To ensure Shari’ah courts will get the needed Shari’ah judges, Senator Robin Padilla filed a bill facilitating the qualifications for such posts.
Padilla filed Senate Bill 2820, which amends Art. X, Sec. 8 of RA 11054 or the organic law for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
“RA 11054 requires membership to the Philippine Bar as among the requirements for Shari’ah judges for Shari’ah circuit courts.”
In his bill, the legislator noted RA 11054 requires membership to the Philippine Bar as among the requirements for Shari’ah judges for Shari’ah circuit courts.
“As pointed out by the National Commission on Muslim Filipinos, these stringent requirements are one of the reasons why it has become challenging to fill up positions in the Shari’ah circuit courts,” the lawmaker said.
The senator added the NCMF likewise pointed out that “since most of the issues discussed under the circuit courts are communal in nature, the judges’ knowledge on the Shari’ah practices must be prioritized over legal expertise.”
He likewise noted Art. 140 of Presidential Decree 1073 – the Code of Muslim Personal Laws of the Philippines enacted by then President Ferdinand Marcos in 1977 – does not have such a requirement.
“The judges must have completed the needed Shari’ah and Islamic jurisprudence (fiqh) courses administered by the Supreme Court.”
Instead, the judges must have completed the needed Shari’ah and Islamic jurisprudence (fiqh) courses administered by the Supreme Court.
Under the bill, Art. X, Sec. 8 of RA 11054 removes the requirement of being a regular member of the Philippine Bar, and adds that the judge to be appointed must be practicing Shari’ah law for at least five years.
