ASSALAMO ALAIKUM, FUTURE
COUNSELORS!
PD 1083
(Code on Muslim Personal
Laws of the Philippines)
Atty. Norpaisa A. Paglala, Sh. C
TITLE 1- TITLE AND PURPOSE OF
CODE
Article 1. Title
This decree shall be known as the "Code of
Muslim Personal Laws of the Philippines."
Article 2. Purpose of Code
Pursuant to Section 11 of Article XV of the Constitution of
the Philippines, which provides that "The State shall
consider the customs, traditions, beliefs and interests of
national cultural communities in the formulation and
implementation of state policies," this Code:
Recognizes the legal system of the Muslims in the
Philippines as part of the law of the land and seeks to
make Islamic institutions more effective;
Codifies Muslim personal laws; and
Provides for an effective administration and enforcement
of Muslim personal laws among Muslims.
TITLE II- CONSTRUCTION OF CODE AND
DEFINITION OF TERMS
Article 3. Conflict of Provisions
(1) In case of conflict between any provision of this Code
and laws of general application, the former shall prevail.
(2) Should the conflict be between any provision of this
Code and special laws or laws of local application, the
latter shall be liberally construed in order to carry out the
former.
(3) The provisions of this Code shall be applicable only to
Muslims and nothing herein shall be construed to operate
to the prejudice of a non-Muslim.
Article 4. Construction and
Interpretation
(1) In the construction and interpretation of this Code and
other Muslim laws, the court shall take into consideration
the primary sources of Muslim law.
(2) Standard treatises and works on Muslim law and
jurisprudence shall be given persuasive weight in the
interpretation of Muslim law.
Article 5. Proof of Muslim Law and ‘Ada.
Muslim law and 'ada not embodied in this Code shall be
proven in evidence as a fact. No 'ada which is contrary to
the Constitution of the Philippines, this Code, Muslim law,
public order, public policy or public interest shall be given
any legal effect.
Article 6. Conflict in Islamic Schools of
Law.
(1) Should there be any conflict among the orthodox
(Sunni) Muslim schools of law (Madhahib), that which is in
consonance with the Constitution of the Philippines, this
Code, public order, public policy and public interest shall
be given effect.
(2) The Muslim schools of law shall, for purposes of this
Code, be the Hanfi, the Hanbali, the Maliki and the Shafi'i.
Article 7. Definition of Terms
Unless the context otherwise provides:
(a) "Agama Arbitration Council" means a body composed of
the Chairman and a representative of each of the parties
to constitute a council to take all necessary steps for
resolving conflicts between them.
(b) "Ada" means customary law.
(c) "General Register" means the General Register of
marriages, divorces, revocation of divorces, conversion
and such other deeds or instruments kept by the Registrar
under this Code.
(d) "Ihram" signifies the state of ritual consecration of a
person while on pilgrimage to Mecca.
(e) "Madhhab" (plural, Madhahib) means any of the four
orthodox (Sunni) schools of Muslim law.
(f) "Month" means a period of thirty days.
(g) "Muslim" is a person who testifies to the oneness of
God and the Prophethood of Muhammad and professses
Islam.
(h) "Muslim Law" (Shari'a) refers to all the ordinances and
regulations governing Muslims as found principally in the
Qur'an and the Hadith.
(i) "Muslim Personal Law" includes all laws relating to
personal status, marriage and divorce, matrimonial and
family relations, succession and inheritance, and property
relations between spouses as provided for in this Code.
