 Assalamualaikum warahmatullahi wabarakatuhu. Today we will be discussing the brief history of Islamic law in the Philippines. Islam or Muslims in the Philippines constitute 10% of the entire population. So there is a need to respond to their spatial concern, especially in matters to Sharia. Islam arrived in Sulu around 1380 century. Islam was brought by the traders and missionaries. Islamic law was introduced during the final Islamization process by Shariful Hashim. Shariful Hashim or Khalif Abu Bakar established the Madrasa and Sultanate in 1405 to institutional Islamic institution in the country. Apart from reaching in Sulu archipelago, Islam also was introduced in Mindanao, especially in Kutabato area, by Muhammad Kabungsuwan, who brought Islam and established the Magindanao Sultanate in 1515. In Lanao areas, Islamic law was introduced during the spread of Islam at the end of 7th century. For Sulu, the first codified Islamic law was the D1. It is based on the Holy Quran. It is a compilation of customary laws and religious judgment. It standardizes punishments and blood money amounts. It also provides a guide for the proper execution of administrative duties. The principal code includes penal provisions for abduction, theft, false claims, adultery and murder, both attempted and consummated. For the Magindanao area, the Luaran was established by Sharif Kabungsuwan. The Luaran is a selection derived from the Minhajul Arifin, which is based on the Shapiay School of Law and the Takribol Intifar, the Fatul Al-Karib and the Miratul Tulab. These laws cover punitive consequences for breaking the law as well as customary law dealing with things like marriage, divorce, adultery, property and inheritance, wheels, fines, transactions, debts and nature of odds and so on and so forth. For the Luaran area, for our Marano brothers, they have the Teritif Agu-Ijma. It is an order of consensos. It is the formal structure for determining the rights and obligations of Marano people as well as ranks the lines of dissent. It also validates a person's position in society by focusing on rank and titles. In general, it governs the way of life and ideology of the Marano people. When the colonizers arrived, we noted that the Spaniards came around 1565 to 1898 and wars between the Moros and the Spaniards weakened the Sultanate and the enforcement of Islamic law. And then when the American came around 1899 to 1935, the implementation of Islamic law was minimized and then during the Commonwealth period that is around 1935 to 1946, the Sultanate and Islamic law were no longer recognized. In 1949, divorce law was allowed for Muslims. This is in response to the peculiar needs of the Muslims. But later, in 1973, during the time of President Ferdinand A. Marcos, he constituted a research group for the codification of European Muslim laws. And in 1975, the code was submitted and it was named Presidential Decree 1383, known as the Muslim Personal Laws of the Muslim in the Philippines, and it was signed into law in February 4, 1977. In 1985, sherry accords were opened and PD-1083 became operational. Due to the spatial needs of the Muslims pertaining to religious requirement in Muslim Personal Laws, the Philippine government establishes the sherry accord and codified Presidential Decree 1083, known as Muslim Personal Laws in the Philippines. And let us learn the basis of this law. First, let us discuss the Quranic basis, which can be found in Surah Jathiya, chapter 45 verse 18. The Holy Quran reads, then we give you a sharia in religion. Follow it and do not follow the last of those who do not know. The etymology of the Arabic word sharia comes from the word sharia, which refers to a way that leads to a main water source or path, the path to be followed. Water here signifies the importance of sharia as a source of life. Sharia covers five domains, namely itikada, this refers to the beliefs. Example is the six articles of faith. The six articles of faith or the archangel iman are the following. Faith that there is only one God, Allah. Faith in the chain of prophethood. Belief in the angels. Belief in the day of judgment. Belief that good or bad proceeds from Allah subhanahu wa ta'ala. And finally, the belief in qadar or everything proceeds from Allah subhanahu wa ta'ala. Then the next domain is ibadah. Ibadah means worship. This pertains to the five pillars of Islam, namely belief in the one is of Allah subhanahu wa ta'ala or the shahada. Number two, the five daily prayers. Number three, the zawum or the fasting during the month of Ramadan. Number four is the zaka or the poor Jew given to specific recipients of charity under Islamic law. And finally, going to Hajj. Number three component of sharia is adab or ethics. It pertains to the dos and dons that a Muslim should observe. Number four is muamala or the civil transactions which include the family loss and then the ukuba or the crimes and punishment. Pd1083 is under the muamala or civil transactions specifically the family loss. The sources of Islamic law are the following, the Quran. This is the fundamental and main sources of Islamic law. This refers to the book containing the speech of Allah subhanahu wa ta'ala revealed to Prophet Muhammad in Arabic and transmitted to us by continuous distimony or tawatur. Quran consists of the word of Allah subhanahu wa ta'ala revealed to Prophet Muhammad s.a.w. in 23 years. It has divine origin addressed to all humanity without distinction or race, region or time. The second source of Islamic law is the sunnah or hadith. Literarily means communication, story or conversation. Technically what was transmitted to the authority of the Prophet s.a.w. It includes his deeds, sayings and tacit approval or description of his sifat or features. The sunnah or hadith cover the same ground. The practice and sayings and tacit approval. The Quran generally deals with the broad principles or essentials of the religion. For example, the Quran says about establish the prayer but it doesn't provide the steps on how to do it. And it is the sunnah of Prophet Muhammad s.a.w. that guides the Muslims on how to do it. So that's the relationship of the Quran and the sunnah as a source of Islamic law. In order to understand the application of sharia, we have to define it in relation to the fiqi or to the jurisprudence. Sharia is the body of revealed laws found both in the Quran and the sunnah. The fiqi is a body of laws, the Jews from sharia to cover a specific situation not directly treated in sharia which is fixed and changeable and eternal. While fiqi is, it has certain components that are not fixed. So how do we put this into an example? When we look at the Quran, it says marriage is obligatory to the Muslims and when we consider the fiqi, it provides the essential requisites. In other words, sharia is the general principle, the fiqi is the specific application of the verses of the holy Quran relating to the laws on marriage. Okay, now let us go to the Muslim Personal Laws under PDT-83. So what are the basis? First, in 1973, President Marcos issued a memorandum order that constituted a group of Muslim scholars headed by attorney Michael Mastura to conduct a research on the codification of Muslim Personal Laws. And later, under the executive order 442, Dean Cesar Mahol of the Institute of Islamic Studies he did the commission on the codification of a presidential decree in 83. And on February 4, 1977, it was signed and made effective through the presidential decree of President Marcos. The law is officially known as presidential decree 1083, otherwise known as the Personal Laws of the Muslims in the Philippines. It has also constitutional basis. The constitutional basis of PDT-83 could be found in Article 15, Section 2 of the 1973 Constitution, as well as Article 2, Section 22 of 1987 Constitution. The goals of the codification of PDT-83 with the constitutional basis are the following, recognizes the legal system of the Muslims, codifies Muslim Personal Laws, and the effective administration and enforcement of Muslim Personal Laws. So what is the relationship of PDT-83 with other laws? PDT-83 is considered a spatial law vis-a-vis laws of general application. So in case of bigamy, so how do we treat PDT-83? So PDT-83 will prevail over a case on bigamy under the revised penal code. This explains why Muslims can contract subsequent marriages up to four, provided they observe the requisites on how to conduct subsequent marriages. And another instance is, when PDT-83 vis-a-vis other spatial laws, the spatial law will be construed liberally. So for example, the laws on anti-sexual harassment can be considered as, can be invoked under PDT-83 because PDT-83 is silent in terms of violence against women. PDT-83 is only applicable to Muslims and non-Muslims will not be affected. Exception to the rule is when a marriage is contracted between a Muslim male and a non-Muslim female and the non-Muslim female agrees to be married under the Muslim rights, then their marriage will be governed by the presidential decree 1083. Another situation, if the Muslim spouse converts to Islam and then they wanted to be governed by presidential decree, they only have to notify the sharia court and registered in their intention to be governed by PDT-83. And so what are the provisions and coverage of PDT-83? It has three books. Book one consists of the general provisions. Book two relates to persons and family relations and it has the following title. Title one is about the civil personality. Title two about marriage and divorce. Title three about paternity affiliation. And title four about support. Title five about parental authority, custody and guardianship. So under book two, all the laws pertaining to the family relations is tackled in that book. And book three deals with the succession or how Muslims partition their wealth after death because under Islamic law, the Muslim when he upon death, there is already a transmission of the right to inheritance. However, it is strictly construed that only those who are Muslims can inherit from a Muslim descendant. However PDT-83 is very unique because it provided a certain provision that allows a non-Muslim wife or a non-Muslim children to inherit. But the inheritance is limited only to the one-third of the supposed inheritance of that person. And also one peculiar aspect of succession law under Islamic law is that the son inherits double the inheritance of a female. So two is two, one, okay? Then other provisions in the PDT-83 includes registry of marriage, divorce and conversions, and also other acts affecting civil status. And also under book four, the Agama Arbitration Council is tackled. The Agama Arbitration Council is a very important component of PDT-83. When a husband wants to contract his subsequent marriage, he has to notify his wife and the wife has the opportunity to register her protest under the sherry accord. And in case the husband fails to notify the first wife of his intention to take another wife, he can be liable and the provision for the liability specify that he can be imprisoned from one day to 30 days, that is one month, and a penalty of 2000 pesos. So the question here is the consent of the first wife is really an important component to make the second marriage valid. The answer is no. It is only a procedural aspect. Even the first wife will not give her consent as long as the husband and the second wife observes all the requisites of the valid marriage under PDT-83, then it doesn't affect the validity of the second marriage. And another thing to be considered is the stringent condition under article 27. No Muslim husband is allowed to remarry unless he has financial capability unless he can treat all the wives equally and fairly emotionally and in terms of financial aspects. And then part of Book 5, PDT-83 also talked about communal property. And then Book 5 also includes the procedure on conversions. And article 180 of PDT-83 is the basis for Muslims to invoke, to waive the rule of Bigamy under the revised penal code. And then also specific offenses are also covered under PDT-83. And finally, Book 5 under Title 6 talks about the transitory and final provisions and that is article 186-190. So all in all, PDT-83 has 190 articles. Okay. So I would like to discuss example of related provisions in PDT-83. Article 13 is about the general application. So PDT-83 is applicable only in three situations. Number one situation, between two Muslims, meaning the male and the female are Muslims and they decided to marry under Islamic rights, then they will be governed under PDT-83. Second situation, the male is a Muslim and the female is a non-Muslim. There are two scenarios here. If the non-Muslim female agrees to convert to Islam and allow herself to be married under the Muslim right, he will now be subject to PDT-83. Now, if her husband wants to contract a subsequent marriage or to do the divorce, then she is governed by PDT-83. The next scenario is that the non-Muslim female agreed to be married but not in accordance to Islamic law. So she opted to be married under the civil code. So their marriage will be governed by the civil code. So even if the husband is a Muslim, he cannot contract a subsequent marriage nor divorce her because non-Muslim partner is protected under Article 3, paragraph 3, which says that PDT-83 should not be construed to the prejudice of non-Muslim. Then another scenario that can be covered under Article 13 is the case of both Muslims and yet they opted to be married under the civil code. So the civil code will be the governing laws and even if they decided to marry again under Islamic law, the Islamic law marriage will be considered only as ceremonial rights. So in that case, that husband, though he is a Muslim, he cannot contract a subsequent marriage because he will be liable of bigami under the revised penal code. Another important provision in PDT-83 that needs to be discussed is Article 178. This is a special case of a conversion of non-Muslim spouses to Islam. Okay, let me give you an example. Alex and Maria are non-Muslims and they were married under the civil code. Later, they decided to convert to Islam. Okay? Their conversion to Islam does not automatically give them the right to be governed under PDT-83. They need to go to the sherry court, register their conversion and they have to write the sherry accord upon oath that they want to be governed by presidential decree 1083. So in that case, Alex could contract a subsequent marriage and also Maria could avail PDT-83 in terms of divorce. Okay? And another provision that needs to be clarified is Article 186, paragraph one and two. This is the exception to the rule, especially on the case of the non-Muslim who are married under the civil code prior to the effectivity of PDT-83. So there is a status quo. Despite the fact that PDT-83 has been made effective, what is the governing laws during the time of the marriage will still prevail? Should he needs to change the laws applicable to their marriage, these pauses also need to register their intention to be governed under PDT-83. So what are the differences between the Muslim marriage under PDT-83 and under the civil code of the Philippines? Okay? One is the age of marriage. Under the civil code, the age of majority is 18 years old. But under PDT-83, the age of marriage is 15 years old for the male and for the female is what we call the puberty age. So what does it mean? What does Islamic law when it says puberty? For the female it is the time or age when the female first experience menstruation. So that signals her physical maturity and even if she is less than 18 years old, she can be, she can contract marriage. And also under Islamic law, it allows bithrotal. So what is this bithrotal? So this is an age between 12 years old. Like for example, between seven and nine years old. They can be married, but it is called bithrotal. When they reach the puberty age, they have the option actually to go to the sharia court if they do not want to consummate the marriage. Just in case if it is not the father or the grandfather who arrange or who give the wali or the consent to the marriage. And we call that under PDT-83 as the Buluagal Hire, okay? The next peculiarity of PDT-83 vis-à-vis the civil code is the requirement to pay a dori. Under Islamic law, when you marry a woman, dori is an important element, one of the important elements of the requisites of a valid marriage. So is there a fixed amount for dori? Under the Islamic tradition, there is no fixed dori, but in the Philippines, we are more of, we follow more of the cultural traditions. Like for example, in the Marano society, dori can reach as much as 500,000. Also, among the Tausu, dori can reach as much as 1 million pesos. Actually, it depends on the financial capability of the husband to be. The next peculiarity is that under PDT-83, there is a need for the consent of the wali or the guardian. No Muslim female can be married without the consent of his father. In the absence of his father, the grandfather, in the absence of the grandfather, his uncle, and in the absence of the uncle, it could be the male brother. It is always in the male side, okay? Without the consent of the wali, the marriage is considered void of an issue. And also under PDT-83, the father or the wali can solemnize the marriage. So he can officiate the marriage. But in the civil code, there are only specific person who are authorized to officiate marriage. And under Islamic law, there is no need for them to secure marriage license. Whereas under the civil code, it is a mask. And under Islamic law, fosterage is considered an impediment. So what does fosterage mean? The meaning of fosterage under Islamic law is when a woman breastfeed a baby, male or female, that foster mother-child relationship becomes an impediment to marry. So this foster son cannot marry her foster sisters nor it can marry the foster mother. So that is the meaning of fosterage. And then another salient importance of difference between PDT-83 and the civil code is on matters of property relations. The default conjugal property relations under PDT-83 is separate, absolute separation of property. While in the civil code, the default property relation is conjugal partnership. Okay, how does it work? When a Muslim man and woman agrees to be married, all the properties of the woman will remain her personal property. And all the properties of the husband will also remain his personal property. And the support is large on the husband. So the husband under PDT-83 is mandated to provide food, shelter, medicine and education to the wife. But the wife is not required to contribute to the expenses. However, if she wants to contribute to the family expenses, then that is most desirable. But just in case she wants a refund from her husband for the expenses paid for the family needs, then the husband is obliged under Islamic law. But you know, these are only the ideal relationship between husband and wife because in the Philippines, Muslims nowadays do share in the expenses of the family needs. Another peculiarity under PDT-83 vis-a-vis the civil code, the family code is the provisions on divorce. Under Islamic law, there are seven types of divorce. Under the civil code, there is no divorce provision. Only annulment and legal separation. But Muslims in the Philippines enjoy seven types of divorces as follows. One is you can divorce your wife through palak or technically means divorce or separation by just saying, I divorce you, I divorce you, I divorce you three times in the presence of two competent witnesses. And thereafter, they have to observe the calling of period of three months. Should the husband wants to take back the wife, he can just resume intimate relationship within three months. Another type of divorce is divorce by Lee Ann. This type of divorce gives the husband the right to divorce his wife should he think that the wife is pregnant of a child which is not his. So there is adultery issue here. So they will go to the sharia court and if the husband cannot produce evidences, they will take the yamin that is invoking, swearing in the name of Allah subhanawataala for three times. And in the fourth time, they will invoke that the wrath of Allah will be upon the person who is telling a lie. So after this yamin or oath taking ceremony, then the judge will decree perpetual divorce. The third type of divorce is divorce by Zihar. This is an injurious assimilation. Like for example, if the husband says, you look like the back of my mother and that is very offensive. So the wife should refrain from allowing the husband to have intimate relationship with her unless the husband will do some expiation. So what is the expiation required for Zihar? He has to fast for two consecutive months or if he cannot do the fasting, then he can feed 64 persons. And then the next type of divorce is divorce by Kul. This type of divorce allows the wife to divorce his husband, her husband. This is the case if the husband doesn't want to say talak. So the option for the wife is to return the dowry. If her dowry was 200,000 and if she wanted her freedom, she has to return the 200,000 and that type of divorce is called divorce by Kul. Then the next type is divorce by Ila. This type of divorce was mentioned by Prophet Muhammad s.a.w. when one of his companion, the wife of one of the companions, complained to Prophet Muhammad s.a.w. that during the day her husband is fasting and during the night her husband is in the most praying and in recognition to her right for her marital rights, especially on the intimate relationship between husband and wife, the Prophet pronounced that she can divorce the husband unless the husband will refrain from avoiding marital obligation to the wife. So here we can see that Islam places so much importance to the right of woman including her sexual right. Next type of divorce under PD1083 is divorce by FASC. Divorce by FASC. This is the divorce that the couple has to go through go through the hearing before the sharia court. And there are several grounds mentioned under divorce by FASC. Example is unusual cruelty if the husband will not support the wife intentionally for consecutive months that could be a ground of divorce and another ground is habitual assault against the person of the wife then the wife can go to the sharia court and file a divorce on the ground of FASC. So I have give you the coverage of PD1083 and explain some of the some of the nuances of the provisions their relationship with the other provisions. Now the question is where do Muslims go in case they wanted to file a case? So this is now a topic where I want to discuss about the sharia court system in the Philippines. So the sharia court in the Philippines just like any other regular courts in the country it has a requirement in terms of its procedure and also some requirements as far as evidences are concerned. And then the nature of the procedure is inquisitorial meaning there is a need to come up with evidences each party will be given the chance to present their evidences and another peculiar aspect of sharia court in the Philippines which is not applicable in the regular court is the concept of the Quranic oath or yamin. So what is this yamin? In the absence of evidences believing Muslim can go to the sharia court and invoke his right to do the yamin. It is a procedure whereby the person challenging his opponent to do an oath invoking the name of Allah SWT using the holy Quran. And this Quranic oath can replace the required witnesses under the regular court. So when you go to a sharia court for example and you want to file a case of divorce under leon you cannot bring four witnesses before the sharia court that your wife was engaged in adulterous relationship with another man because under Islamic law to prove an adultery case you have to bring into the court four persons who personally witnesses the act of cohabitation. This is very impossible. But the Islamic law provided yamin. In the absence of the witnesses you will take the Quran hold it and do the oath taking. Three times that you are saying the truth and in the fourth time you will invoke the wrath of Allah SWT if you are saying a lie. No sound Muslim a Muslim with sanity to do ayamin unless he is sure that what he is saying is true because the consequences of yamin is very very hard and it will send the person into hell. So telling a lie is prohibited under Islamic law. Okay so where can we find the sharia courts in the country? Under pd1083 there are five sharia judicial districts. The first district is found in Sulu the province of Sulu the second sharia district could be found in Tawitawi the third in Basilan that comprises Sambuanga del Sur cities of the Polo, Pagadian and Sambuanga city and the fourth district could be found in Lanao comprises Lanao del Norte cities of Iligan and Marawi and the fifth sharia district court is in Magindanao comprises the provinces of North Kutabato Sultan Kudarat as I have mentioned Kutabato city and what are the jurisdiction of the sharia district court so when we say exclusive only you can file the following cases at the sharia district level one all cases involving cost to the guardianship, legitimacy paternity affiliation under pd1083 number two dispensation distribution and settlement of state probate of wills issuance of letters of administrator or appointment of administrators petition declaration of absence and death cancellation or correction of interest in the muslim registries action and customary contracts and all petitions for mandamos, prohibition injunctions, certiorari and habeas corpus and concurrent original jurisdiction with the civil courts are the following petition by muslims for constitution of a family home change of name, commitment of an insane person personal and real actions mentioned in paragraph 1 of d of article 143 of pd1083 exception are the exception cases forcible entry and unlawful detainer spatial civil actions for inter pleader or declaratory relief when both parties are muslims and in appellate jurisdiction all cases tried in the sharia circuit courts for the sharia circuit courts there are six circuit courts in sulu eight in tauitawi, ten in basilan for some buangadal norti and sambogadil sambogasiti and pagadian and then there are 12 circuit courts in lanaw lanaw nortis or iliganan marawi and 15 magindanaw in north kutabato, sultan kutarat and kutabato city jurisdiction of sharia circuit courts exclusive original offenses defined and punished under pd1083 disputes relating to marriage, divorce, brutal or breach of contract to marry customary dower or mahar, disposition and distribution of property upon divorce maintenance and support restitution of marital rights and all cases involving disputes relative to communal properties there are actually 56 sharia circuit courts but only 36 are rational. The presence of sharia court in the country proves the sincerity of the government to address the peculiarity of the needs of the Muslims in the country without pd1083 we will have a very big problem in dealing with the Muslim personal laws because under the civil code subsequent marriage is prohibited but under Islamic law it is allowed Thank you