Abstract
A survey, conducted by the PILIPINA Legal Resources Center (PLRC) in the Philippines, on the extent of usage of, and the attitudes, aspirations and behavior of Muslim women in relation to the Code of Muslim Personal Laws (CMPL) found that the majority of Muslim women were not familiar with their official legal rights. The solution to the problem of lack of legal literacy is easy. The greater problem, as the survey indicated, is that women’s lack of autonomy is largely cultural, and justified by invoking customary laws and religious traditions. This worldview affects the individual’s ability to participate in every level of social life—from decision making within her home and family, to education, employment and public office. This chapter will discuss the implications of this research and what outreach projects have been implemented (including engagement with the UN Cedaw Committee) since it was undertaken, to overcome the problems revealed concerning Muslim women’s understanding of their legal rights in the Philippines.
PILIPINA Legal Resources Center (PLRC), founded in 1982, is a social development agency which implements development programs concerning women and the law. Its founders are members of PILIPINA, the Filipino national feminist movement. At the time of writing, PLRC continues all its advocacy work through various local, national and international networks.
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Notes
- 1.
The population of Mindanao according to the 2010 government census by the National Statistics Office was 21,582,540.
- 2.
The proposed ‘Revised CMPL’ was officially presented to the 11th Congress of the Philippines through Congressman Abdulgani Salapuddin, the Vice Chair of the Committee on Muslim Affairs, and through Congresswoman Patricia Sarenas, Chair of the Committee on Women. The advocacy by the network for the passage of the proposed law continues. Advocacy activities at the local government units and at the level of the Autonomous Region in Muslim Mindanao have also begun.
- 3.
Abanse! Pinay was a women’s political party which had the goal of advancing the women’s agenda in Congress through the election of three women sectoral representatives under the party-list system.
- 4.
The core members of the network came from the following organizations: Amanat Foundation, Al-Mujadilah Development Foundation, Kabuhi-anan Foundation, Salam Foundation, Ulama League of the Philippines, Davao Women Islamic Welfare Foundation, Bangsamoro Women Federation Multi-Purpose Cooperative, Bangsamoro Women Foundation for Peace and Development, Muslim Women of Basilan, Institute of Islamic Studies—U.P. Diliman, Sulu Media Arts, Jolo School Of Fisheries, Mindanao State University, Muslimah Resources and Integrated Development Center, Kadtuntaya Foundation, Saligan, professors at MSU-Tawitawi, Office of Muslim Affairs. These women and men represent the following Muslim tribes: Tausugs, Yakans, Maguindanaos, Maranaos, Kalagans and Samals. The PILIPINA Legal Resources Center convened this network in 2001.
- 5.
This study comes from the 20 country Women and Law Project of the Women Living Under Muslim Laws (WLUML), in which Isabelita Solamo-Antonio took part. The research results were published in Knowing our rights: Women, family, laws and customs in the Muslim world (WLUML 2006).
- 6.
These cases were heard in 5th Shari’a Circuit Court, Maguindanao (SHCC Civil Case no. 98-492 to 99-527).
- 7.
In the Philippines, absolute divorce is legal only for Muslims and is not available to the rest of the Filipino population. Apart from Vatican City, the Philippines is now the only country in the world which does not allow divorce for the majority of its population.
- 8.
This instance was Civil case no. 95-012, Rasmiah and Abdul Raof Dipatuan v Ali and Salic Onday for recovery of mahr and division of property after divorce, promulgated on 28 June 1996, in Marawi City.
- 9.
165 Supreme Court Reports Annotated 771.
- 10.
PD 1083, Art. 13.
- 11.
R.A. 6734 and R.A. 9054.
- 12.
Shari’a Circuit Court Case No. 2006-1074, Jolo, Sulu Archipelago, 2006.
- 13.
These organizations include Women Living under Muslim Laws (Pakistan), Sisters in Islam (Malaysia), and Fatayat NU (Indonesia).
- 14.
This was a case handled by Attorney Emelina Quintillan.
- 15.
A much later 1988 Family Code is in place for the rest of Filipinos, except that this law does not provide for absolute divorce.
- 16.
A copy of this fatwa is also found in the unpublished book, 2012 Benchbook on the Code of Muslim Personal Laws and the UN Cedaw, PILIPINA Legal Resources Center.
- 17.
Article 16 (3) of the Muslim Code provides that marriage, through a wali, of a minor below the prescribed ages shall be regarded as betrothal, and may be annulled upon the petition of either party within four years of attaining the age of puberty, provided that no voluntary cohabitation has taken place and that the wali who contracted the marriage was other than the father or paternal grandfather of the bride.
- 18.
A part of our work in Muslim communities was published in Dossier 27 (WLUML 2005).
References
AED (Academy for Educational Development). (2006, March). Fatwa awareness survey in the autonomous region in Muslim Mindanao. Final Report, p. 19. http://pdf.usaid.gov/pdf_docs/PNADF936.pdf. Accessed 2011.
CEDAW. (1994, April 2). General recommendation 21: Equality in marriage and family relations. CEDAW, Office of the High Commissioner for Human Rights. http://www.unhchr.ch/tbs/doc.nsf/0/7030ccb2de3baae5c12563ee00648f1f? Accessed 2011.
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Rodil, B. R. (2003). A story of Mindanao and Sulu in question & answer. Davao City: MINCODE.
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WLUML. (2005, December). Dossier 27. London: WLUML.
WLUML. (2006). Knowing our rights: Women, family, laws and customs in the Muslim world (3rd ed.). London: WLUML.
Legislation and Legal Instruments
Concluding comments of the Committee on the Elimination of Discrimination against women: Philippines, Committee on the Elimination of Discrimination Against Women, http://www.un.org/womenwatch/daw/cedaw/36sess.htm
Presidential Decree No. 1083 (4 February 1977): Otherwise known as the Code of Muslim Personal Laws of the Philippines.
Republic Act 9054 or the New Organic Act: The law creating the Autonomous Region in Muslim Mindanao (ARMM) amended in 2001.
UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979.
1988 Family Code of the Philippines (Executive Order No. 209 as amended by Executive order No. 227).
Acknowledgments
The author wishes to acknowledge Attorney Emelina Quintillan, PLRC co-founder and consultant for international development programs, for her comments on the draft of this paper.
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Solamo-Antonio, I. (2015). The Philippine Shari’a Courts and the Code of Muslim Personal Laws. In: Possamai, A., Richardson, J., Turner, B. (eds) The Sociology of Shari’a: Case Studies from around the World. Boundaries of Religious Freedom: Regulating Religion in Diverse Societies, vol 1. Springer, Cham. https://doi.org/10.1007/978-3-319-09605-6_6
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