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Shari'ah or Islamic law is partially implemented in the legal system of thePhilippines and is applicable only toFilipino Muslims. Shari'ah courts in the country are under the supervision of theSupreme Court of the Philippines.
Shari'ah courts in the Philippines until 2024 havejurisdiction over the Muslim-majorityBangsamoro as well as other parts ofMindanao outside that autonomous region. This scope was expanded nationwide in August 2024 via Republic Act No. 12018.
The Shari'ah court system in the Philippines was a result of the Presidential Decree 1083 issued by then-PresidentFerdinand Marcos on February 7, 1977, which is also known as theCode of Muslim Personal Laws on the advice of the now-defunct Commission on National Integration.[1]Shari'ah courts are under the administrative supervision of theSupreme Court of the Philippines.[2] Shari'ah in the country deals with Muslim customary and personal law,[3][4] and criminal law is excluded.
Republic Act 6734, which was the Organic Law of theAutonomous Region in Muslim Mindanao, recognized two district courts under the now-defunct autonomous region and provided for the establishment of a Shari'ah Appellate Court,[5] but such court was never established.
The Organic Law, which served as the foundation of theBangsamoro Autonomous Region in Muslim Mindanao, provides for the formation of a Shari'ah High Court for the region.[6]
There were proposals to establish sharia courts outside Mindanao due to the growing Muslim population outside the island group.[7][8] In May 2023, SenatorRobin Padilla during the19th Congress filed Senate Bill No. 2215 which would establish additional courts to cover most of the country– including three district courts. Under the proposal, most ofMindanao not already covered by existing sharia courts will now be accommodated. Localities inLuzon andVisayas will also now have sharia courts.[8] This was signed into on August 2024 via Republic Act No. 12018.[9][10]
There are eight Shari'ah District Courts in the Philippines, six of which has territorial jurisdiction over areas in Mindanao.[2][11] The Shari'ah District Court is roughly equivalent to theRegional Trial Court in the regular and secular Philippine court system.[12]
There are 63 circuit courts in the Philippines.[10] Their scope is comparable to that of the regular court system's city and municipal courts.[12]
TheBangsamoro Organic Law, which became effective as of August 10, 2018,[13] has provisions for the creation of a Shari'ah High Court for theBangsamoro region. The high court will, if and when realized, have exclusive appellate jurisdiction over Shari'ah districts within the autonomous region.[6]
TheCode of Muslim Personal Laws covers marriage done under Islamic rites. The same also recognizes divorce contrary to theFamily Code of the Philippines, which does not recognize divorce, barring most non-Muslim Filipinos from legally ending their marriage. The divorce between a non-Muslim and a Muslim is also recognized, such as the divorce case of aChristian woman and a Muslim man who was married under Islamic rites, which was upheld in 2016 by the Supreme Court.[14]
Under the Muslim code, a husband may seek a "perpetual divorce" from his wife or invokeli'an to end his marriage if his spouse commits adultery. The wife may seek the termination of her marriage with her husband by invokingfaskh if certain conditions are met, including if her spouse commits "unusual cruelty", suffers from insanity or affliction of an incurable disease, or neglects family support for six consecutive months.Talaq divorce may be invoked "may be effected by the husband in a single repudiation of his wife" after totally abstaining from sexual relations with his spouse.[14]
Until 2019, no current framework legislation was in effect that would allow the establishment ofIslamic banks or banks compliant with Shari'ah. On August 22, 2019, Republic Act 11439, which is also known as "An Act Providing for the Regulation and Organization of Islamic Banks," was signed into law. Said legislation became effective on September 15, 2019, and introductory regulations for Islamic banks were released by theBangko Sentral ng Pilipinas, the country's central bank, on December 31, 2019.[15]
Before 2019, the only Islamic bank allowed to operate was theAl-Amanah Islamic Bank, which was founded in 1973.[16] Legislation introduced in 2019 allowed foreign-based and domestic firms to establish full-fledged Islamic banks in the Philippines as well as the setting up of Islamic bank units or subsidiaries under secular banks.[15]
To become a lawyer under the Shari'ah court system of the Philippines, one must pass the Shari'ah Bar Exam which consists of the following subject matter: Code Muslim Personal Laws; Special Rules of Procedures; Jurisprudence (Fiqh), and the Muslim Law on Inheritance and Succession. A Shari'ah lawyer according to Bar Matter No. 681, a Supreme Court decision made en banc on August 5, 1993, is a "special member" of theIntegrated Bar of the Philippines and not a fully pledged member. Members of the Shari'ah Bar are eligible to become circuit court judges but only those who are members of both the Shari'ah Bar and Regular Bar could be district court judges.[1]
