Sharia'h Bar Examination Reporting

POLICY PROPOSAL Sept.

17, 2019
Legal Profession in the ASEAN Region Group 3

I. BRIEF BACKGROUND OF THE TOPIC: “Shari’ah Bar Examination”

Sharia or Islamic law is partially implemented in the legal system of

the Philippines and is applicable only to Muslims. Sharia courts in the country are under
supervision of the Supreme Court of the Philippines.
Sharia courts in the Philippines has jurisdiction over Muslim-

majority Bangsamoro as well as other parts of Mindanao outside the autonomous region.
The Sharia Court System in the Philippines was a result of the Presidential Decree
1083 issued by then-President Ferdinand Marcos in February 7, 1977, which is also
known as the Code of Muslim Personal Laws on the advice of the now-defunct
Commission on National Integration. Sharia courts are under the administrative
supervision of the Supreme Court of the Philippines. Sharia in the country only deals
with Muslim customary and personal laws and exclude criminal law.
Philippine Shari'a Bar Examination is one being administered by the Supreme

Court of the Philippines every two years for purposes of, to wit:
1. Qualifying for the position of JUDGESHIP in the Shari'a courts; and,
2. Admission to special membership in the Philippine Bar to practice to practice in
the Shari'a courts (P.D. 1083).
II. PROFILE OF THE LAWYER
Name: Atty. Ranizza D. Datukon

Age: 28
Law School Attended: Ateneo de Davao University – College of Law
Current Occupation: Government Employee
Attorney III – Mindanao Development Authority
Experience: More than 1 year in Legal Practice
III. OBJECTIVES OF THE INTERVIEW
The main objective of the interview is to gain knowledge about Shari’ah Bar
Examination particularly in terms of:
a. Legal basis and existing rules and regulations;
b. Necessary requirements and other preparations;
c. Roles and responsibilities entrusted to Shari’ah Lawyers; and,
d. Importance of Shari’ah Law and the practice of such.
IV. SUMMARIZED INTERVIEW QUESTIONS WITH ANSWERS
Part A – A Lawyer with Knowledge on Shari’ah Bar Examination

(Appendix A for the actual questionnaire sent to the interviewee)
1. Q: Have you taken the Shari’ah Bar Examination?

A: No, I have not taken the Shari’ah Bar Examination.
(Note: Certain questions related to the preparation for the Shari’ah Bar Examination
were not asked. Instead, a supplemental interview was conducted to the Chief of Cultural
Affairs of National Commission of Muslim Filipinos, Region XI Office to obtain further
information and knowledge on Shari’ah Bar Examination.)
2. Q: If no, do you know someone who has taken the Shari’ah Bar Examination?
A: Yes, my mother took the Shari’ah Bar Exam.
3. Q: What do you know so far about Shari’ah Law and Shari’ah Bar Exam?
A: Presidential Decree No. 1083 also known as the Code of Muslim Personal
Laws of the Philippines. By the title of the decree, the law only covers the
personal laws of a Muslim. It is some sort of a counterpart of the Family Code,
Succession under the Civil Code and it provides for Divorce which is not present
in the Family Code and Civil Code.
4. Q: What do Shari’ah Lawyers do?

A: Section 143, PD 1083 provides for the original jurisdiction of a Shari’ah court.
The enumeration is what a Shari’ah lawyer/counselor can do. They do what any
Philippine lawyer can do save 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.
5. Q: What is the significance of Shari’ah Law in the Muslim Community?

A: The significance of Shari’ah law in the Muslim community is aligning the
personal laws as a Muslim based on the writings and teachings of the Qur’an and
that of the personal laws as a Filipino Citizen.
6. Q: Is there specific/special law firm/association of lawyers specializing in

Shari’ah Law?
A: I do not have knowledge of any special law firm specializing in Shari’ah law.
Part B – A Lawyer with Knowledge on Shari’ah Bar Examination
1. Q: What is the role of NCMF in relation to Shari’ah Bar Examination?

A: Shari’ah Law is based on Presidential Decree No. 1083, a Decree to Ordain
and Promulgate a Code Recognizing the System of Filipino Muslim Laws,
Codifying Muslim Personal Laws, and Providing for its administration and for
other purposes.
One of the NCMF’s powers and functions is to formulate and adopt continuing
programs and activities to strengthen Madaris (plural of Madrasah) schools,
Islamic Studies, and Shari’ah and Islamic jurisprudence, in coordination with
appropriate agencies of the government.
However, the Shari’ah Bar Examination, similar with the regular Bar
Examination, is under the direct administration and supervision of the Supreme
Court in the exercise of its Constitutional power.
2. Q: How does one become eligible to take the Shari’ah Bar Examination?
A: To prepare an individual for the Shari’ah Bar Examination, he/she should be a
graduate of any four year tertiary course and enrol in the 45-day training provided
by the NCMF as part of its cultural and educational program covering Shari’ah
Law. Hence, a bachelor’s degree of law is not necessary to take Shari’ah Bar
Examination.
3. Q: What are the requirements in taking the Shari’ah Bar Examination? How often
is it being conducted?
A: The requirements to be prepared are posted in the NCMF website (refer to
Appendix B). The Shari’ah Bar Exam is conducted every 2 years.
4. Q: How many/What are the subjects are to be taken in a Shari’ah Bar

Examination?
A: Sharia Bar Examinations are composed of four subjects, namely: 1) Persons,
Family Relations and Property; 2) Jurisprudence (FIQH) and Customary Laws
(ADATS); 3) Procedure in Shari'a Courts; and 4) Succession, Wills, Adjudication
and Settlement of Estate.
5. Q: What are the recent developments in Shari’ah Law and Bar Examination?
A: A Sharia lawyer according to Bar Matter No. 681, a Supreme Court decision
made en banc in August 5, 1993, is a "special member" of the Integrated Bar of
the Philippines and not a fully pledged member. Members of the Sharia Bar are
eligible to become circuit court judges but only those who are members of both
the Sharia Bar and Regular Bar could be district court judges.
There is a proposal to amend or incorporate the changes in Shari’ah Court System
in the Bangsamoro Organic Law. The proposal aims to expand the court structure
and coverage of jurisdiction to improve the current system.
GROUP MEMBERS:
Angel Dominggo
Da’ud Maguindanao
Dante Calamba
Roar Callaman
Tom Louis Herrera
Jayson Iran
Geraldine Sumamban

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POLICY PROPOSAL Sept.

I. BRIEF BACKGROUND OF THE TOPIC: “Shari’ah Bar Examination”

Sharia or Islamic law is partially implemented in the legal system of

Sharia courts in the Philippines has jurisdiction over Muslim-

Philippine Shari'a Bar Examination is one being administered by the Supreme

II. PROFILE OF THE LAWYER

Name: Atty. Ranizza D. Datukon

III. OBJECTIVES OF THE INTERVIEW

Part A – A Lawyer with Knowledge on Shari’ah Bar Examination

1. Q: Have you taken the Shari’ah Bar Examination?

4. Q: What do Shari’ah Lawyers do?

5. Q: What is the significance of Shari’ah Law in the Muslim Community?

6. Q: Is there specific/special law firm/association of lawyers specializing in

1. Q: What is the role of NCMF in relation to Shari’ah Bar Examination?

4. Q: How many/What are the subjects are to be taken in a Shari’ah Bar

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