The Lady Judge Story: In Sulu’s Shari’a Realm

By Warina Sushil a. Jukuy  ■ For PCIJ emailed 942pm 07Sept2007■

Photos oftentimes cannot do justice to a woman’s beauty. That includes Hadja Nurkarhati Tulawie Salapuddin-Sahibbil. She’s our Aishwarya of Sulu! Definitely not the Tamil actress of the famous Bride and Prejudice film but a Tausug Muslim who happens to be the sole woman judge (until lately) in the existing 51 Shari’a Circuits Courts in the Philippines; and whose legal expertise caters to Muslim “brides” along with the frills of “prejudices” that real world brings

“For as long as you will maintain the purity of the heart, you will never go wrong. People may misjudge you but such purity will be your shining armor.”--- Hadja Nurkarhati T. Salapuddin-Sahibbil, Presiding Judge,3rd Shari’a Circuit Court

Her imposing personality blends in with the room. On its walls, are overwhelming emblems of the justice system, particularly of Shari’a First District Court and the Province of Sulu . Surprisingly, her beaming smile overpowers the colors inside her 3rd District Circuit Court’s space, located on the 2nd floor of a quite grungy building in Jolo, Sulu, where she presides as judge. My legs walked towards her, as my mind gropes for a sense of semblance to trigger my faltering memory. As our palms touched, I inwardly affirmed, as my clouded memory cleared in auto: she’s not one of the younger twins; she is moro activist Fatmawati Salapuddin’s older sister.

Photos oftentimes cannot do justice to a woman’s beauty. That includes Hadja Nurkarhati Tulawie Salapuddin-Sahibbil. She’s our Aishwarya of Sulu! Definitely not the Tamil actress of the famous Bride and Prejudice film but a Tausug Muslim who happens to be the sole woman judge (until lately) in the existing 51 Shari’a Circuits Courts in the Philippines; and whose legal expertise caters to Muslim “brides” along with the frills of “prejudices” that real world brings. However, instead of clinging to the lone woman judge position, she relentlessly lobbied for more women judges in the Shari’a Courts.( Muslim Women Peace Advocates Conference, Asia Security Monitor No. 59, December 23, 2003, American Foreign Policy Council, Washington, D.C.) As a result, Shari’a Judge Remeerada Tanjili now joins Judge Nurkarhati’s solitude. Her perturberance on being the only woman in every Shari’a conference has finally been allayed.

How did Judge Nurkarhati reach the top rung of the ladder? In 1985, she was appointed as Clerk of Court II. Proficient in Sulu’s tongue, Bahasa Sinug, as well as in English, Judge Nurkarhati was once a court interpreter. A magna cum laude graduate in BS English of the Notre Dame of Jolo College , she served as Interpreter in 1988. The next year, she became Interpreter III. Basking in the prominence as current Shari’a Judge, she candidly replied (with a noticeable glimmer in her eyes) when queried, that she enjoyed best her work as an interpreter. Her pleasure manifested with the noticeable glimmer in her eyes as she fondly recounted how she lived up to the challenging role of translating Bahasa Sinug into the English language. Pointing out the intricacy of Bahasa Sinug, and its convolution due to limited vocabulary, Judge Nurkarhati proved however, how adroit she was as a spirited interpreter. Five years later, she further toiled as Clerk of Court VI for barely a year. By January 18, 1994, her appointment as Judge of the Shari’a Circuit Court was signed by Pres Fidel V. Ramos.

Amidst oppositions which reverberated from our Maranao brethren, she resolutely held on to her post despite and in spite of her gender, which was the subject of reproach. Consoled by the wisdom and guidance of the late Sulu Grand Mufti Ibrahim Ghazali (Allah yarham), she confidently executed her powers, functions and jurisdiction as Shari’a Circuit Court Judge of the First Shari’a District, Province of Sulu. Not intimidated by the ruling that a woman may lead and rule for as long as she doesn’t have the last word, she lived up to the juridical test! Armed with her inherent shining armor, Judge Nurkarhati proved her mettle in Islamic jurisprudence by ruling justly and equitably. True to her guiding principle, she ruled using the beacon of Islam in times of ambiguity. Judge Nurkarhati says: 

“For as long as you will maintain the purity of the heart, you will never go wrong. People may misjudge you but such purity will be your shining armor.”

Although, Judge Nurkarhati confided that initially her dream was to become a physician but by Divine Decree and human default, perhaps, she became a jurist on Muslim personal laws. She decisively concluded, however, that if she were to live her life again she would still want to be a judge. Without any contrition, she declared that people who displayed skepticism on her appointment have to live by what Allah has decreed her to be. She firmly believed that it “is” her destiny.

She reminisced on some particular notoriously celebrated cases. One of a wife asking for talaq by faskh due to her husband’s purported sexual impotence which at the end was proven true. Another of a battered wife who was married to a man whose psychological disturbance was previously unknown to his wife. There was also a familiar comical story of a runaway bride who fled before the marriage was consummated, thus, she was sued to return her dower to the abandoned groom. Quaintly, she ruled “justly” in favor of the truant neophyte wife due to justified grounds under Tausug customs and Islamic law. Absolutely, our feisty Lady Judge has braved the tolls and droll of matrimonial cases, along with divorce recognized under Presidential Decree No. 1083; betrothal or breach of contract to marry; customary dowry(mahr); disposition and distribution of property upon divorce; maintenance and support, and consolotary gifts(mut'a); and
restitution of marital rights. All cases involving disputes relative to communal properties.

She describes herself as a very amiable person as she added that she establishes easy rapport with her law students. However, she brimmed with contained laughter as she intimates that she has a temper to reckon with when her inherent rights are violated.

Admirably, she frankly admitted that she took the Shari’a Bar twice despite getting more than 95% rating in one subject. Proving that she is not one to be easily thwarted, on her second attempt, she triumphantly conquered her daunting waterloo, Succession. She intimated that the achievement was a product of love, sweat, and labor.

Her husband, Sulu Provincial Prosecutor Gulamurrasid R. Sahibbil, proved to be her motivator and inspiration. Although, engaged by parental arrangement, the couple met in Siliman University where Judge Nurkarhati took up some law units. During her early years of marriage, she gained a natural enthusiasm to read much on Islamic jurisprudence out of her desire and need to accommodate the questions of house visitors, calling in at times in his husband’s absence. She is a highly flexible woman as she manages to successfully balance her multi-faceted roles as daughter, big sister, wife, mother, presiding judge, acting judge, and professor.

Her daily routine includes Fajr prayer at dawn, mild exercise for her afflicted cardio, cooking breakfast, and by 8:30 am she reports for office, that is from Monday till Friday. She teaches Persons Family Relations and Islamic Jurisprudence at Notre Dame of Jolo College . Understandably, she exhorts her students to study law but to strictly adhere to and not violate the Qur’an as the Words of Allah, along with the Hadith and Sunnah of the Nabi Muhammad SAW.

Fascinatingly, you cannot stereotype Judge Nurkarhati as the regular feminist. She further confided that a lot of Moro men are even intimidated of her younger sister Fatchie (single by choice, PSHS alumna, Chairwoman of Bangsamoro Women Solidarity Conference) because of the latter’s intelligence and maverick nature as a peace advocate. Women are tolerated in Sulu, the Lady Judge observed. “You yourself know that you are struggling,” she interjected at this interviewer. We are in agreement that the suppression of women is so subtle that it is almost imperceptible.

However, Judge Nurkarhati contends that women must be aware of their complementary role alongside with men. She counsels Muslim women to bridge the gap between the genders and not widen the chasm. She affirms that couples must be attuned to role reversals when necessity calls for it. She limns women-men relationship as consensually symbiotic; neither predatorial nor adversarial in nature. The Judge verdict, so to speak, on women is enclosed in this quote from her: “You are the light of your home..the guiding light of your children and the light that prevents darkness in your husband’s way. See to it that such light won’t flicker for lack of fuel so your purpose of being a woman won’t fail.”

Ironically but true, she interposed with a question when I was about to end our interview. “Are you not going to ask me about subsequent marriages?” Chuckling, I naturally did when she prompted me. She revealed her perspective on subsequent marriages through these prudent words: “Almost always the cause of broken homes and children are the most affected as victims of the situation. Husbands are more inclined to consider that having more than wife is an obligation which is a very big mistake because allowing them to have more than one wife but not more than four at a time is merely a permission for exceptional cases provided the husband can treat his wives justly and equitably which needs supernatural capacity. It must be considered that material things can be divided equally. But for sure feelings can not be.”

Judge Nurkarhati concurred that there are a lot of flaws and inadequacies restricting the implementation of the Code of Muslim Personal Laws. She pointed out the membership of the PD 1083 Commission, as one of the basic reasons of its limiting powers and jurisdiction during the Marcos regime. Furthermore, she sensibly assented to Atty Michael Mastura when he said that, “It is better to have a half-baked cake than nothing at all.” Despite these legal snags contained in the CMPL, she remains optimistic for the Muslims in the Philippines .

Judge Nurkarhati acquiesced that there is a lot to be changed in the existing political system. She addressed a constructive challenge to the Moro youth:

“Be decisive. Be catalyst of change. Be obedient to and respect the elders But do not repeat the mistakes of our elders. It always pays to heed your parents’ advices. Being at the prime of your youth, don’t get affected by the evils in our system. Instead give priority to the common good over self-vested interests.”

#Sulu #Shariah #ShariahCourts #Islam #ARMM #CMPL #Islam #Tausug #Moro #Parang