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only to Muslims and other members of indigenous cultural
communities respectively and nothing herein shall be construed
to operate to the prejudice of the non-Muslims and non-members
of indigenous cultural communities.
In case of conflict between the Muslim code and the tribal
code, the national law shall apply.
In case of conflict between the Muslim code or the tribal
code on the one hand, and the national law on the other, the
latter shall prevail.
Except in cases of successional rights to property, the regular
courts shall acquire jurisdiction over controversies involving real
property located outside the area of autonomy. Muslims who sue
other Muslims or members of indigenous cultural communities
who sue other members of indigenous cultural communities over
matters covered respectively by Shari'ah or by tribal laws may
agree to litigate their grievances before the proper Shari'ah or
tribal court in the autonomous region. The procedure for this
recourse to the Shari'ah or tribal court shall be prescribed by the
Supreme Court.
SEC. 23. Bases for Interpretation of Islamic Law. – Subject
to the provisions of the Constitution, the Shari'ah courts shall
interpret Islamic law based on sources such as:
(a) Al-Qur'an (The Koran);
(b) Al-Sunnah (Prophetic traditions);
(c) Al-Qiyas (Analogy); and
(d) Al-Ijima (Consensus).
SEC. 24. Shari'ah Powers and Functions. – The powers
and functions of the Shari'ah courts and the Shari'ah Public
Assistance Office shall be defined by the Regional Assembly subject
to the provisions of the Constitution.
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