Group 3 - Shari-Ah Bar Examination Preparations

Shari’ah Bar Examination
Group 3
Objectives
To gain knowledge about Shari’ah Bar Examination

particularly in terms of:
• Legal basis and existing rules and regulations;

• Necessary requirements and other preparations;
• Roles and responsibilities entrusted to Shari’ah Lawyers; and,
• Importance of Shari’ah Law and the practice of such.
2
Brief background of the topic
3
“
▸ Shari’a courts were created in 1977 to resolve
cases involving Muslims that are covered by
Islamic law.
4
“
▸ Cases include those on personal status, marriage,
matrimonial and family relations, succession and
inheritance, and property relations between
spouses.
5
“
▸ Shari’a courts in the country are under supervision
of the Supreme Court of the Philippines.
6
How do Sharia courts differ from the
regular or ordinary courts, in terms of
functions and composition?
7
Difference
▸ The Supreme Court has ▸ Article 307 of the Code of

defined the Sharia court Muslim Personal Laws,
as one with limited and PD 1083 provides for the
special jurisdiction to establishment of Sharia
hear and decide cases district courts and Sharia
and administer justice circuit courts as part of the
for the country’s judicial system.
Muslims.
8
Difference
▸ The Code envisions the Sharia court to provide for an

effective administration and enforcement of personal
laws among Muslims. This is in line with the state’s
mandate
▸ “to consider the customs, traditions, beliefs and interests
of national cultural communities in the formulation and
implementation of state policies.”
9
Lawyer’s profile
She is
Atty. Ranizza
D. Datukon
10
Lawyer’s profile
She is
28 years old
11
Lawyer’s profile
She studied at
Ateneo de
davao
University
12
Lawyer’s profile
Occupation:
Government
Employee
13
Lawyer’s profile
Occupation:
Atty. III –
Mindanao
Developmemt
Authority
14
Interview summary
Question: Answer:
 Have you taken the
Shari’ah Bar
 No, I have not taken
the Shari’ah Bar
Examination?
Examination.
15
Interview summary
Question: Answer:
 Do you know someone ▸ Yes, my mother took
who has taken the the Shari’ah Bar
Shari’ah Bar Exam.
Examination?
16
Interview summary
Answer:
Question:  Presidential Decree No. 1083 also
known as the Code of Muslim Personal
 What do you know so far Laws of the Philippines. It only covers
about Shari’ah Law and the personal laws of a Muslim. It is
some sort of a counterpart of the
Shari’ah Bar Exam? Family Code, Succession under the
Civil Code and it provides for Divorce
which is not present in the Family
Code and Civil Code.
17
Interview summary
Question: Answer:
▸ Section 143, PD 1083 provides for the
 What do Shari’ah original jurisdiction of a Shari’ah court. The
enumeration is what a Shari’ah
Lawyers do? lawyer/counselor can do. They do what any
Philippine lawyer can do say for the fact that
they can only practice being a Shari’ah
lawyer within the Shari’ah court and not
with the regular courts. A Philippine lawyer
can also take a case of a client wherein the
jurisdiction is with the Shari’ah court.
18
Supplementary information for Shari’ah law bar
examinations
19
Profile of the interviewee
Name: Law School

Attended:
Occupation:
Mr. Cor Jesu

Chief, Cultural
Affairs Division
Samaon College – National
Commission on
“Sami” Bachelor of
Muslim Affairs,
Buat Laws Region XI
20
Interview summary
Question: Answer:
 he/she should be a graduate of any
 How does one become four-year tertiary course and enroll in
the 45-day training provided by the
eligible to take the NCMF as part of its cultural and
Shari’ah Bar educational program covering Shari’ah
Law.
Examination?  Hence, a bachelor’s degree of law is
not necessary to take Shari’ah Bar
Examination.
21
General Requirements for Admission to the Special Shari'ah
Bar
Must be a citizen of at least twenty-one (21) of good moral

the Philippines years of age character
22
General Requirements f or Admission to the Special Shari'ah
Bar
must produce before the and that no charges against

a resident of the Supreme Court him, involving moral
Philippines; satisfactory evidence of turpitude, have been filed or
good moral character are pending in any court in the
Philippines.
23
Training Requirements for Admission to the Special Shari'ah
Bar
Undergo a 45-day seminar training conducted by the

NCMF on the following subjects:
a. Jurisprudence (Fiqh) and Customary Laws (Adat)
b. Persons, Family Relations and Property
c. Succession, Wills/Adjudication and Settlement of
Estates; and
d. Procedure in Shari 'ah Courts
24
Schedule of the Special Shari'ah Bar Examinations
▸ The Special Shari 'ah Bar Examinations

shall be held on the last two (2) Sundays
of January, 2016 and every two (2) years
thereafter.
25
Interview summary
Answer:
Question:
▸ A Sharia lawyer according to Bar Matter
 What are the recent No. 681, a Supreme Court decision made en
banc in August 5, 1993, is a "special
developments in Shari’ah member" of the Integrated Bar of the
Philippines and not a fully pledged member.
Law and Bar Members of the Sharia Bar are eligible to
become circuit court judges but only those
Examination? who are members of both the Sharia Bar and
Regular Bar could be district court judges.
26
Interview summary
Answer:
Question:
▸ There is a proposal to amend or
 What are the recent incorporate the changes in
Shari’ah Court System in the
developments in Shari’ah Bangsamoro Organic Law. The
Law and Bar proposal aims to expand the court
Examination? structure and coverage of
jurisdiction to improve the current
system.
27
Thanks!
any
question
?
28
Group 3 members:
▸ Angel Domingo
▸ Da’ud Maguindanao
▸ Dante Calamba
▸ Roar Callaman
▸ Tom Louis Herrera The end
▸ Jayson Iran
▸ Geraldine Sumamban
29

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Shari’ah Bar Examination

To gain knowledge about Shari’ah Bar Examination

• Legal basis and existing rules and regulations;

▸ The Supreme Court has ▸ Article 307 of the Code of

▸ The Code envisions the Sharia court to provide for an

Name: Law School

Mr. Cor Jesu

Must be a citizen of at least twenty-one (21) of good moral

must produce before the and that no charges against

Undergo a 45-day seminar training conducted by the

▸ The Special Shari 'ah Bar Examinations

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