Jurisdiction of Shari'a Courts
Article 143 of the Muslim Code provides that Sharia courts have jurisdiction over real actions when the parties are both Muslims. The fact that the Shari‘a courts have concurrent jurisdiction with the regular courts in cases of actions involving real property means that jurisdiction may only be exercised by the said courts when the action involves parties who are both Muslims. In cases where one of the parties is a non-Muslim, the Shari‘a Courts cannot exercise jurisdiction over it. It would immediately divest the Shari'a court of any jurisdiction over the subject matter. (Villagracia v. Fifth Shari‘a District Court and Mala).
