Practice question
A Muslim plaintiff brings a BARMM Shari’ah-law civil action against a non-Muslim. Assume that its subject otherwise falls within Article X §6. The defendant expressly refuses to submit to Shari’ah jurisdiction. The plaintiff argues that the defendant's residence in BARMM supplies the missing consent. Which is correct?
- Residence alone cannot replace the non-Muslim party's voluntary submission required by Article X.
- Residence automatically makes every person subject to Shari’ah law.
- The plaintiff may give consent on the defendant's behalf.
- The court may dispense with the statutory condition whenever the amount is large.
- Every non-Muslim is absolutely forbidden from voluntarily submitting.
Legal references
- https://lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html — PD1083 Arts143–144,155.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/92699 — RA11054 ArtX §§1–6.
- https://lawphil.net/statutes/repacts/ra2024/ra_12018_2024.html — RA12018 §§1–3.
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