Sharia Law:

Karim Madkdhum first Arabian trader in the Philippines established islam in the country

The strength of the sulu sultanate was enhanced by Malay leaders who helped in the political economic
and religious development

Sulu was the first muslim community in the south to established centralized government in 1450

Spanish Encounter

Rajah Sulayman muslim rajah of manila he resisted the Spanish forces played significant role in the
Spanish conquest

Spanish resorted to massive propaganda during war religious nationalism introduced Christianity as the
true religion and islam was the false religion. Jihad Holy war Kamatay sampay kamaharlikaan death until
victory is achieved

Propaganda of Spaniards is the name calling

Bud Dajao Massacre

750 men and officer under Duncan assaulted 800-1000 tausug

Caused of massacre : Pala ran amok in british held borneo Col Hugh Scott attempted to arrest Pala but
he opposed his move.

Occupants of Bud Dajo began raiding nearby Moro settlement for women and cattle

Roots :

Mindanao and Sulu are the original homeland of muslims. Third political subd of the Philippines. Rich in
agricultural plantation marine and mineral resources.

Culture and traditions

Courtship and marriage

Family involvement in marriage. Unio is based on family status in the community. Muslim is allowed to
marry a woman not belonging to is social level but woman is not

Marriage outside religious lines was once taboo but now tolerated

Marriage based on true love is rare arranged by parents

Nobility wears a red fez

Ash Sharia Literally means the way and found in quran

5 genral catgories of sharia

Belief – consist 6 articles of Islamic faith

Morality – moral excellence or virtues

Service to allah five pillars of islam

Transactions – duties between individuals in society

Partnership well as elements that fall under personal and family law

Punishment – theft adultery slander

Legal System

Pres Marcos issued MO 370 in 1973 the said memo created a research staff to draft the proposed code
of Philippines muslim laws

CMPL among many codes ratified during marcos era though enacted in 1977 it only became operational
in 1985

The Presidential Commission had 11 members representatives from SC the IBP, DOJ the Up law center
and catholic hierarchy together with religious leaders

The code integrates mostly shafii teachings with a number to select provisions from other schools. It
also established a shria court system and the office of juris consult in Islamic law.

Ratification and implementation

PD 1083 Code of muslim personal law became a law on feb 1977

1985 sharia courts opened

Hierarchy of Court

Sharia District Court equivalent to RTC code of muslim personal aws is being enforced

Exclusive jurisdiction in :

Custody paternity and filiation

Cases involving disposition and settled of estate

Petitions for declaration of absences and death and cancellation and correction of entites

All actions arising from customary contracts

Petition for mandamus certiorari injuction and habeas corpus

Concurrent original jurisdiction

Petition by muslim for the constitution of family home change of name and insame

Peronal and real actions

Special civil actions or property involved with muslims

Sharia Circuit court = MCTC

Cases involving defined and punished under PD 1083

Civil actions and proceedings who are muslims married in article 13 of PD 1083

Marriage

Divorce

Bethrotal or breach of contract to marry

Customary dowry

Disposition and distribution of property

Maintenance and support

Restitution of marital rights

Succession