(This is the first instalment of Sultan Firdausi I. V. Abbas’ “in his opposition to the “amended” Bangsamoro Basic Law (BBL) by the Senate Committee of Senator Ferdinand Marcos, Jr .)
By DR. FIRDAUSI I.Y. ABBAS, Ph. D.
Sultan of Lanao
THE amended Bangsamoro Basic Law (BBL) by the Senate
Committee of Senator Ferdinand Marcos, Jr. is no better than the approved
version of the House of Representatives, Ad Hoc Committee. It purported to
improve the BBL but failed. It did not even adhere to the basic principle that
a constitution (the BBL will be the constitution for the new autonomous region
if approved) must be brief, clear and simple.
To start with, it has the same difficult highfalutin
words and vague phrases of Ascription, Self-Ascription, Asymmetric Relationship
(Article Vl, Sec. 23), Parity of Esteem (Sec. 24) and Transitional Justice
(Article Vlll, Sec.68). What were those people thinking of!
It erroneously and ignorantly use ethnic words and
phrase. It speaks of fusaka inged in reference to the alleged indigenous
peoples. Firstly, the word fusaka is mispelled. It is pusaka. Second, this word
is in the languages of the Maranaws and the Maguindanaons and not in any of the
dialects of the indigenous tribes.
There is no letter “f” in the Maranaw and Maguindanao
languages. Third, its use as a phrase, pusaka inged (Sec. 69) is terribly
incorrect. Inged is another Maranaw and Maguindanao word which means
home,territory or land. A pusaka means an heirloom which is a movable object
that has been in the family or community for years and decades. Inged cannot be
a pusaka. Another word used is tarib(Sec. 69) which is suppose to mean traditions.
This again is erroneous. Tradition in the Maranaw and Maguindanaon languages is
taritib. It reflects the ignorance of the Marcos consultants of the Moro
languages.
BLASPHEMOUS
Article Xl, Sec. 9 repeats the same blasphemous provision
in the previous version, Article X, Sec. 4. It also provides:
“The following are the sources of Shariah Law among
others: Al-Quran (the Koran); Al-Sunnah (Prophetic Tradition): Al-Qiyas
(Analogy) and Al-Ijima (Consensus).” The phrase among others means that there
other maybe other sources of Shariah.
There can be no other source of understanding Islamic law
other than those mentioned above. Futhermore Sunna must be interpreted as the
Traditions of the Prophet.
Mohammed and not simply as Prophetic Tradition because
there are many prophets in Islam and Ijma (not Ijima) is the third source of
understanding Shariah before Qiyas.
The Muslim Bar has time and again brought to the
attention of the authorities that the Shariah Courts must be intensively
reviewed. There must be an accounting of the cases filed and the cases
resolved. The procedure in the said courts are summary but cases have been
pending for as long as five years and even longer.
It has also been proposed that those who pass the
Shari’ah Bar Examinations must be eligible only to practice before the Shari’ah
courts. The Shari’ah Circuit and District Judges and the Shariah Appellate
Court Justice must be occupied by regular members of the Philippine Bar
who have either obtained degrees in Shari’ah from the middle-east or from any
other Muslim country or undergone at least a one year course or seminar in
Islamic law as the seminars offered by the Department of Muslim Affairs
before.
Procedural law is very vital in trials.
Knowledge of procedure is what enables the judge to timely adjudicate cases and
establish decorum in court. A four year course in Shariah does not provide the
judge who is a Shariah lawyer that ability. Shariah lawyers should be
used as academicians to teach in the Shari’ah Academy proposed. They can also
practice law in the Shari’ah courts.
(To be continued)
(To be continued)
(The writer is the President of the Muslim Bar Association of the
Philippines, Inc., Chairman of the Bangsa Moro Party and Chairman of the United
Filipino Movement .)
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