A Khadi of the Kwara State Sharia Court of Appeal, Ilorin, Justice Abdur-Raheem Sayi, has described the absence of Sharia Courts in the South West subregion of Nigeria as an anomaly, despite the significant Muslim population.
Speaking at the pre-Ramadan lecture of the University of Lagos Muslim Alumni (UMA), he said denying Muslims access to Sharia Courts for resolving issues such as marriage, divorce and inheritance violates their fundamental human rights as guaranteed by the Nigerian Constitution.
According to him, women are the most affected, as many Muslim marriages in the South West suffer breakdowns that could have been prevented if Sharia Courts were in place.
Justice Sayi said it is unacceptable for the South West judicial system to overlook the legal needs of a substantial Muslim population.
He said many Muslims suffer in silence because the law does not recognise or regulate their family matters.
“If we acknowledge the presence of Muslims in this subregion, then there must be appropriate legal frameworks to govern their affairs. In Lagos State, for instance, a Muslim seeking marriage dissolution has no legally recognised court to turn to,” he said.
Justice Sayi revealed that the Lagos High Court has, on several occasions, referred cases of Muslim marriages and divorce to the Independent Sharia Panel, an informal body established by Muslims in the state.
He explained that customary courts cannot effectively handle Islamic marriage and inheritance cases, as their rulings do not align with Islamic legal principles.
He cited instances where courts in Lagos, Ogun, Ekiti and Ondo states declined jurisdiction over cases involving Islamic marriages, child custody and inheritance, leaving many unresolved disputes.
Justice Sayi reiterated that women bear the brunt of this legal gap, as many men abandon their wives and children without consequences. He urged government officials, particularly female leaders, to address this injustice.