Shari’a Atas Bitiara: The Comprehensive and Balanced Conflict Resolution Mechanism for Muslims
General Santos City
2023
Situated in the ethnically diverse region of SOCCSKSARGEN, General Santos City is home to various groups including Muslims, Christians, and Lumads. With this plurality comes both richness in culture as well as potential for misunderstanding and tension. Recognizing the need for inclusive mechanisms to peacefully address conflicts, the local government launched the Shari’a Atas Bitiara (SAB) program in 2019.
Administered through the City Mayor’s Office–Integrated Cultural Communities Affairs Division (CMOICCAD), SAB provides an alternative dispute resolution service based on Islamic jurisprudence and Moro customary law. The program aims to facilitate amicable settlements for disputes related to marriage, divorce, guardianship, property ownership, and other civil concerns at the earliest stage possible. This prevents escalations that could threaten social cohesion.
A hallmark strategy of SAB is its multidisciplinary mediation team comprised of an Islamic scholar well-versed in religious texts/Islamic laws, a traditional Moro leader knowledgeable on Moro customs and traditions, and a Shari’a lawyer who has in-depth knowledge of the Code of Muslim Personal Laws or PD 1083. The mediation team is headed by the Shari’a Action Officer, a Shari’a lawyer, and assisted by the representative of the National Commission on Muslim Filipinos being the ViceChairman of the Shari’a Atas Bitiara Consultative Body. This multi-pronged composition allows for resolutions aligned with both Islamic law and indigenous norms. As of May 2023, at least 352 cases have been settled through the SAB participatory mediation process.
Prior to SAB, access to justice services posed challenges for Muslims in General Santos. Formal court processes incurred steep fees, causing some to seek help from leaders who unofficially charged for dispute resolution. SAB addresses this issue by providing completely free mediation. Based on estimated court costs of PhP40,000- PhP60,000 per case, SAB has helped clients collectively save over PhP16.9 million to date– a significant improvement in accessibility to justice.
Beyond dispute settlement, SAB implements various programs to strengthen Muslim communities in General Santos. It facilitates registration of delayed marriage certificates and Muslim conversions to the Islamic faith. Educational advocacy boosts understanding of applicable laws like the Code of Muslim Personal Laws. Pre-marital guidance equips future spouses with knowledge on building healthy marriages as prescribed in Islamic traditions.
SAB also takes measures to safeguard the interests of all parties. The inclusion of women mediators ensures fairness, especially regarding issues affecting Muslim wives and children such as divorce settlements. Same-week scheduling of mediation hearings provides speedier resolutions compared to formal courts which can take months. Follow-ups are conducted to promote compliance with signed agreements.SAB also takes measures to safeguard the interests of all parties. The inclusion of women mediators ensures fairness, especially regarding issues affecting Muslim wives and children such as divorce settlements. Same-week scheduling of mediation hearings provides speedier resolutions compared to formal courts which can take months. Follow-ups are conducted to promote compliance with signed agreements.
The program’s emphasis on participatory approaches and protecting citizens’ rights has earned wide acceptance. Neighboring localities like Sultan Kudarat and Mati have replicated SAB to provide Islamic mediation services for their own Muslim constituents.
Meanwhile, SAB continues adapting to emerging needs through initiatives such as proposed pre-marriage orientation although it is not a pre-requisite to marriage. Further, SAB shall also delve on educating the Muslim communities regarding Republic Act No. 11596 otherwise known as “An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof” that was approved on December 10, 2021. These initiatives are part of the innovations of the program implementation.
General Santos recognizes SAB’s significant role in maintaining social cohesion. The program has seen rising budget support, returning 281.6% on investment over five years based on estimated case value.
After almost five years of steady expansion, SAB has clearly established itself as a vital pillar of General Santos’ efforts towards inclusive, participatory governance that empowers constituents from all sectors. By continually adapting services according to evolving needs while maintaining focus on its core mission, the program exemplifies how community-driven, culturally-sensitive initiatives can effectively promote social cohesion and foster sustainable peace at the local level.