NAME: HADJI JAMEL, ANA RAISAH M.

SHA 193- SHARI’AH COURT PROCEDURE

INSTRUCTION: Answer the given question EXHAUSTIVELY. Avoid plagiarism, copying

only the provision, or copying the works of your classmates. Any form of cheating shall
tantamount to 5.0. Write your answer properly in a booklet.

1. Discuss the flow of Court Procedure before commencement until Section 6 of Ijra’t Al-
Mahakim.

The flow of court before commencement starts with the:

Section 1: This is the “Commencement of Action”
All actions and proceedings in the Shari’a court shall commence by the filing of a
complaint. This complaint shall be prepared at least in triplicate by the plaintiff (muddai)
or his/her counsel (wakil) or by the Clerk of Court. So, commencement of action means
that the filing of a complaint is the first step in any action or procedure in the Shari'a
court. The plaintiff, his or her attorney or the court clerk must help the plaintiff prepare
the complaint.

Secondly, the section 2: “Complaint”

The complaint shall contain the following: 1. title of the case, case number assigned to it,
and date of filing; 2. name and address of the plaintiff (muddai) and/ or his/her counsel,
and name and address of the defendant (mudda’a alayh); and 3. Concise statement of the
cause of action and the relief prayed for.
This means complaint must consist with 3 requirements, which are the following: 1st, The
title of the case, means the case that the court will be solving. Case number assigned to it,
and date of filing; means the number of the case and the date where the complaint will be
filed 2nd, name and address of the plaintiff (muddai) and/ or his/her counsel, and name
and address of the defendant (mudda’a alayh); and 3rd concise statement of the cause of
action and the relief prayed for which means the statement of the cause of the complaint
or the root of the problem must be clear and elaborated properly. The relief prayed for is
the statement of what you need to get against the defendant.

Thirdly, section 3: “Summons”

Summons together with the copy of the complaint shall be served upon the defendant.
This means that the Summons and the copy of complaint must be given to the defendant
personally and no one else but the defendant itself must receive it.
Fourthly, section 4: “Answer”
The defendant shall file an answer within ten (l0) days from receipt of the summons
either personally or by counsel, or with the assistance of the clerk of court. Meaning, the
defendant has 10 days only to give his/her answer from the summons and complaint of
the plaintiff. The defendant can do it either personally, by his/her counsel or with the help
of the clerk of court.

Fifth, section 5: “Failure to answer”

Should the defendant fail to answer the complaint within ten (l0) days from service, the
court shall proceed to receive the evidence ex parte upon which judgment shall be
rendered. Meaning, if the defendant failed to answer the summons and complaint within
10 days, the court will still continue the trial by receiving evidences from the plaintiff
even without the defendant.

Sixth: section 6: “Pre-trial”

 (1) Not later than thirty (30) days after the answer is filed, the case shall be calendared
for pre- trial. Should the parties fail to arrive at an amicable settlement (sulkh), the court
shall clarify and define the issues of the case which shall be set forth in a pre-trial order.
Meaning, after 30 days when the defendant gave or submitted his/her answer to the court,
the case shall be scheduled for the pre-trial. But if the both parties failed to come in the
scheduled meeting for the amicable settlement the court will still continue to address and
determine the issues of the case which will be set or placed for the pre-trial.

 (2) Within ten (10) days from receipt of such order, the parties or counsels shall
forthwith submit to the court the statement of witnesses and other evidence pertinent
to the issues so clarified and defined, together with the memoranda setting forth the
law and the facts relied upon by them. Meaning, in those 10 days, the plaintiff, the
defendant or their counsels’ witnesses must give or submit their testimonies and the
evidences they have gathered which are relevant to the case that’s so clear and well
stated also with the memoranda that has facts in it.

 (3) Should the court find, upon consideration of the pleadings, evidence and
memoranda, that a judgment may be rendered without need of a formal hearing, the
court may do so within fifteen (l5) days from the submission of the case for decision.
Meaning there might be chance or possibility that a formal hearing may not be
commenced of be done if the court considerate the pleadings, evidence and
memoranda. The court can do that within 15 days because of the submission of the
case for decision so it all depends on the court judge if there will be a formal hearing
or not depending the pleading, evidences, and memoranda.