Title.
Article 1
Open ↗ARTICLE 1. Title. — This decree shall be known as the "Code of Muslim Personal Laws of the Philippines."
Source
PD 1083 BOOK ONE
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
TITLE I TITLE AND PURPOSES OF CODE
Purpose of Code.
Article 2
Open ↗ARTICLE 2. Purpose of Code. — Pursuant to Section 11 of Article XV of the Constitution of the Philippines, which provides that "The State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies," this Code: (a) 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; (b) Codifies Muslim personal laws; and (c) Provides for an effective administration and enforcement of Muslim personal laws among Muslims.
TITLE II CONSTRUCTION OF CODE AND
Conflict of provisions.
Article 3
Open ↗ARTICLE 3. Conflict of provisions. — (1) In case of conflict between any provision of this Code and laws of general application, the former shall prevail. (2) Should the conflict be between any provision of this Code and special laws or laws of local application, the latter shall be liberally construed in order to carry out the former. (3) The provisions of this Code shall be applicable only to Muslims and nothing herein shall be construed to operate to the prejudice of a non-Muslim.
Construction and interpretation.
Article 4
Open ↗ARTICLE 4. Construction and interpretation. — (1) In the construction and interpretation of this Code and other Muslim laws, the court shall take into consideration the primary sources of Muslim law. (2) Standard treatises and works on Muslim law and jurisprudence shall be given persuasive weight in the interpretation of Muslim law.
Proof of Muslim law and 'äda.
Article 5
Open ↗ARTICLE 5. Proof of Muslim law and 'äda. — Muslim law and 'äda not embodied in this Code shall be proven in evidence as a fact. No 'äda which is contrary to the Constitution of the Philippines, this Code, Muslim law, public order, public policy or public interest shall be given any legal effect.
Conflict in Islamic schools of law.
Article 6
Open ↗ARTICLE 6. Conflict in Islamic schools of law. — (1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law (Madhähib), that which is in consonance with the Constitution of the Philippines, this Code, public order, public policy and public interest shall be given effect. (2) The Muslim schools of law shall, for purposes of this Code, be the Hanfi, the Hanbali, the Maliki and the Shafi 'i.
Definition of terms.
Article 7
Open ↗ARTICLE 7. Definition of terms. — Unless the context otherwise provides: (a) "Agama Arbitration Council" means a body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them. (b) "Ada" means customary law. (c) "General Register" means the General Register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments kept by the Registrar under this Code. (d) "Ihram" signifies the state of ritual consecration of a person while on pilgrimage to Mecca. (e) "Madhhab" (plural, Madhähib) means any of the four orthodox (Sunni) schools of Muslim law. (f) "Month" means a period of thirty days. (g) "Muslim" is a person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam. (h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations governing Muslims as found principally in the Qur'an and the Hadith. (i) "Muslim Personal Law" includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses as provided for in this Code.
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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
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