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Judicial Reforms Sought for Shariah System in Mindanao |
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Written by Bureau of Public Information - ARMM
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Saturday, 04 October 2003 |
USERS of the court such as Shariah lawyers, Judiciary, members of the civil society groups, academe and policy-makers actively participated in a forum held at the Estosan Garden Hotel in Cotabato City on October 1, 2003 which discussed, among others, the so-called Action Program for Judicial Reforms (APJR) which is being undertaken by the Supreme Court of the Philippines.
The APJR includes proposed reforms in the Shariah Personal Law in the Philippines.
The forum dubbed as "The Shariah Court Watch: Stakeholders' Meeting on Judicial Reforms and Outreach Strategies" was organized by the PILIPINA Legal Resources Center (PLRC), with the support of the Canadian International Development Agency (CIDA)-Manila and facilitated by Zuraida Anayatin and Lyca Sarenas, all of PLRC.
PLRC, a private legal research firm based in Davao City is working closely with the government agencies to improve the Shariah Courts in the Philippines. One of its projects is the "Shariah Court Watch" which aims to know the problems within the Shariah Courts, articulate to the civil society on what needs to be done to improve the Shariah Courts and provide venue for the grassroots communities to understand Shariah personal law.
It is also engaging in a search process with the Supreme Court, Department of Justice, Judicial and Bar Council and the Search Committee for the recruitment of judges for the vacant Shariah Courts.
Acting on the clamor for the appointment of more Shariah judges, President Gloria Macapagal-Arroyo during her visit in Cotabato City early this year created the search committee chaired by Justice Secretary Simeon Datumanong and ARMM Regional Governor Parouk Hussin, Basilan Rep. Jerry Salapuddin, Lanao del Sur Rep. Faysah Dumarpa, JBC Secretary Atty. Luz Puno and RLA Assemblyman Tommy Ala as members.
The search committee will evaluate the applicants for Shariah judges and recommend it to the JBC which in turn will recommend to the President for appointment.
In a workshop session, the forum participants called on the government to immediately fill up the vacant Shariah courts in Mindanao and further urged the PLRC to ensure that the search process is strictly followed. Some participants expressed concern that politics is involved in the appointment of Shariah officials.
Likewise, they called on the Muslim leaders in the government and the ARMM administration to help improve the status of Shariah Courts in Mindanao and also help work out that Shariah lawyers are given due recognition.
Presidential Decree No. 1083 otherwise known as the Code of Muslim Personal Laws has mandated the establishment of fifty-one Shariah Circuit Courts in Mindanao but only twenty-five exist. Some of these existing courts have no permanent judges.
Republic Act No. 9054 also provided for the establishment of Shariah legal system in the ARMM to be determined by a law to be enacted by the Regional Legislative Assembly in consultation with the Supreme Court.
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