Legal Pluralism in the Philippines

Bibliographic Data

ID4085298
AuthorsMichael O Mastura (corresponding author)
Year1994
Volume28
Issue3
Pages461-475
Publication date1994-01-01
Open AccessYes
TypeARTICLE
VenueLaw & Society Review (JOURNAL)
Journal identifiersISSN: 0023-9216 • E-ISSN: 1540-5893
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/3054065
OpenAlexW2501186446
LanguageEN
Citations received6

Members of the Muslim minority in the Philippines have a distinctive legal culture whose rules and customs are grounded in Islam. To address this situation of legal pluralism, the government in 1977 enacted a Code of Muslim Personal Laws, which stands alongside the Philippines Family Code and Civil Code and officially recognizes the principle of plural legal regimes for at least one minority cultural and religious group within the general population. This article, written by a participant in the legislative process, explores the complexities of conceptualizing and drafting the Code. These complexities include the use of ethnographic descriptions of customary law within the Muslim community, the selection of rules from among the different schools of Islamic jurisprudence, and the harmonization of conflicts between the laws now applicable to Muslims and non-Muslims in the Philippines

Epistemology · Law and economics · Legal pluralism · Legal realism · Legal research · Pluralism (philosophy · Political science · Sociology · International Arbitration and Investment Law · Law · Philosophy

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