By Olugbenga Salami
Former Grand Khadi of the Kwara State Shari’a Court of Appeal, Hon. Justice Salihu Olohuntoyin Muhammad, rtd., has called on the Federal Government to amend the 1999 Constitution to expand the jurisdiction of Shari’a Courts of Appeal.
Speaking in an interview with newsmen recently in Ilorin, the retired jurist said the current limitation to “Islamic personal law” has denied many Muslim litigants access to justice under Islamic jurisprudence.
According to him, Shari’a Courts of Appeal are presently restricted to appeals on marriage, divorce, inheritance and guardianship, leaving them without powers over other civil disputes involving Muslims.
“We are asking the government to amend the Constitution to allow us to hear more civil matters involving Muslims. Our jurisdiction has never been expanded, and that remains our greatest challenge,” Justice Muhammad said.
He argued that the courts should be empowered to determine broader Islamic civil matters where parties voluntarily submit to their jurisdiction.
The former Grand Khadi noted that while common law courts exercise wide jurisdiction over civil disputes, Shari’a Courts of Appeal remain constitutionally constrained despite being courts of record established by the Constitution.
His call aligns with renewed advocacy by Islamic organisations for constitutional amendment.
In 2025, the Supreme Council for Shariah in Nigeria, SCSN, and the Muslim Ummah of South West Nigeria, MUSWEN, urged the National Assembly to amend Sections 262 and 277 of the Constitution by removing the word “personal” from provisions defining the jurisdiction of Shari’a Courts of Appeal.
They argued that the restriction creates inequality in access to justice and forces Islamic civil disputes into conventional courts.
A Constitution Alteration Bill sponsored by Hon. Abdullahi Balarabe Salame seeking the same expansion had also passed second reading in the House of Representatives in 2021 before it was referred to the Constitution Review Committee.
Justice Muhammad further urged Muslims in the South-West to push for the establishment of Shari’a Courts of Appeal in states where they do not exist, stressing that the Constitution already provides for them.
He said the absence of the courts in many South-West states has compelled Muslims to resort to customary courts for matters of marriage, divorce and inheritance instead of Islamic law.
