Introduction:

The Shariah court system in the Philippines is an essential part of the country's legal
framework, specifically designed to address matters within the Muslim community.
Established under the Code of Muslim Personal Laws, these courts handle cases related to
marriage, divorce, inheritance, and family issues based on Islamic law or Shariah. They
operate alongside the country's regular courts, providing a platform for Muslims to seek
justice in accordance with their religious beliefs. The system aims to uphold cultural diversity
while ensuring legal rights and protections for the Muslim population in the Philippines.
Attending seminars on Shariah Court Procedures and Trial Procedure can offer you a deeper
understanding of the legal system within the context of Islamic law. It provides insights into the
intricacies of the Shariah court system, enhancing your knowledge about specific laws governing
matters like marriage, inheritance, and family issues in the Muslim community around the
Philippines. This knowledge could be invaluable, especially if you plan to work within or engage
with communities where Shariah law is applicable like here in our region where many muslim
reside. Engaging in seminars on Shariah Court Procedures encourages critical thinking,
analytical skills, and a broader understanding of legal systems, contributing to my personal and
academic growth. Additionally, understanding the sharia legal system fosters a broader
perspective on the complexities of law, contributing to a more comprehensive understanding of
legal principles.
As a student attending the Seminar on Shariah Court Procedures and Trial Procedure, I was
initially sure about what to expect. However, the experience turned out to be both eye-opening
and thought-provoking. At first I Was filled with excitement that I will learn alot from the
speakers of the said seminar and about what it truly is like to Practice Shairah Court Procedure
Their techniques on how to pass the Shari'a Bar Examination and how to start a case, what to do
as a counselor of the plaintiff and the defendant,the remedies given to the parties and the trial
procedures In real life.In the Part one of the seminar Meeting a valued and honored guest of
honor, mr. Mujahid M. Cali was also a great opportunity. He had covered all his discussion
regarding the core subject, and was really satisfying. The seminar was successful with the effort
of the practicumer and headed by Prof. Hisham Mocsir. It took place on November 26, 2023,
Sunday afternoon at Kalimudan Hall, Meranaw Cultural Heritage Center, Mindanao State
University Marawi City. And the part two of seminar was held at the Shariah Center Hall in King
Faisal Center for Islamic Arabic and Asian Studies with the distinguished guest Mr. Junaid D.
Minodar a clerk of Court in 6th Shariah Circuit Court. This reflection essay aims to capture the
essence of the seminar, highlighting the key takeaways and the impact it had on my
understanding of the subject matter.

Engagement and Learning:

From the moment the part one of the seminar began, I found myself amazed on what it is like in
Shariah Courts here in lanao del sur specially in marawi and giving us his real life experience in
his past handled cases .Captivated by the speaker's expertise and passion for the topic. The
engaging presentation style on Sections 1 up to 20 , coupled with real-life case examples,
allowed me to grasp the intricacies of Shariah court procedures. The Real life scenarios he gave
in the seminar kept me actively involved, eager to learn more about a legal system that is often
misunderstood and misrepresented by many people especially to those people who are belittling
Shariah Majors and Counselors.More information from the seminar about complaining, praying
or asking for help, the importance of signing and giving an address when applying. I also learned
that verification and certification with the forum is also important and a requirement of the
motion to initiate that the plaintiff must verify and confirm that there are no other pending cases
involving the same parties, issues and cause of action. , and failure to do so are grounds for
dismissal because the action was initiated by the plaintiff, not the defendant.
I also learned that it is the duty of the Clerk of Court to receive and file all pleadings sent to
him, whether true or false, and that failure to do so is grounds for a writ of mandamus. I also
heard from the speaker that if someone refuses to personally deliver a summons to him, then
according to the old rule, the solution is rendering the judgment in his favor. However, as the
2019 amendment in BOL changes it, if a person refuses to serve a summons, leaving them on
their own is the solution, at least they are fully aware that they have to appear in court.One of
the most significant insights gained from the seminar was a deeper understanding of Shariah
court procedures. Although I am taking this in this semester I gained more knowledge from the
seminar. Contrary to popular belief, these procedures are rooted in a strong emphasis on fairness,
justice, and compassion.Mr. Mujahid highlighted the importance of due process, the role of
evidence, and the significance of unbiased judgment. Learning about the safeguards in place to
protect the rights of individuals involved in Shariah court proceedings. I learned also that when
the permissive counterclaim is not attached to the pleading, then it can be recovered by filing it
to another separate case. I learned also that the amendment as a matter of right functions any
time, so long as the answer is not yet filed. So, if there is any, then amendment by leave of court
could function. I learned also that the judgment on the pleadings is based only on the petition and
answer. I also learned from this that although the Sharia Court Procedures, particularly Section
13, prohibits the filing of the listed pleadings and motions, a party is not actually prohibited
from filing them after finding good cause.For instance when there is an additional evidence
found that materializes to the case before the judgment is rendered. Third-party complaint or
interventions are allowed when there is a declaratory to be considered. I learned also that when
an agency excesses the exercise of its jurisdiction, then the remedy is a man prohibition. About
the application of appeal after the dissatisfaction of the judgment rendered by the lower court. In
case of the writ of the certiorari from the Shariah Circuit District Court to the Shariah High
Court, since there is no Shariah High Court, Court of Appeal may function, then rule 41 of the
rule of the court may apply as a suppletory manner, where the losing party should apply a notice
of appeal and should pay for the appeal fee within 15 days to where the judgment is rendered. In
case of writ of certiorari of the Court of Appeal to the Supreme Court, Section 65 of the rule of
the court is observed, which is actually the Special Civil Action of Certiorari on Error of
Jurisdiction.I also learned the meaning of the demurrer to evidence which means asking the court
for the dismissal of the case due to the ground of insufficiency of the evidence. Another one is
the interlocutory order which means an order or decision issued on a particular case only.
As for the part two of the seminar where the speaker was Sir Junaid D. Minodar involving legal
proceedings within the specific jurisdiction of The Shari'a District court and Shariah Circuit
Court . The speaker's comprehensive discussion shed light on various key aspects, such as the
cause of action complaint, motion to dismiss, jurisdiction, appeals, venue, affirmative defense,
pretrial, trial, and the representation and examination of witnesses. These components play a
crucial role in ensuring a fair and just legal process within the Shariah Court system.
One of the first topics covered during the seminar was the cause of action and the complaint.
This component initiates the legal proceedings and sets forth the alleged violations or
wrongdoings committed by the defendant. Understanding the cause of action complaint is
essential for both plaintiffs and defendants, as it outlines the basis for the lawsuit and the relief
sought by the aggrieved party.The seminar also highlighted the distinction between criminal and
civil cases when it comes to filing a motion to dismiss. It was clarified that a motion to dismiss
can only be filed in criminal cases, while civil cases require a motion or petition when the court
lacks jurisdiction over the case. This differentiation is crucial, as it ensures that each case type
follows the appropriate legal procedures and safeguards the rights of all parties involved.
Moreover, the speaker emphasized an important point regarding interlocutory orders and
appeals.It was made clear that no appeal can be taken on interlocutory orders by the court. This
means that parties must focus on presenting their case effectively during the trial itself, rather
than relying on the possibility of appealing certain orders. This knowledge underscores the
significance of thorough preparation and persuasive arguments during the trial stage.In the event
that a motion to dismiss is denied by the court, the appropriate remedy is to file a petition for
certiorari. This legal recourse allows the aggrieved party to challenge the court's decision,
seeking a review and potential reversal. Understanding this avenue for appeal provides litigants
with an alternative to ensure that their case is thoroughly evaluated and treated fairly within the
legal system. Another interesting aspect discussed during the seminar was the concept of a
waivable venue. It was emphasized that venue, which refers to the location where the trial takes
place, can be waived by the parties involved. This flexibility allows for greater convenience and
efficiency in the legal proceedings, enabling the court to focus on the merits of the case rather
than logistical considerations.Furthermore, the seminar shed light on the need to address
affirmative defenses before pretrial judgments. I had previously held a limited perception of
these courts, assuming they were what I see in the movies, but there is a huge difference.
Nevertheless, the seminar revealed a system that was dynamic, adaptable, and open to the
evolving needs of society. I was particularly intrigued by the speaker's explanation of the various
types of evidence accepted in Shariah courts and how they are evaluated to ensure a fair trial.The
seminar not only expanded my knowledge of Shariah court procedures and trial procedure but
also shed light on the potential implications for society. Understanding the principles underlying
these procedures helped me appreciate the significance of the Shariah legal system in preserving
social harmony and justice.like for instance A counterclaim is referring to a claim made in
response to or opposition of another claim in a lawsuit. It's a statement presented by the
defendant against the plaintiff's original claim, asserting their own rights or causes of action.
Counterclaims serve to challenge the plaintiff's allegations, presenting an alternative perspective
or additional facts to the court. These claims can encompass various elements, such as denials of
the plaintiff's assertions, cross-accusations, or demands for compensation or relief from the
plaintiff's accusations. Importantly, counterclaims broaden the scope of legal proceedings,
allowing for a comprehensive examination of the case from multiple angles. They contribute
significantly as evidence by providing a more complete picture of the dispute, offering the court
a balanced view of the situation, and ensuring that all relevant facts and arguments are
considered before a judgment is made. By presenting a counterclaim, the defendant can assert
their own rights, defend against unjust accusations, and seek legal remedies, ultimately
facilitating a fair and equitable resolution in the legal process.

Importance of Evidence in Shariah trial procedures:

As for the Evidence pertinent to the Shari'a Court Procedures the speaker both tackles on it with
a comprehensive lesson the both speakers talks about the testimony of the witness and as well as
the judicial affidavit as part of Evidence presented at the pre-trial and trial. Where they said that
testimony of witnesses plays a crucial part in any case presented in the court. I’ve learned also
thatA judicial affidavit is a written statement or testimony given under oath by a witness or a
party to a case, prepared outside the courtroom and submitted to the court. This affidavit serves
as evidence and is crucial in legal proceedings as it presents the facts, details, and the perspective
of the individual involved in a case. Its importance lies in providing a clear, concise, and
structured account of events or information pertinent to the case. The judicial affidavit helps
streamline court proceedings by presenting key details beforehand, allowing the court to
understand the issues, evaluate the merits of the case, and make informed decisions. It serves as a
guide for the judge in assessing the credibility and relevance of the testimony, ensuring that only
essential and valid information is presented during the trial, thus saving time and resources.
Additionally, the affidavit serves as a permanent record of the witness's statement, which can be
referred to and cross-examined during the trial. Its reliability and adherence to the truth under
oath enhance its value as a significant piece of evidence in legal proceedings, contributing to the
pursuit of justice and fair resolution of disputes. The speakers also give us a peek into what is
happening to the testimony submitted to the court where Direct examination and cross-
examination are two key components of the legal process used in courtrooms to elicit
information, clarify details, and establish facts through witness testimony. Direct examination is
the initial questioning of a witness by the party who called them to the stand. The goal is to allow
the witness to provide their version of events, share relevant information, and introduce evidence
that supports the case. Counselors typically ask open-ended questions during direct examination,
allowing the witness to explain their perspective without leading or suggesting answers.Cross-
examination, on the other hand, occurs after the direct examination and is conducted by the
opposing party's counselor. Its purpose is to challenge the witness's credibility, test the accuracy
of their testimony, and highlight inconsistencies or weaknesses in their statements. Cross-
examination involves more pointed and leading questions, aiming to undermine the credibility of
the witness or their version of events.The importance of direct examination lies in its ability to
present the initial account of events or facts from a witness's perspective, allowing the court to
gather primary evidence firsthand. It sets the foundation for the case by presenting information
that supports the party's argument.Cross-examination, on the other hand, is crucial for testing the
reliability of the witness's testimony presented during direct examination. It serves as a tool for
fact-checking, exposing potential biases, highlighting discrepancies, or uncovering additional
information that might influence the court's decision. A skillful cross-examination can weaken
the opposing party's case by casting doubt on the credibility of witnesses or their version of
events.Both direct examination and cross-examination play vital roles in presenting evidence and
shaping the narrative in a legal proceeding, allowing the court to assess the credibility of
witnesses and the strength of the presented evidence to arrive at a just decision.Documentary
evidence refers to any material that can be presented to a court or tribunal to establish or prove
facts pertinent to a case. It includes a wide array of written or recorded materials, such as
contracts, emails, letters, photographs, videos, and more. Its importance in legal proceedings
cannot be overstated. And also the speakers also talk about the other evidence like Documentary
evidence as it serves as a tangible record of events, transactions, or communications, providing
credibility and factual support to claims or defenses. It can authenticate the occurrence of
specific events, clarify the terms of agreements, and corroborate witness testimonies. This form
of evidence holds weight due to its ability to offer objectivity and verifiability, often influencing
the outcome of trials or legal decisions. Its reliability lies in its capacity to transcend individual
memories or biases, offering a concrete foundation upon which judgments can be made.

Conclusion:
In conclusion Attending the Seminar on Shariah Court Procedures and Trial Procedure was a
transformative experience, allowing me to explore a legal system that is often misunderstood.
The in-depth insights gained during the seminar have broadened my horizons and challenged my
inner self to be passionate in being a Shariah Counselor in the near future. The Seminar was very
helpful to all students to learn deeply about the Shariah Court Processes and the Trial Procedure.
The discussion about the process of making the complaint, answers, verification and certification
against forum shopping were all elaborated well. As well as the Pre-trial order, Evidence
presented by the parties in the court and post judgment remedies and also Articles in the CPML
that plays an important role in ijraat al mahakim asharia were also discussed greatly by both
speakers Such a great help also for students to have discussed to them about the rules of the court
that could be applied in the Shariah Court as a suppletory manner. The discussion of the
application of the prohibited pleadings and motions were all well-elaborated, together with their
grounds as bases for these to function were also well-covered. Evidence holds immense
significance in legal cases as it forms the backbone of the justice system. Its importance lies in its
ability to substantiate claims, verify facts, and aid in the determination of truth. Evidence
provides the necessary support for arguments presented by both the prosecution and defense. It
helps establish the sequence of events, corroborate testimonies, and enables judges and juries to
make informed, fair decisions based on facts rather than speculation or hearsay. The presence or
absence of evidence can determine the outcome of a case, ensuring that justice is served by
relying on factual information rather than assumptions or opinions. Moreover, evidence
contributes to upholding the principles of fairness, transparency, and accountability within the
legal framework, ensuring that decisions are based on tangible proof rather than conjecture.A
truly mind strucking seminar a lot of procedures was tackled allowing us students to study more
and explore the legal system of the Philippines.

Republic of the Philippines

Mindanao State University-Main Campus
King Faisal Center for Islamic, Arabic and Asian Studies
Islamic Studies Department
MSU Main Campus, Marawi City, 9700 Lanao del Sur
____________________________________________________________________________

REFLECTION PAPER
On;

TITLE;
SEMINAR on “LEGAL FORMS AND TRIAL PROCEDURES UNDER SHARI'A COURTS”

Subject and Section:

SHA160 Nn

Submitted to:
Prof. Hidaya B. Bangcola

Submitted by :
SAMPAL, Amoran ll M.