Saturday, October 15, 2016

THE PRINCIPLES GOVERNING THE DRAFTING OF P.D. NO. 1083

 

The five principles that guided the code commission in drafting of the Code of Muslim Personal Laws are:

1. Since Islamic law is already considered a complete system of laws that comprise civil, criminal, commercial, political laws, etc., only those that were fundamentally personal in nature were codified.

2. Of the personal laws, those relative to acts which are absolute duties under Muslim law are included. Those acts which are absolutely prohibited remain prohibited.

3. Where the provisions of law on certain subjects were too complicated for a code, only fundamental principles were to be stated, and the details were left to judges for implementation.

4. No precept was to be incorporated in the code where it appeared to be contrary to the principles of the Constitution of the Philippines.

5. No precept of law was to be included unless it was based on the principles of Islamic law, as expounded by the four orthodox (Sunni) schools.

 

 

Source:  Commentaries on the Code of Muslim Personal Laws in the Philippines with Jurisprudence and Special Procedure (2011) by Bensaudi I. Arabani, Sr. Manila:  Rex Printing Company, Inc.

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