Assessing whether or not the Practice and Teaching of Shari’a is compatible with the 1987 Philippine Constitution.

    The 1987 Philippine Constitution strongly emphasizes the "separation of church and state," making it clear that both have their own roles, and they should not interfere with each other. This is backed by the Bill of Rights, which says no law should establish religion or stop people from practicing their faith freely. This separation is like a fence that keeps things in order, ensuring the government and religion don't mix in ways that could harm either.

Shari’ah, which is guidance from Allah for success, has raised questions about how it fits with the Constitution's separation of church and state. But the Constitution actually allows religion and the government to work together without favoring any one religion, as stated by the doctrine of benevolent neutrality.


In 2015, after the Comprehensive Agreement on the Bangsamoro (CAB), a Peace Council was formed to check the proposed Bangsamoro Basic Law (BBL). They followed these ideas:


  1. The Constitution needs laws to create autonomous regions;

  2. Making laws for these regions is vital to fix past problems and current issues;

  3. The autonomy in the Constitution is unique and comes from years of talks;

  4. The law should define government and special courts for personal, family, and property matters;

  5. To make real autonomy, we need to interpret the Constitution openly.


In practice, the Constitution established Shari’ah courts, addressing issues such as marriage and inheritance for Muslim-Filipinos through the Code of Muslim Personal Laws of the Philippines. These courts hold final authority in their decisions, yet they should also be subject to potential review by the Supreme Court.


In conclusion, the BBL, where Shari’ah practice is accommodated, complies with the constitution’s mandate for the creation of an autonomous region and it is within the framework of the 1987 constitution, and the national sovereignty as well as territorial integrity of the Republic of the Philippines. By understanding and respecting different faiths and interpreting the constitution openly, we can achieve true regional autonomy which will help us unite and make our nation stronger.


Sources:
The 1987 Philippine Constitution: A Comprehensive Reviewer (J. G. Bernas S. J., Trans.; 2011 edition). (2018). Rex Printing Company, Inc.
A. Cruz, I. (ca. 2014). Philippine Political Law (C. L. Cruz, Ed.; Bar Review Lecturer [Jurists Bar Review Center], Trans.; 2014th ed.). Central Book Supply, Inc.
I. Arabani, B., Sr. (2011). Commentaries on the Code of Muslim Personal Laws of the Philippines: With Jurisprudence and Special Procedure. REX Printing Company, Inc.
Imbong v. Ochoa, G.R. No. 204819, April 8, 2014.
U.S. Dept. of State, 2013 Report on International Religious Freedom – Philippines (July 28, 2014), available at http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm
Citizens' Peace Council, Executive Summary, Report of the Peace Council on the Bangsamoro Basic Law 1 (April 27, 2015), available at http://www.opapp.gov.ph/sites/default/files/peace-council-report-bbl.pdf
PHILIPPINE CONSTITUTIONAL EXCEPTIONALISM: MANAGING THE SEPARATION OF CHURCH AND STATE AND RELIGIOUS FREEDOM. (n.d.). https://cdn-legacy.iclrs.org/. https://cdn-legacy.iclrs.org/
Pres. Decree No. 1083 (4 February 1977)

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