BANGSAMORO

JUSTICE SYSTEM
UNDER THE BOL
ART. X, RA 11054
SHARIAH LAW

 Forms part of the Islamic tradition derived from religious precepts of Islam, particularly the Quran
and Sunah
 Justice dispensed in the BAR accordance with the Constitution, Shariah, traditional and tribal laws
and other relevant laws
 Traditional and tribal law - Applicable to disputes of Ips within the BAR
 Application
 Exclusively to cases involving muslims
 Exception: non-muslim voluntarily submits to jurisdiction

 Sources
 Principal Sources:
 Al-Quran
 Al-Sunnah (traditions of prophet Muhammad)
 Secondary Sources:
 Al Ijma or Consensus
 Al Qiyas or Analogy
Shariah Law

 Parliament may enact shariah laws pertaining to:

 Personal
 Family
 Property
 Commercial and other civil actions not provided for under PD 1083
 Criminal jurisdiction involving minor offenses (arresto menor or tazir - 30
days or fines commensurate to the offense (Section 4)
Shariah Courts (Section 2)

 Under the Supervision of the Supreme Court

 Congress may create additional Shariah Courts
 in the BAR upon recommendation of the Supreme Court
 Outside in areas where a considerable number of Muslims reside.
Shariah Circuit Courts in the BAR

 Original exclusive jurisdiction

 Who:
 Both parties are Muslims
 Either party is a Muslim, provided non-Muslim voluntarily submits
 What cases:
 1.) Offenses under PD 1083 if act or omission is committed within BAR
 2.) All civil actions and proceedings involving muslims residing in the BAR or married under PD 1083
relating to:
 Marriage
 Divorce
 Betrothal or breach of contract to marry
 Customary dower or mahr
 Disposition and distribution of property upon divorce
 Maintenance and support and consolatory gifts;
 Restitution of marital rights
Shariah Circuit Courts (Section 5)

 Original exclusive jurisdiction

 3.) Disputes relating to communal properties
 4.) Tazir offenses punishable under Shariah law enacted by the
Parliament punishable by arresto menor or fine of both.
 All civil actions under Shariah Law enacted by the Parliament involving
real property in the BARMM where assessed value does not exceed PhP
400,000.00
 All civil actions, if they have not specified in an agreement which law
shall govern their relations, where the demand or claim does not
exceed PhP 200,000.00
Shariah District Courts in the BAR
(Section 6)
 Original exclusive jurisdiction
 Who:
 Both parties are Muslims
 Either party is a Muslim, provided non-Muslim voluntarily submits
 What cases:
 1.) Custody, guardianship, legitimacy and paternity and filiation under PD 1083
 2.) Disposition, distribution and settlement of estate of deceased muslims, probate of
wills, issuance of letters of administration, or appointment of administrators or executors
regardless of the nature or aggregate value of the property
 3.) Declaration of absence or death and for cancellation or correction of entries in the
Muslim Registries under PD 1083
 4.) All actions arising from customary and shariah compliant contracts between
muslims if they failed to specify law governing their relations
Shariah District Courts (Section 6)

 Original exclusive jurisdiction

 5.) Mandamus, prohibition, injunction, certiorari, habeas corpus and all other auxiliary writs
and processes in aid of its appellate jurisdiction
 6.) Constitution of a family home, change of name and commitment of an insane person
 7.) All other personal and real actions between muslims not within jurisdiction of Shariah
Circuit Courts
 Except, forcible entry and unlawful detainer which fall under MTC’s jurisdiction
 8.) SCA for Interpleader or declaratory relief wherein parties are muslims residing in BARMM or
involving property located in the BARMM belonging exclusively to muslims
 9.) All civil actions under Shariah Law enacted by Parliament involving real property in the
BARMM where assessed value exceeds PhP 400,000.00
 10.) All civil actions, if they have not specified in their agreement what law will govern, where
demand or claim exceeds PhP 200,000.00

 Appellate jurisdiction
 cases decided by Shariah Circuit Courts
Shariah High Court (Section 7)
 Created by the BOL
 Exclusive original jurisdiction
 Who:
 Both parties are Muslims
 Either party is a Muslim, provided non-Muslim voluntarily submits
 What cases:
 1.) petitions for Mandamus, prohibition, injunction, certiorari, habeas corpus and all other
auxiliary writs in aid of appellate jurisdiction
 2.) Annulment of judgment of Shariah District Courts
 Exclusive appellate jurisdiction
 Cases decided by Shariah District Courts within or outside BAR
 Decisions are final and executory except question of law which may be raised with
the SC following appeal procedures from CA to SC
 SC retains original and appellate jurisdiction under Constitution.
 Pending complete organization, appealable to CA.
 Composition:
 5 justices including Presiding Justice (Section 9)
Qualifications of Shariah Judges
(Section 8)
 Shariah Circuit Court
 citizen of the Philippines
 Muslim
 Regular member of the Philippine Bar
 30 years old
 Practice of law for at least 5 years
 2 years of Shariah or Islamic jurisprudence
 A person of competence, integrity, probity and independence
Qualifications

 Shariah District Courts

 citizen of the Philippines
 Muslim
 Member of the Philippine Bar
 35 years of age
 Practice of law for 10 years
 2 years of Shariah or Islamic Jurisprudence
 Person of Competence, integrity, probity and independence
Qualifications

 Shariah High Court

 A natural born citizen of the Philippines
 Muslim
 Member of the Philippine Bar
 40 years old
 Practice of law for 15 years
 2 years Shariah practice or Islamic jurisprudence
 Person of Competence, integrity, probity and independence

 Shariah judges who are not members of Philippine Bar

 SC may grant them reasonable time within which to Comply
 Pending this, they may continue discharging their functions
Rank (Section 10)
 Similar rank, prerogatives, salaries,
allowances, benefits, tenure and
privileges as:

 Shariah High Court – CA

 Shariah District Court – RTC
 Shariah Circuit Court - MTC

Shariah Rules of Court

(Section 11)
Existing Special Rules of Procedure in Shariah Courts
effective until SC issues new Shariah Rules of Court
Special Bar Exams for Shariah
(Section 12)
 SC administered
 Special members of Philippine Bar
 May practice law before Shariah Courts
 Title: Counselor-at-law
Who may practice before Shariah
Courts
 Counselors-at-law
 Regular members of the Philippine Bar
 Parties themselves (Muslim or non-muslim)
Shariah Courts Personnel

 Appointed by SC
 Disciplined by SC
Creation of New Offices

 Parliament may create:

 Shariah Public Assistance Office
 Shariah Special Prosecution Service
 Shariah Academy
 Office of the Jurisconsult of Islamic Law

 DOJ to prosecute criminal cases before Shariah Courts

Alternative Dispute Resolution
(Section 20)
 The BG adopts principles of conciliation and mediation
 Parliament to legislate on ADR
 Shariah Courts and traditional and tribal adjudicatory tribunals may
utilize this mode of settlement and resolution of cases