By Charmaine A. Tadalan
The Bicameral Conference Committee has approved the proposed justice system of the Bangsamoro Basic Law, Senate Majority Leader Juan Miguel F. Zubiri said, Thursday, July 12.
“We’re done with the Bangsamoro justice system… It’s a very contentious article because it’s (about) the delivery of the justice system in the Bangsamoro and part of it is the Shari’ah system,” Mr. Zubiri told reporters in a press briefing.
According to the Senator, the Committee settled the provision on cases between Muslims and non-Muslims.
“Under the approved version, when it comes to cases involving Muslims and Christian, it is very clear it would be the ordinary courts — municipal trial courts, regional trial courts of the area,” he said.
As stated in the article, Shari’ah, or Islamic Law, will be applied to Muslims, but may be applied to non-Muslims should they voluntarily submit to the jurisdiction of the Shari’ah courts.
This exception is absent in both versions, which stated the Shari’ah law will be exclusively applied to Muslims.
Shari’ah, as defined by the proposed law, is “the law forming part of the Islamic tradition derived from religious precepts of Islam, particularly of the Qur’an and Hadith.”
The Bangsamoro government, aside from the regular courts, will have additional courts, namely: Shari’ah High Court, District Courts and Circuit Courts.
A Sharia’ah High Court will be composed of five justices, including the Presiding Justices.
A Special Bar Examination for Shari’ah will be administered by the Supreme Court for admission of applicants to the Philippine Bar as special members.
Further, the parliament has the power to enact laws pertaining to Shari’ah on personal, family and property law jurisdiction.

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