Sharia in the Philippines
Shari'ah or Islamic law is partially implemented in the legal system of the Philippines and is applicable only to Muslims. Shari'ah courts in the country are under supervision of the Supreme Court of the Philippines.
Shari'ah courts in the Philippines has jurisdiction over Muslim-majority Bangsamoro as well as other parts of Mindanao outside the autonomous region.
Background
The Shari'ah court system in the Philippines was a result of the Presidential Decree 1083 issued by then-President Ferdinand Marcos on February 7, 1977, which is also known as the Code of Muslim Personal Laws on the advice of the now-defunct Commission on National Integration.[1] Shari'ah courts are under the administrative supervision of the Supreme Court of the Philippines.[2] Shari'ah in the country only deals with Muslim customary and personal laws[3] and exclude criminal law.
Republic Act 6734, which was the Organic Law of the Autonomous Region in Muslim Mindanao recognized the two district courts under the now defunct autonomous region and also provided for the establishment of a Shari'ah Appellate Court,[4] however such court was never established.
The Organic Law which served as the foundation of the Bangsamoro Autonomous Region in Muslim Mindanao provides for the formation of a Shari'ah High Court for the region.[5]
Organization
Shari'ah District Courts
There are five Shari'ah District Courts in the Philippines, all of which has territorial jurisdiction over areas in Mindanao.[2] The Shari'ah District Court is roughly equivalent to the Regional Trial Court in the regular and secular Philippine court system.[6]
| Judicial Region | Location | Jurisdictions | |
|---|---|---|---|
| First Shari'ah District Court | Jolo, Sulu | Sulu | |
| Second Shari'ah District Court | Bongao, Tawi-Tawi | Tawi-Tawi | |
| Third Shari'ah District Court | Zamboanga City | Basilan Zamboanga del Norte Zamboanga del Sur Dipolog Pagadian Zamboanga City | |
| Fourth Shari'ah District Court | Marawi | Lanao del Norte Lanao del Sur Iligan Marawi | |
| Fifth Shari'ah District Court | Cotabato City | Maguindanao North Cotabato Sultan Kudarat Cotabato City Kidapawan | |
 | |||
Shari'ah Circuit Courts
There are 51 circuit courts in Mindanao. Their scope is comparable to that of the regular court system's city and municipal courts.[6]
Bangsamoro Shari'ah High Court
The Bangsamoro Organic Law, which became effective as of August 10, 2018,[7] has provisions for the creation of a Shari'ah High Court for the Bangsamoro region. The high court will, if and when realized, have exclusive appellate jurisdiction over Shari'ah districts within the autonomous region.[5]
Application
Marriage
The Code of Muslim Personal Laws covers marriage done under Islamic rites. The same also recognizes divorce contrary to the Family Code of the Philippines which does not recognize divorce, baring most non-Muslim Filipinos from legally ending their marriage. Divorce between a non-Muslim and a Muslim is also recognized such as the divorce case of a Christian woman and a Muslim man who were married under Islamic rites which was upheld in 2016 by the Supreme Court.[8]
Under the Muslim code a husband may seek for a "perpetual divorce" from his wife or invoke li'an to end his marriage if his spouse commits adultery. The wife may seek the termination of her marriage with her husband by invoking faskh if certain conditions are met including if her spouse commits "unusual cruelty", suffers from insanity or affliction of an incurable disease, or for six consecutive months neglects family support for six consecutive months. Talaq divorce may be invoked "may be effected by the husband in a single repudiation of his wife" after totally abstaining from sexual relations with his spouse.[8]
Financial laws
Until 2019, there were no current framework legislation in effect that would allow the establishments of Islamic banks or banks compliant with Shari'ah. On August 22, 2019, Republic Act 11439 which is also known as "An Act Providing for the Regulation and Organization of Islamic Banks" was signed into law. Said legislation became effective on September 15, 2019 and introductory regulations for Islamic banks were released by the Bangko Sentral ng Pilipinas, the country's central bank on December 31, 2019.[9]
Prior to 2019, the only Islamic bank which was allowed to operate is the Al-Amanah Islamic Bank which was founded in 1973.[10] Legislation introduced in 2019 allowed foreign-based and domestic firms to establish full-fledged Islamic banks in the Philippines as well as the setting up of Islamic bank units or subsidiaries under secular banks.[9]
Shari'ah legal practice
To become a lawyer under the Shari'ah court system of the Philippines, one must pass the Shari'ah Bar Exam which consists of the following subject matter: Code Muslim Personal Laws; Special Rules of Procedures; Jurisprudence (Fiqh), and the Muslim Law on Inheritance and Succession. A Shari'ah lawyer according to Bar Matter No. 681, a Supreme Court decision made en banc on August 5, 1993, is a "special member" of the Integrated Bar of the Philippines and not a fully pledged member. Members of the Shari'ah Bar are eligible to become circuit court judges but only those who are members of both the Shari'ah Bar and Regular Bar could be district court judges.[1]
References
- Maulana, Nash. "Sharia equality pushed". Manila Standard. Retrieved 29 April 2019.
- "Courts for Muslims: A Primer on Philippine Shari'a Courts" (PDF). Asian Institute of Journalism and Communication. Retrieved 29 April 2019.
- Banagudos, Rey-Luis (25 November 2018). "Shariah courts render 'quick action' on Muslims' disputes". Philippine News Agency. Retrieved 29 April 2019.
- San Juan, Joel. "Sharia courts: Then and now". BusinessMirror. Retrieved 29 April 2019.
- Cepeda, Maria (12 July 2018). "Bicam approves creation of Shari'ah High Court in Bangsamoro". Rappler. Retrieved 29 April 2019.
- Balane, Walter (16 October 2007). "Legislators want Shari'ah courts in DC". MindaNews.
- Lalu, Gabriel Pabico (2018-10-30). "Sulu LGU asks SC to junk 'unconstitutional' Bangsamoro law". Philippine Daily Inquirer. Retrieved 2020-07-25.
- Quismundo, Tarra (6 February 2019). "Muslim-Christian couple's divorce upheld". Philippine Daily Inquirer. Retrieved 29 April 2019.
- Cuaresma, Bianca (1 January 2020). "BSP approves rules on Islamic banking". BusinessMirror. Retrieved 13 January 2020.
- Tetangco, Amando Jr. "Speeches: Islamic Banking and Finance in the Philippines: Opportunities and Challenges". Bangko Sentral ng Pilipinas. Retrieved 31 May 2019.
External links
- Institution Strengthening of the Shari'a Justice System (Phase 1), UNDP-funded report (June 2004)
- Solamo-Antonio, Isabelita (2015). "The Philippine Shari'a Courts and the Code of Muslim Personal Laws". In Possamai, Adam; Richardson, James T; Turner, Bryan S. (eds.). The Sociology of Shari’a: Case Studies from around the World. Springer, Cham. pp. 83–101. ISBN 978-3-319-09605-6.