Tying the knot of marriage and equality : the legal implications of extending the scope of intermarriage under the code of Muslim personal law / Al-Zhayeeb C. Hamin.
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: x, 138 leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: In this modern time,intermarriage is no longer a taboo but a social reality, however, in the Philippines,there is still seems to be an issue when it comes to intermarriages particularly on the part of Filipino Muslim women marrying Filipino non-Muslim Men. Hence, this study aims to determine whether there is a need to extend the scope of Article 13 (1) of the Code of Muslim Personal Law to a Muslim woman marries non-Muslim.
The study was conducted in Cebu City and Zamboanga City, and a total number of eleven informants composed of young adults, aged Muslim individuals, and Shari' ah law experts interviewed. A qualitative-case study research design was utilized in determining the issues and challenges faced by Muslims when it comes to marriages,and the responses of the informants were analyzed by common themes, categorizing the answers to determine the implications of introducing amendments to the laws to accommodate intermarriages. The study showed that there are indeed issues and challenges that couples face when congregating in an intermarriage system.
The issues are seen largely on gender differences,religious compulsion,and seemingly non- acceptance of intermarriage in the Muslim community. While this comes as a reality in the Muslim community in the Southern part of the Philippines,,treaties to which the Philippines is a signatory, and other Philippine and foreign laws and jurisprudence present a more vivid platform to empower Muslim women and give them rights disregarding religious dogmas and other traditional forms. Thus,it is recommended in this study,that using right-based theory,functionalism. and legal pluralism, as theoretical anchors and standpoints,there is a need to extend Article 13(1) to a Muslim woman who marries a non-Muslim without gender preferences and required conversion.
The Code of Muslim Personal Code is a personal law based on Islamic norms and beliefs. However, the code should also adhere to fundamental law of the land and existing treaties. In order to utilize its full potential in protecting the rights and obligations of every Filipino Muslim, it must adopt modern approaches which will allow it to extend its application to intermarriage disregarding gender preferences and required conversion.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Periodicals | T H18ty 2018 (Browse shelf) | Not for loan | 3UCBLL00008570 |
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Thesis (Degree of Jursis Doctor)-- University of Cebu-Banilad,2018.
Includes references (leaves 107-111).
Summary: In this modern time,intermarriage is no longer a taboo but a social reality, however, in the Philippines,there is still seems to be an issue when it comes to intermarriages particularly on the part of Filipino Muslim women marrying Filipino non-Muslim Men. Hence, this study aims to determine whether there is a need to extend the scope of Article 13 (1) of the Code of Muslim Personal Law to a Muslim woman marries non-Muslim.
The study was conducted in Cebu City and Zamboanga City, and a total number of eleven informants composed of young adults, aged Muslim individuals, and Shari' ah law experts interviewed. A qualitative-case study research design was utilized in determining the issues and challenges faced by Muslims when it comes to marriages,and the responses of the informants were analyzed by common themes, categorizing the answers to determine the implications of introducing amendments to the laws to accommodate intermarriages. The study showed that there are indeed issues and challenges that couples face when congregating in an intermarriage system.
The issues are seen largely on gender differences,religious compulsion,and seemingly non- acceptance of intermarriage in the Muslim community. While this comes as a reality in the Muslim community in the Southern part of the Philippines,,treaties to which the Philippines is a signatory, and other Philippine and foreign laws and jurisprudence present a more vivid platform to empower Muslim women and give them rights disregarding religious dogmas and other traditional forms. Thus,it is recommended in this study,that using right-based theory,functionalism. and legal pluralism, as theoretical anchors and standpoints,there is a need to extend Article 13(1) to a Muslim woman who marries a non-Muslim without gender preferences and required conversion.
The Code of Muslim Personal Code is a personal law based on Islamic norms and beliefs. However, the code should also adhere to fundamental law of the land and existing treaties. In order to utilize its full potential in protecting the rights and obligations of every Filipino Muslim, it must adopt modern approaches which will allow it to extend its application to intermarriage disregarding gender preferences and required conversion.
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