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SEC. 18. Shari'ah Courts. – The Shari'ah district courts
and the Shari'ah circuit courts created under existing laws shall
continue to function as provided therein. The judges of the Shari'ah
courts shall have the same qualifications as the judges of the
regional trial courts, the metropolitan trial courts or the municipal
trial courts, as the case may be. In addition, they must be learned
in Islamic law and jurisprudence.
SEC. 19. Tribal Courts. – There is hereby created a system
of tribal courts, which may include a Tribal Appellate Court, for
the indigenous cultural communities in the autonomous region.
These courts shall determine, settle, and decide controversies and
enforce decisions involving personal and family and property
rights of members of the indigenous cultural community
concerned in accordance with the tribal codes of these
communities. These courts may also exercise exclusive jurisdiction
over crimes committed by members of indigenous cultural
communities where the imposable penalty as prescribed by the
Revised Penal Code or other pertinent law does not exceed
imprisonment of six (6) years or a fine not exceeding Fifty thousand
pesos (P50,000) or both such imprisonment and fine and where
the offended party or parties are also members of the indigenous
cultural community concerned.
The Regional Assembly shall define the composition and
jurisdiction of the said courts in accordance with the Constitution,
existing laws, and this Organic Act.
SEC. 20. Jurisconsult in Islamic Law. – The Regional
Assembly shall give priority consideration to the organization of
the office of jurisconsult in Islamic law as established under
existing law and provision for its facilities to enable the proper
functioning of the office.
SEC. 21. Customary Law. – The Regional Assembly shall
provide for the codification of indigenous laws and compilation of
customary laws of the Muslims and the indigenous cultural
communities in the autonomous region.
SEC. 22. Application and Interpretation of Laws. – The
provisions of the Muslim code and the tribal code shall be applicable
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