Research Article
Differences in Muslim and National Laws on Minimum Age Restrictions for Marriage in the Philippines
@INPROCEEDINGS{10.4108/eai.20-10-2021.2316347, author={JM. Muslimin and Rahmatul Ummah}, title={Differences in Muslim and National Laws on Minimum Age Restrictions for Marriage in the Philippines}, proceedings={Proceedings of the 4th International Colloquium on Interdisciplinary Islamic Studies in conjunction with the 1st International Conference on Education, Science, Technology, Indonesian and Islamic Studies, ICIIS and ICESTIIS 2021, 20-21 October 2021, Jambi, Indonesia}, publisher={EAI}, proceedings_a={ICIIS AND ICESTIIS}, year={2022}, month={2}, keywords={minimum restrictions philippines muslim law marriage age}, doi={10.4108/eai.20-10-2021.2316347} }- JM. Muslimin
Rahmatul Ummah
Year: 2022
Differences in Muslim and National Laws on Minimum Age Restrictions for Marriage in the Philippines
ICIIS AND ICESTIIS
EAI
DOI: 10.4108/eai.20-10-2021.2316347
Abstract
The codification of Muslim law in the Philippines has brought Muslims to be considered increasingly different from the rule of national law. The reason is, the rules regarding the minimum age limit for marriage have differences in the rules of the two laws. This paper discusses the existence of inequalities between Muslim Law and National Law in the Philippines, especially regarding the minimum age limit for marriage. This paper argues that the inequality of the two rules is due to the different basis of their own enforcement. Muslim law contained in the Code of Muslim Personal Laws is a law that applies specifically to the Muslim community in the Philippines, this law was issued as a way to reconcile political conflicts between the government and the Muslim community referring to the rules of Islamic law. In contrast to the National Law contained in the Family Code of the Philippines, this law is based on the adoption of western and Catholic law. It is clear here that both of them already have different religious understanding bases.