Liongson, Inah Mae A.

Muslim law
Sharia law only applies to civil cases involving all Muslims nationwide. Cases are handled in the
Autonomous Region in Muslim Mindanao and a couple of Mindanao provinces that are not part
of ARMM by both sharia district and circuit courts, organized into five sharia districts. Outside
these areas, sharia-related cases are processed in civil courts under a session from the five sharia
districts. 1
1. Primary Sources:
Code of Muslim Personal Laws in the Philippines (P.D 1083)
-

The Code of Muslim Personal Laws, was enacted to promote the advancement and effective
participation of the National Cultural Communities, and the State shall consider their
customs, traditions, beliefs and interests in the formulation and implementation of its
policies.2

Quran
-

The Qurn contains specific laws and legal principles for governing Islamic society, such as
laws of inheritance; Islamic law in its systematized form is known as Sharah. 3
Sunnah

The body of traditional social and legal custom and practice of the Islamic community. Along
with the Qurn (the holy book of Islam) and Hadith (recorded sayings of the
Prophet Muhammad), it is a major source of Sharah, or Islamic law.4

2. Secondary Sources:

Abubakar, Carmen. The Convention on the Rights of the Child and Islamic Law:
Convergence and Divergences: The Philippine Case . Q.C.: U.P. Institute of Islamic
Studies (2006) 104p.
Alauya, Saaduddin A. Muslim Inheritance Law . 3 rd ed. Manila: Rex Book Store (2005)
209p.
Alauya, Saaduddin . Quizzer in Muslim Personal Law With Legal Opinion . 4th ed.
Manila: Rex Book Store (2007) 274p.
Antonio, Isabelita . The Sharia Courts in the Philippines: Women, Men & Muslim
Personal laws. Davao City: FILIPINA Legal Resource Center (2003) 164p.
Arabani, Bensaudi. Commentaries on the Code of Muslim Personal Laws of the
Philippines with Jurisprudence and Special Procedure. Manila: Rex Book Store (2011)
947p.
Bara-acal, Amer . Muslim Personal Laws in the Philippines. Q.C. : Central Book Supply
(1998) 376p.
Barra, Hamed Aminoddin. The Code of Muslim Personal Law: A Study of Islamic Laws
in the Philippines . Marawi City: Mindanao State University (1986) 198p.

Bautista, Esteban. An Introduction to the Code of Muslim Personal Laws . Q.C. : Central
Book Supply (1977) 75p.
Gender, Muslim Laws and Reproductive Rights . Davao City: PILIPINA Legal Resource
Center (2001) 90p.
Majul, Cesar Adib. The General Nature of Islamic Law and Its Application in the
Philippines . (1976)
Rasul, Jainal . Commentaries and Jurisprudence on the Muslim Code of the
Philippines. Q.C.: Central Book Supply (1984) 469p.
Rasul, Jainal D. Comparative Laws: Family Code of the Philippines and the Muslim
Code . Manila: Rex Book Store, Inc. (1994) 526p.

____________________
1

Code of Muslim Personal Laws in the Philippines

G.R. No. 194075 Pacasum Jr. v Atty Zamoranos

http://www.britannica.com/topic/Quran

http://www.britannica.com/topic/Sunnah

International Law
-

International law governs relations between independent States. The rules of law binding
upon States therefore emanate from their own free will as expressed in conventions [treaties]
or by usages [customary state practice] generally accepted as expressing principles of law and
established in order to regulate the relations between these co-existing independent
communities or with a view to the achievement of common aims. 1
(Fundamental Perspective of International Law William Slomanson 6 th edition endnote 17
The S.S. Lotus
(France v. Turkey), 1927 PCIJ, Series A, No. 10, 18.)

1. Primary Sources:

Treaties
-

A treaty is an agreement or a contract between two (bilateral) or more (multilateral)

nations or sovereigns, entered into by agents appointed (generally the Secretary of
Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme
powers of the respective countries. Treaties that do not have legislative sanctions are
executive agreements which may or may not have legislative authorization, and
which have limited execution by constitutional restrictions

In the Philippines, a treaty or international agreement shall not be valid and effective
unless concurred in by at least two-thirds of all members of the Senate (Constitution,
Article VII, section 21). Those without the concurrence of the Senate are considered
as Executive Agreements.2
2. Secondary Sources:

Philippine Treaty Series . Q.C.: U.P. Law Center. (1946- ) v.1- .

Supreme Court E-Library (1948-2007) and CD Rom
Malaya, Eduardo. Philippine Treaties Index, 1946-2010 . Q.C.: Central Book
Supply (2010).

____________________
1

(Fundamental Perspective of International Law William Slomanson 6 th edition endnote 17 The S.S.
Lotus (France v. Turkey), 1927 PCIJ, Series A, No. 10, 18.)
2

Hauser Global Law School Program, New York University School of Law