SHARIAH PANEL: YORUBA MUSLIMS NOT AFRAID OF LEGAL ACTION – MURIC TELLS YORUBA GROUP
Yoruba Council Worldwide (Igbimo Apapo Yoruba Lagbaye), a Yoruba organization, has vowed to sue Muslims who intend to establish a Shari’ah panel in Oyo town, Oyo State, if they carry out their plan. According to the Yoruba group, however, the Muslim Rights Concern (MURIC) has stated that Yoruba Muslims do not fear legal action.
The implication of a court’s inauguration was rectified by the Islamic human rights group. The concept, it said, was not a Shari’ah court but rather a Shari’ah panel, which has been in place in Yorubaland since 2003. For this reason, it said that the Yoruba group was exaggerating the situation.
MURIC’s declaration came in a press release issued on Tuesday 7th January, 2025. It was signed by its Executive Director, Professor Ishaq Akintola.
“A Yoruba group under the name Yoruba Council Worldwide (Igbimo Apapo Yoruba Lagbaye) has threatened to take legal action against Muslims planning to launch Shari’ah ‘court’ in Oyo town, Oyo State if they go ahead with the plan.
“But this is a deliberate attempt to create tension because, in reality, nobody is planning to inaugurate a Shari’ah court. What is being planned in Oyo town is a Shari’ah panel. It is only the state or Federal Government that has the constitutional power to create a court.
“On the contrary, any group of people can set up a panel. A panel is just a committee. A group can set up a committee or panel and an organization can do same. The Yoruba group is just crying wolf where there is none because we explained all these in our statement of Thursday, 26th December, 2024 (https://independent.ng/shariah-makinde-needs-briefing-muric/).
“We want to correct the impression that Oyo Muslims plan to inaugurate a Shari’ah court. What Oyo Muslims are planning is not a Shari’ah ‘court’ but a Shari’ah panel. This is something that has been in existence in Yorubaland since 2003 to date. It therefore accused the Yoruba group of making a mountain out of a molehill.
“How sensible is it for anyone to say Muslims should not form a committee? How logical is it to say Muslims should not hold meetings inside their mosques and halls? This Yoruba group is not well informed, otherwise it should have known that what it is trying to stop already exists in all the states of the South-West.
“Already, there are Shari’ah panels sitting at the Central Mosque, Oja Oba, Ibadan, Oyo State (since 1st May, 2002); Abesan Central Mosque, Ipaja, Lagos State (since 2003); Egba Muslims Central Mosque, Kobiti, Abeokuta, Ogun State (since 17th January 2018); Osun State Muslim Community Secretariat, Ring Road, Oshogbo (since 2005).
“Going by the venues mentioned here it is clear that the Shari’ah panels are not using government’s buildings or courts. They use mosques because the Shari’ah panels are private arbitration panels. But they already exist. So this Yoruba group is trying to shut the stable door after the horse has escaped.
“Only those who want to make caricatures of themselves will think of stopping the Shari’ah panels. They are not disturbing anybody. They have never and will never invite Christians to appear before them.
“Even the Muslims who appear before them do so voluntarily because the Shari’ah panels have no power of enforcement. So what is the big deal? Why so much fuss? Isn’t this much ado about nothing? What does this Yoruba group want except to heat up the polity? They are attention seekers.
“Even the letter sent by the group was addressed to the wrong person. The letter was addressed to Shaykh Abdul Rasheed Hadiyatullahi whereas the latter is not part of the Oyo town team. He is in Iwo, Osun State.
“Their claim that Shari’ah has no history in Yorubaland is absolute bunkum. To set the records straight, Shari’ah is of great antiquity in this part of the country. We will tell them about it because our people say ‘when a child rejects pounded yam in the evening, his parents will narrate the story of his mother’s marriage to him.’
“Where were these people who are now opposing ordinary Shari’ah panel in Yorubaland when Oba Abibu Olagunju of Ede employed Qadi Sindiku to operate the Shari’ah court at Agbeni area of Ede town? The court functioned at Agbeni up till 1913. It was moved to Agbongbon area of the town in 1914.
“Where were they when Oba Momodu Lamuye who died in 1906 established a Shari’ah court in Iwo? Were they born yet when Oba Aliyu Oyewole of Ikirun employed Mallam Bako as the qadi (judge) from 1910? This is history. This is our past, the past of Shari’ah. We will not allow anyone to cut us away from our past. Today was born from the wombs of yesterday.
“It was the British imperialists who curtailed the application of Shari’ah via the repugnancy and validity tests and replaced them with Christian common law in the whole South-West but they retained civil Shari’ah in the North.
“It is only that civil Shari’ah that Yoruba Muslims are activating in their Shari’ah panels without official involvement because none of the South-West governors since independence have had the liberal or democratic mien to allow the application of Sections 275(1), 276 and 277 of the 1999 Nigerian Constitution which allow the practice of Shariah in any state with substantial Muslim population.
“It is gratifying that the Yoruba group has threatened to go to court. We assure them that Yoruba Muslims are not afraid of legal action over Shari’ah. The law is on our side. But we advise that they should take a good look at the sections of the constitution cited above before doing so and make sure they ask those who went to court before over Shari’ah. We are waiting.”