Overview
The lecture covers the relationship of Philippine organic laws and statutes on the administration of justice, focusing on Sharia courts, judicial qualifications, three major legal systems in the Philippines, and the concept of tazir in Islamic criminal law.
Major Legal Systems in the Philippines
- The Philippines employs civil law (from Roman law), common law (from English law), and Islamic law (Sharia).
- Civil law emphasizes codified statutes; common law relies on precedent and equity; Sharia is based on divine revelation.
Sources of Law in the Philippines
- Domestic law sources: Constitution, legislation, court interpretations, common law, and precedents.
- Sharia sources: Quran, Sunnah, ijma (juris consensus), qiyas (analogy), and subsidiary principles like public welfare and custom.
Evolution of Laws on Sharia Courts
- PD 1083 established Muslim personal law and outlined judge qualifications—must be learned in Islamic law and jurisprudence.
- RA 6734 (creating ARMM) and RA 9054 (enhancing ARMM) aligned qualifications of Sharia judges with other Philippine courts, adding the requirement to be learned in Islamic law.
- RA 11054 (Bangsamoro Organic Law) specified more detailed requirements for Sharia judges: must be Muslim, Philippine citizen, Philippine bar member, with defined years of law practice and formal study in Sharia.
Qualifications of Sharia Court Judges
- Sharia Circuit Court: Muslim, Filipino citizen, bar member, 30+ years old, 5+ years law practice, 2+ years Sharia study.
- Sharia District Court: Muslim, Filipino citizen, bar member, 35+ years old, 10+ years law practice, 2+ years Sharia study.
- Sharia High Court: Muslim, natural-born citizen, bar member, 40+ years old, 15+ years law practice, 2+ years Sharia study.
- Judges must have competence, integrity, probity, and independence.
Court Processes under Sharia Law
- Cases begin with a written complaint by the plaintiff or representative.
- Procedures for trial and evidence are specified; the burden of proof rests on the plaintiff.
- Testimony requirements differ by case type and gender (e.g., two men or one man and two women for property cases).
- Testimony must be from morally upright, disinterested persons.
Tazir in Islamic Criminal Law
- Tazir covers offenses not included in hudud (fixed punishments) or qisas (retaliatory punishments) but harmful to public interest.
- Penalties may include fines, imprisonment, or, rarely, death for severe crimes or habitual criminals, as determined by judicial discretion.
Key Terms & Definitions
- Civil Law — A codified legal system originating from Roman law.
- Common Law — Unwritten legal system based on precedents and equity.
- Sharia (Islamic Law) — Legal system based on the Quran and Sunnah.
- Tazir — Discretionary punishment for criminal acts not covered by hudud or qisas.
- Hudud — Fixed punishments in Islamic law for specific crimes.
- Qisas — Retaliatory justice (e.g., "an eye for an eye") in Islamic law.
- Ijma — Consensus of Muslim jurists.
- Qiyas — Analogical reasoning in Islamic jurisprudence.
Action Items / Next Steps
- Review relevant slides on jurisdiction and court processes.
- Familiarize with the specific qualifications for Sharia court judges per the latest laws.
- Prepare for discussion or assessment on tazir and its application in Philippine Sharia courts.