Sharia Law.docx

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