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Practice question: Shari’ah District Courts (PD 1083; RA 11054)

Multiple Choice Hard Jurisprudence

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?
  1. Residence alone cannot replace the non-Muslim party's voluntary submission required by Article X.
  2. Residence automatically makes every person subject to Shari’ah law.
  3. The plaintiff may give consent on the defendant's behalf.
  4. The court may dispense with the statutory condition whenever the amount is large.
  5. 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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