Friday, May 3, 2013

HISTORY OF THE MUSLIM CODE OF THE PHILIPPINES


Presidential Decree 1083

(The Muslim Code of the Philippines)

Known as The Code of Muslim Personal Laws of the Philippines, or simply The Muslim Code. It is a law that 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. It was promulgated by President Ferdinand Marcos February 4, 1977.

This Muslim Code creates the Shariah Courts tasked with the resolution of disputes that may arise under its provisions, and allows these courts to create Agama Arbitration Councils (AAC) in appropriate instances. It creates the office of the Mufti or Jurisconsult in Muslim law, which has the authority to render legal opinions on matters concerning Muslim law. It also recognizes five Muslim legal holidays  and provides for their proper observance. It defines what constitutes communal property and customary contracts in accordance with Muslim law, and provides for the effects of conversion to Islam.  It also penalizes offenses and violations of its provisions.

Notably, PD 1083 provides only for Muslim personal laws, e.g. marriage, divorce, and succession, and not for other Muslim laws. It specifically recognizes the validity of divorce among Muslims, although divorce is not allowed between other Filipinos. It also recognizes polygamy in accordance with Muslim law, such that persons married in accordance with its provisions shall not be liable for bigamy.

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