The Application of Islamic Family Law in the Philippines

There’s an interesting article published in the Journal of Muslim Minority Affairs, entitled: The Legal Impediments to the Application of Islamic Family Law in the Philippines. The abstract of the article reads:

This study examines the legal impediments to the application of Islamic Family Law in the Philippines. It is carried out by critically analyzing the legal effects of the secular principles, the Constitution and other laws of the state towards the enforcement of Islamic family law in the Philippines. This research establishes that the Islamic family law in the Philippines is part and parcel of the Philippine secular laws, the enforcement of which is not a consideration of the religious beliefs of the Filipino Muslims, but rather of their cultural traditions. The religious characteristics of Islamic family law are not implemented in the country. The Shari’ah court in the country is an integral part of the Philippine judicial system, yet deprived of the authority to enforce religious rulings or to administer Islamic religious institutions. A woman or a non-Muslim is not legally disqualified for appointment as judge in the Shari’ah court. The decision of the Shari’ah court can be appealed to the Supreme Court of the Philippines, whose decision may possibly deviate from the basic teachings of the Shari’ah. Whether such a decision has deviated from the basic teachings of the Shari’ah or not, it will still become part of the Muslim legal system in the country. These are among the legal impediments, restrictions, conflicts and contradictions of enforcing the Islamic family law in a secular polity.

The link to this Journal is here (the link contains just the quoted abstract). Any thoughts?


19 thoughts on “The Application of Islamic Family Law in the Philippines”

  1. Good day atty. I need an advice on my current situation I’m married We are separated but not in legal way… We have son We don’t have regular communication with him embraced I found peace..I met a single man with good character he help me in terms of financial and moral but i am afraid because my husband is now claiming that we are family.and everytime he was angry he was violent I want to file annulment for my husband but I don’t have money enough..my salary is enough to support my family can u advise me what the proper way to do?

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