A SHARI’A ARBITRATION PANEL IS NOT HARMFUL TO ANYONE by Abdul-Ganiyy Raji
Creator: May Lim | Credit: Getty Images/iStockphoto
A Shari’a arbitration panel is just a forum where Muslim clerics versed in Islamic Jurisprudence resolve civil and marital issues. People who have disputes relating to business, marriage, etc, come to consult their religious leaders for amicable solutions.
A Shari’a arbitration panel does not harm anyone. It does not oppress non-Muslims. It does not cause division in the land. Its patronage is voluntary. It is just a formalization of an age-old Muslim practice. Muslims have always sought consultations with their Imams and clerics in arbitrating disputes between them and their spouses, neighbours or business partners. A Shari’a arbitration panel is only a streamlining, codifying and professionalising of this tradition. Christians and other non-Muslims do not have to bring their disputes before a Shari’a arbitration panel. The panel is for Muslims who wish to bring their matters before the panel. They are under no duress to do so.
A Shari’a arbitration panel does not prevent Muslims from taking their cases to the conventional courts. It does not displace the conventional courts. It is only a forum for resolving petty marital and civil matters. This will even allow the conventional courts to concentrate on weighty criminal cases and give them expeditious attention.
A Shari’a panel is not a forum for breeding terrorists or promoting interfaith division. It is not a meeting for planning attacks on Christians or anyone in Nigeria. It is not a usurpation of the roles of traditional leaders.
Islam is a complete way of life for Muslims. It is not a religion that only deals with worship or that is restricted to the four walls of the mosque. It has sufficient provisions for all aspects of life, including marriage, business transactions, conflict resolution, education, economy, justice administration, divorce, inheritance, legislation, interfaith relationships, international relations, parenting, child upbringing, politics, etc.
Islam is an all-encompassing religion. It is a total package for mankind. Its teachings are enshrined in what is known as Shari’a.
Shari’a is based on justice, fairness, equity, tolerance, mercy, compassion, and peace. It is often seen by some people wrongly as a punitive measure introduced by Islam for amputation of hands, stoning to death, promotion of terrorism, killing non-Muslims, etc. This is an erroneous characterisation of Shari’a and a complete misconception of what it stands for. Shari’a is tolerance, justice, and mercy. It is never meant to be a punitive system.
It is a fact that Nigeria is not a Sharī’ah-compliant nation. Yes, Shari’a is not being implemented here on a national level. Notwithstanding this, there should be nothing stopping individual Muslims or a group of Muslims from choosing to adhere to the teachings of their religion in their communities or mosques. Establishing a Shari’a arbitration panel is not a violation of the constitution of the Federal Republic of Nigeria. It is indeed a constitutional practice. Freedom of religion is entrenched in our constitution.
The establishment of a Shari’a arbitration panel is simply an attempt by Muslims to live their lives in accordance with the fundamental teachings of their religion. They simply want to be Muslims. They simply want to obey their Lord. These people are not asking non-Muslims to bring their cases before their panel. They are not forcing any Muslim to come to them. They are just a panel to which Muslims come voluntarily for the resolution of their disputes. What is harmful in this?
Let me give samples of the kinds of matters that can be presented before a Shari’a arbitration panel. Child custody, sibling disputes, business disputes, disputes over inheritance, screening of candidates for Imamship positions, disputes over Imamship positions, land disputes between Muslims, child abandonment, wife battery, a wife who wants to seek release from an abusive husband, polygyny matters, divorce, disputes between two wives, disputes between Muslim neighbours, loan matters, etc. These are some of the issues that a Shari’a arbitration panel can look into.
A Shari’a arbitration panel is not an anti-government sitting. It does not take away the roles of our political or traditional leaders. It is just a religious sitting where Islam is interpreted to people by learned clerics.
The Nigerian media has, in recent times, been abuzz with reports about the purported disbandment or rejection of Shari’a arbitration panels in Oyo, Ekiti, and Ogun States. I think any rejection of a Shari’a arbitration panel in any state of the Federation amounts to religious intolerance. It amounts to denying Muslims their fundamental right to freedom of religion. Political and traditional leaders who are rejecting Shari’a arbitration panels should simply seek to know what the objectives of these panels are. They should seek clarification from Muslim leaders on ambiguous aspects of the activities of the panels. This is better than killing a small ant with a sledgehammer. A Shari’a arbitration panel does not harm anymore. It does not promote hatred. It is not a court. It does not usurp the roles of the conventional courts. It does not take away the roles of political or traditional leaders. It is only a forum where Muslims learn what their religion says on important matters of life.
Abdul-Ganiyy Raji
