E-Jurnal

The Legal Impediments to the Application of Islamic Family Law in the Philippines

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This study examines the legal impediments to the application of Islamic Family Law
in the Philippines. It is carried out by critically analyzing the legal effects of the
secular principles, the Constitution and other laws of the state towards the enforcement of Islamic family law in the Philippines. This research establishes that the
Islamic family law in the Philippines is part and parcel of the Philippine secular
laws, the enforcement of which is not a consideration of the religious beliefs of the
Filipino Muslims, but rather of their cultural traditions. The religious characteristics
of Islamic family law are not implemented in the country. The Shari’ah court in the
country is an integral part of the Philippine judicial system, yet deprived of the authority to enforce religious rulings or to administer Islamic religious institutions. A
woman or a non-Muslim is not legally disqualified for appointment as judge in
the Shari’ah court. The decision of the Shari’ah court can be appealed to the
Supreme Court of the Philippines, whose decision may possibly deviate from the
basic teachings of the Shari’ah. Whether such a decision has deviated from
the basic teachings of the Shari’ah or not, it will still become part of the Muslim
legal system in the country. These are among the legal impediments, restrictions,
conflicts and contradictions of enforcing the Islamic family law in a secular polity

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

: Routledge., 2007

Deskripsi Fisik

p 95-115

Bahasa

Indonesia

ISBN/ISSN

1360-2004

Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Vol. 27, No. 1

Subjek

HUKUM KELUARGA ISLAM-

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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