine Nigeria’s secular framework but rather align with the constitutional rights afforded to religious minorities. He condemned those using misinformation to incite fear about Sharia law and urged Nigerians to embrace religious tolerance, pointing out that Nigeria’s diversity should be celebrated, not feared.

In conclusion, the JNI’s stance on Sharia courts is not only rooted in constitutional legality but also in a historical and cultural context. The group maintains that these panels will provide a peaceful, voluntary, and constitutionally protected means for Muslims to resolve personal disputes, without infringing upon the rights of non-Muslims. As the debate continues, JNI calls for unity, tolerance, and a deeper understanding of Nigeria’s pluralistic society, where diverse religious and legal systems can coexist harmoniously.

Tags: JNINigeriaShariaSultan of Sokoto
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