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2011 SHARI' A BAR EXAMINATION

PROCEDURE AND EVIDENCE IN SHARI' A COURTS


July 10, 2011 A.M. 8:30 - 11 :30

I.
A. Distinguish Islamic Court Procedure and the Special Rules of Procedure for Shari'ah Court in the Philippines.

B. Some Provisions of the IJRA-AT-MAHAKIM-AL-SHARI'AH were patterned


from the Summary Procedure for Municipal Trial Courts and Municipal Circuit Trial Courts. In case of conflict between the two, which one will prevail? Explain.

II.

How may a Shari'ah Court determine the moral uprightness (adala) of a witness? Explain. evidence, which one has more weight over the other? Discuss.

B. As between Shahadda, testimonial evidence and Wathika, documentary

Ill.
A. The defendant failed to file his answer within the reglementary period under the Special Rules of Procedure.

1. Can he be declared in default? Discuss. 2. Can the court set the case for reception of plaintiff's evidence exparte without a motion filed to that effect by the Mudda'i? Explain. 3. Is the defendant entitled to notices of hearing, order, and other processes of the Court under the circumstances attendant above? Explain.

IV. A. What is the last pleading that may be filed in the Shari'ah Courts? B. What are the prohibited pleadings under the Special Rules of Procedures?

V.
A
Is pre-trial conference under the Special Rules of Procedure for Shari'ah Courts, mandatory or directory? Explain.

B. What are the objectives of the pre-trial?

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VI. A. An intestate case was filed in the Shari'ah District Court at Marawi City involving three parcels of land left by the deceased, one of which is located at Marawi City, the other one at Cebu City, and the third one at Davao City. A motion to dismiss was filed by the oppositor divorced-wife on the ground of improper venue and lack of jurisdiction as Cebu City and Davao City are outside the territorial jurisdiction of the SOC, Marawi City, and the deceased was actually residing in Cebu City at the time of his death. 1. 2. If you are the Judge, will you dismiss the case as prayed for? Discuss. Suppose before the death of the aforesaid deceased, he got an adverse decision which has not become final, can such decision be enforced to the land of the deceased at Cebu City? Discuss. VII.
A. Is the Fatwa of the Jurisconsult binding upon the Shari'ah Courts? B. Under what circumstances may the Fatwa of the Jurisconsult be sought? C. Can the Jurisconsult refuse to render a Fatwa as required under Islamic Law?

VIII. A. What are the cases by which an Agama arbitration council be constituted under the special rules of procedure? B. What are the purposes of creating an Agama arbitration council? C. Is the creation of the Agama arbitration council mandatory? Briefly explain.

IX. A. Sittie sued Hassan for support, Hassan in his affirmative defense contended that the case must be dismissed as the same has not passed through the Lupon ng Tagapayapa.

1. Can the court validly dismiss the case? Discuss. 2. If the court would dismiss the case,-will it be with prejudice or without prejudice? Briefly explain. 3. Suppose in addition to the above circumstances, there is also a prayer for Support pendente lite, may the court dismiss the case for want of referral to the Lupon? Briefly explain.

X.
A.

Is Yamin (oath) equivalent to evidence under the Special Rules of Procedure for Shari'ah Courts in the Philippines? Explain. Illustrate how Yamin (oath) shifts from one party to another.

B.

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