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?

Comments (32)

  1. devienah ann

    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?

    Thumb up Thumb down 0

    Reply
  2. aisha fareed

    good day attorney…. can i ask…? im christian before and i got married to a christian guy through civil wedding.. and upon embracing the islam… i am aware that i cant be married to a kafir(non muslim).. so in islamic religion,he is not my husband anymore… but in phil. law,we are legally married… the question is, can i divorce him through sharia law? is it acceptable in phil law? coz they consider a sharia law as a law of muslim people..
    and we are already separated before i converted islam.
    i hope for your response and help me this kind of matter…
    thank you…. have a nice day….

    Thumb up Thumb down 0

    Reply
    1. chen

      I am at the same situation. Hope to hear a feedback on this matter

      Thumb up Thumb down +1

      Reply
    2. Alhena

      Salam,
      1. Your marriage is under Civil rites, which means it can only be dissolved by filing a petition of annulment , or getting a judicial decree, declaring it null and void ab initio, same case, it is only by way of petition to the REGULAR COURTS;
      2. Claiming that you are no longer married to your husband because of your conversion is not proper, marriage is a bind which can only be declared dissolved by proper courts, both regular and shariah courts;
      3. Besides, muslim women, which you are now because of your conversion cannot file a divorce to a non-muslim husband, aside from the fact that your marriage is under Civil rites;
      4. The only way for your marriage to be dissolved is … yes there is a way, but this is given only through legal counselling…if you interested, kindly ask the moderator for my email add, for i believe i cannot post it here..

      Certified Shariah Counselor

      Thumb up Thumb down 0

      Reply
      1. Audree

        I would like to seek legal counsel under the Sharia Court system.

        Thumb up Thumb down 0

      2. karla matienzo

        I need legal advice regarding my marriage with a christian man. We have separated for about 3 years now. I have converted to Islam and married a Muslim man under the shariah court of the Kingdom of Saudi Arabia. I would like to know the legal civil and shariah ways in where I could seek the dissolution of my previous civil marriage. I am willing to pay for legal advice. I can send the money through bank transfer and the communication would have to be through email or internet calls as I am currently here in Saudi Arabia. I hope for your urgent response. Thank you.

        here is my email address : matienzokarla@yahoo.com

        Thumb up Thumb down 0

  3. maryamJ

    kasal kami ng asawa ko under Shariah Law,,may 1 kami anak na babae…..under custody ng asawa ko…6 yrs old now…gusto ko po sy divorce kasi may kinakasama sy bago girl habang nagwowork ako dto K.S.A……pwd po ba ako mg file ng divorce dto sa Philippine embassy ng,,riyadh K.S.A? thank u po..

    Thumb up Thumb down +1

    Reply
    1. alhena

      Salam, you can only file your petition for divorce were the marriage was registered, in your case, its not in KSA but here in the Philippines…you can also try talking to your husband to have a mutual mubaraat (divorce) this is the cheapest way to get your divorce, otherwise you will shoulder the expenses of filing a petition.

      Thumb up Thumb down 0

      Reply
  4. Lovella Ballesteros

    good day attorney…. can i ask…? im christian before and i got married to a christian guy through civil wedding.. and upon embracing the islam… i am aware that i cant be married to a kafir(non muslim).. so in islamic religion,he is not my husband anymore… but in phil. law,we are legally married… the question is, can i divorce him through sharia law? is it acceptable in phil law? coz they consider a sharia law as a law of muslim people..
    and we are already separated before i converted islam.
    i hope for your response and help me this kind of matter…
    thank you…. have a nice day….

    Thumb up Thumb down 0

    Reply
  5. Elmer Jacobo

    Are there any Sharia lawyers in Metro Manila and/or Pampanga or Tarlac areas?

    Thumb up Thumb down 0

    Reply
  6. Zarah

    Salam Anty, can I file a harassment case to my husband 1st wife who keeps on harassing me from time to time for she cannot accept me as my husband’s legal 2nd wife which is allowed in Islam. JAZAKALLAH Khair…

    Thumb up Thumb down 0

    Reply
  7. Zarah

    Salam Atty, can I file a harassment case to my husband 1st wife who keeps on harassing me from time to time for she cannot accept me as my husband’s legal 2nd wife which is allowed in Islam. JAZAKALLAH Khair…

    Thumb up Thumb down 0

    Reply
  8. gladys

    I was married in 2006 and was abandoned by my husband in 2010. I filed an annulment (due to his psychological incapacity) in 2011 but since it was too expensive, I had to forego my case. I want to marry my boyfriend (a foreinger) but my civil status is what’s keeping me for making my domestic partnership legal. Reading about the sharia law granting divorce, I plan to convert to Islam. Please help enlighten me on my next legal steps.

    Thumb up Thumb down 0

    Reply

Leave a Comment

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Support AttyAtWork

×