SC orders special training for Shari’ah court applicants

The Supreme Court of the Philippines has directed the Philippine Judicial Academy (PHILJA) to design and implement a specialized Pre-Judicature Program for applicants seeking appointment to the country’s Shari’ah courts.

The SC En Banc earlier ruled that a separate training course focused on Shari’ah laws is necessary, stressing that the existing Pre-Judicature Program does not sufficiently cover Shari’ah jurisprudence and cannot adequately assess the competence of aspiring Shari’ah court judges.

The directive came in response to a request from the Bangsamoro Transition Authority, which urged the high court to establish a distinct preparatory course tailored specifically to Shari’ah law.

The Pre-Judicature Program is a mandatory course conducted by PHILJA for all aspiring members of the bench. It provides judicial-oriented training and serves as an evaluative mechanism for the Judicial and Bar Council (JBC) in assessing the qualifications and readiness of applicants for judicial office.

Shari’ah courts were created under Article 137 of Presidential Decree No. 1083, also known as the Code of Muslim Personal Laws. 

They form part of the Philippine judiciary but exercise limited jurisdiction, primarily over matters involving Muslim personal laws.

Under existing requirements, applicants for judgeship in Shari’ah courts must have completed at least two years of study in Shari’ah and Islamic jurisprudence.

In its resolution, the SC said the new program must reflect these statutory qualifications to ensure a more accurate and meaningful evaluation of candidates’ expertise in Shari’ah law.

The Court noted that PHILJA is equipped to craft the specialized curriculum through its Department of Shari’ah and Islamic Laws and Jurisprudence. The academy may also coordinate with the SC’s Technical Working Group on Shari’ah in developing the training framework.

The new Pre-Judicature Program will complement PHILJA’s existing Judicial Career Enhancement Program for Shari’ah Courts, as well as Shari’ah training seminars conducted in partnership with the National Commission on Muslim Filipinos.

The high court said the move aims to strengthen the competency of Shari’ah court judges and enhance the administration of justice in Muslim communities.