Women’s Rights : Local And National Legislative Advocacy And Networking For Effective Law Enforcement in Philippines

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by : Isabelite Solamo Antonio


Introduction

Effective law enforcement is a centerpiece agenda in Philippine today. This paper is about the contribution of representatives of civil society, like us, to the great task of promoting women’s rights through legal and policy reform and through effective law enforcement. I will be sharing our:

1.  Local advocacy work which brought about :
• The creation of women’s desks in all police stations in the country.
•  The passage of a local ordinance called Davao City Women Development Code where women’s groups and policewomen/the women police force were part of the process.
2. National advocacy campaign for the legislative reform of the code of Moslem Personal Laws whose current provisions are detrimental to the reproductive health and rights of women.

Our work with the local police force started in 1985, during the martial law years when there were many women political prisoners detained without charges. The detained women were complaining that they were sexually harassed and some were even raped. Our center represented cases for rape victims. One disgusting episode in this dark history was an incident whereby the police establishment in our city offered not to file rebellion charges if we also drop the case of rape which we were preparing to file against the policeman. Of course, we advised our client not to compromise. Eventually, we could not build a case against the policeman for lack of evidence. But, this did not deter us from launching a campaign against all forms of harassment and violence against women in detention. We organized Women’s FORCE, a coalition of women’s organizations which:

1. Lobbied for the creation of women’s desk in the police establishment in the city.
2. Communicated this campaign to the executive department through the National Commission on The Role of Filipino Women (NCRFW).

An important ingredient in this policy advocacy work is media. Everything we did we informed the press. We had press releases not only in local media but also in national media. Of course, we also have members who are prominent journalists writing for the newspaper with the largest circulation in the country.

Perhaps, it helped that the executive director of the NCRFW was a founding member of our women’s organization, PILIPINA. In short, we were lobbying policymakers who shared our ideas and naturally worked with us. In the beginning, the women’s desk in police establishment was just created through an executive order or through the office of the President. Then, in 1998, when the legislature were ready to institute reforms in the police force, women’s group through the NCRFW made sure that a Women’s Desk in all police stations are created and that a Gender Sensitivity Program is instituted in the police force. Therefore, three provisions in the law modernizing the police force made possible theff:

1. The recruitment of ten percent of its annual recruitment, training, and education quota for women to the police force.
2. Appropriation of the amount necessary to carry out the creation of this social and physical infrastructure in the country.

The law that was passed had been informed by the context of our actual work. Even if the law was passed twelve years after we started our work, nevertheless, the law is evidence that our work had impact on policy making. We knew that we would always be swamped with cases of women victims of violence and with scarce resources we knew that we could not serve all women. So, we made sure that our work should have a bearing on policy reform so that it will have great reach and impact.


Local Legislation

In my city, there is a very vibrant women’s improvement from all walks of life. Some are militant, a majority are into social development work and some are members of civic organizations. We disagree on some points such as on our political affiliations but we usually agree on women’s issues. In many parts of Mindanao, local autonomy is a big issue. If one were to describe the some of the problems in Mindanao, foremost would be a very centralized governance. Thus, with a strong lobby from civil society, a local government code was enacted which provided windows for civil society participation in governance. Thus, in the local legislative council, for instance, there is a Committee on Women’s Welfare and Development. A long objective of the women’s movement is to put women in position of power and authority. And so, every election, local or national, we always campaign to put women in governance. Having women in the local legislature is a great help in local advocacy. Of course, it helped that funders were also willing to support this endeavor.

The local advocacy work did not happen overnight. For instance, our lobby work started in 1991 and the ordinance called the Davao City Women Development Code was passed into law in 1998. These intervening years meant organizing support from various stakeholders, women’s groups including policewomen who were part of our women’s network, research and many consultation.


What is the importance of a local law on women?

1. First, and foremost is the allocation of budget. The local women law provides that six percent of the Davao City Annual Development Fund for women and gender-sensitive development projects. The code also provides that thirty percent of Official Development Assistance should go to women’s projects.
2. Gender and development are mainstreamed and institutionalized in all agencies of the local government unit.
3. A gender and development office is created to coordinate all gender and development projects in the city.
4. A council of women at the basic local government unit or community is created to become the consultative assembly of the Integrated Gender and Development Coordination office housed in mayor’s office.

In practical terms,

a) It means now that line agencies and departments such as the Department of Health, (in Philippine local autonomy means national departments are devolved locally, i.e. national office has a line agency at the local level), Department of Public Works, etc. must now develop gender and development projects and must ensure all projects benefit women.

b) It means that all personnel must be knowledgeable about women’s issues, have the capacity to develop, implement, monitor, and evaluate programs for women.

What is the role of the civil society that helped pass the local ordinance for women. The same group formed itself into a Gender Watch Group that monitored the implementation of the Code of women. Of course, we found out that there is a need for training on how to develop, implement and evaluate gender and development programs.

The Women’s Desk In All Police Stations

As was mentioned earlier, the creation of this desk was through national legislation. But, because there is a local law creating gender and development programs, this law has also enhanced the national created women’s desk. A local appropriation or budget is possible. What is required is for the policewomen in the women’s desk is to submit an annual program, budget and work plan-much like what we do in NGOs. So, the women’s desk which was put in place through lobby by women’s groups has not only national but also local and international funding. The women’s desk of the Davao City Police Force for instance is able to access funds from the bilateral country programs of the national government, i.e. from UNICEF. Herein lies the strength of our city which has a local ordinance for women. To be able to access funds through this country program, an agency must have capability to implement and develop a women’s project. Other cities or local government units which do not have this track record have been excluded. For example, I learnt that local government unit from the Autonomous Region of Moslem Mindanao (ARMM) have not accessed these funds. I mean so much of funds from Official Development Assistance have not been accessed due to lack of capability of implementing projects.

The procedure in handling cases of violence in the women’s desk in the police stations is standard procedure: medical examination, sworn testimony sent to prosecution, referral to shelter agencies if required. Our own government hospitals have units called Women & Child Protection Unit which and some units enjoy funding from donors such as UNICEF and The British Council.

Although, it is standard procedure to refer to a victim of rape and violence to the medical examiner, it is also a reality that in police crime laboratories in local areas, there is no sophisticated forensic technology. Procedures for DNA Testing are still sent to the national capital.

PILIPINA have provided training to our policewomen. Of course, we were paid to do this with funds coming from our city government and private donors like UNICEF. The module is comprehensive: it has basic gender sensitivity, medical, legal components, handling cases of violence against women and child protection. It is a three day training and during the first years conducted two to three times a month.

The women’s desk deals only with what is called as gender based crimes and cases of children in especially difficult circumstance. For example, a case of a woman charged with common crimes like petty thief would not be handled by the police women’s desk.

Children in especially difficult circumstances include street children. Of course, this classification has gaps also. For example, enforcement of our archaic Anti Prostitution Law is handled by the traditional policemen. These are the policemen who figure our in raid of our so called houses of ill repute but always miss to bring to justice the owners of these establishment.



Areas For Study In Content of Law, Structures and Law Enforcement

1. We have confusing laws like anti prostitution which punishes the sex service providers only but not the consumer and not the owner of these sex establishments. Some women’s groups are working for the decriminalization of prostitution. We have an anti prostitution law but at the same time we have a city government that regulates prostitution by requiring restaurant waitresses and entertainers to secure a medical clearance. It is like you are banning it but at the same time regulating it. We have a policy that deploys thousands of women for work deployment to Japan as entertainers and prostitutes. We still have anti abortion laws that have forced women to seek clandestine underground abortion procedures that have endangered their lives.
2. Forensic technology should be available to women’s desk of local police units.

Addressing Lawmaker for Women’s Rights : The Process of Proposing Legal Reform to the Code of Moslem Personal Laws

The PILIPINA Legal Resource Center is currently working with the National Network for Moslem Women’s rights to propose changes to the current CMPL [1]. The proposed “Revised Code of Moslem Personal Law” was carefully shaped and nurtured through the years and it also involves organizing a critical mass of advocate who are committed to work for the passage of the proposed changes in the Code into a new law.

The process started with a research in 1988 by the PILIPINA Legal Resource Center (PLRC) on the aspiration of Moslem women in Mindanao. The next steps were legal literacy work for many years to popularize the Code and to discuss the provisions in the context of gender issues. In 1998, when our political party Abanse! Pinay [2] won a seat in the Congress and our party’s representative became the chair of the Committee on Women in the House of Representatives, PLRC regarded this as a methodological and political chance to work for legal reform. In 1999, PLRC started to facilitate the process of reviewing and changing some provisions of the Code of Moslem Personal Laws.

One of the current hurdles faced by the network is the labeling of the CMPL as “Islamic” which has essentially put it beyond the reach of justice. Animating a legal reform process with the Moslem community was bound to take issues with ethnic identity, i.e. non recognition of ethnic identity and cultural ethnocentrism.

There are among the most pressing and difficult issues we face. But, the difficulty of such issues is not justification for abandoning the aspirations of Moslem women; rather it is precisely the reasons why legal reform is especially crucial. For we are acutely aware that, on the questions of how and whether and when to pursue legal change, we who work as feminist advocating for legal and structural changes must take our lead from the women who live and work and struggle in grassroots, and not vice versa.

These efforts of the National Network for Moslem Women’s Rights to draft reform of the Code are based on progressive legislation in other Moslem countries. Early on, in the drafting stage, the network invite a representative of the network Women Living Under Moslem Laws to talk on progressive legislation in other Moslem jurisdictions.

The several consultation on the proposed reforms discussed lengthily the conflation between what is Islamic and what is Moslem. For instance, Islam is the religion or faith (the way of Allah) while Moslems are those who believe in Islam and attempt to practice it. Islam is an issue of theology. However, what Moslems (human fallible people) make of Islam is an arena open to social scientific inquiry. In other words, how human being understand and apply Islam in their contemporary realities and daily lives is at least an area of debate not only in the present but also throughout the past history of Moslem communities. There are commonalities i.e. the text of the Qur’an is not questioned. But, interpretations of what the message of the Qur’an means in the daily life of Moslems always have been questioned.

The Qur’an is separated from the classical formulation of Islamic law or Shari’ah by a process of legal development lasting more than two centuries. During this period the Qur’anic norms underwent considerable dilution, often to the detriment of women. It is common for Islamic law, which is the interpretation and application of the primary sources by early Moslems, to be mistaken with Islam itself.

The religious text of the Qur’an is considered by all Moslems to be the literal word of God. It is a primary source of Islamic law and contains approximately eighty (80) verses dealing with legal matters, most of which pertain to personal laws of family and inheritance. It is in the areas explicitly referred to by these verses that one finds little or no change in many Moslem communities. The term Moslem Personal Law (MPL) has been coined by various Moslem countries and jurists because it pertains to, among others, marriage, divorce, inheritance, polygamy, custody and guardianship which falls under the category of family law. It is interesting to note that all laws affecting the status of Moslem women in the Philippines and in many countries have historically been relegated to Moslem Personal Laws.

The gaps in the substantive law and the actual implementation as described have shown that Moslem Personal Laws are often practiced to the detriment of Moslem women. Philippines Moslem women have the same status problems in the private and public spheres of life as experienced by their fellow Philippines Christian counterparts but as members of a religious community, for Moslem women there seems to be another level of inequality which has found its way into some provisions of the Code of Moslem Personal Laws. For Moslem women, the rhythms, the patterns, the structure of everyday life are shaped by an intricate web of laws, rules, and customs often said to be Islamic and thus, not open to negotiation and change. That, what in fact is considered Islamic, it is in fact not Islamic (i.e., that which is divine or ordained) but Moslem (i.e. of those who adhere to Islam) and reflects the assimilation of Islam into prevailing structures, systems, and practices and hence explains the many significantly different varieties of Moslem societies or tribes that exist today.

The maximum impact of the codification of Moslem laws is felt in family and personal matters since it affects women disproportionately in a manner that undermines relations between women and men.

The discriminatory provisions pertains to freedom to choose one’s husband, guardian in marriage, unilateral oral divorce, polygamy, exercise of occupation or profession, family domicile, management of the household, support of the family, and inheritance. Women’s freedom and autonomy were considered by the discussants as important values in society.

Customary and religious laws and practices are often used as tools to control women’s sexuality and to maintain the imbalance of power in sexual relations. This affects women’s ability to participate in every level of social life – from decision making within her home and family, to education, employment and even her own body. For instance, early marriages, arranged marriages and polygamy are prevalent and sanctioned by the current CMPL – which is part of Philippine laws. Women feel unable to seek divorce if their husbands have extra-marital affairs since this is not a legal ground for divorce. Although cruelty is one of the grounds for divorce, our studies show that no cases for divorce have been filed on grounds of domestic violence, wife beating or marital rape.

Knowledge of Moslem laws is largely the monopoly of men. There are very few women Ulema [3].

Most ustajes are men and scholarships in Islamic studies are the preserve of men. The autonomous regions of Moslem Mindanao have the lowest literacy rates even as Philippines women are among the world’s most highly educated, with literacy levels of 94.3%. The task of demystifying the sources of these customary laws which reduce the autonomy of women must involve the training of many Moslem women scholars who will have the authority and confidence to claim the entitlements of women by searching for space within these customs or interpretations to reformulate laws based on social justice.

There is consensus in the network that the following discriminatory provisions are found in the following areas of the Code of Moslem Personal Laws:

1. The provision on hereditary rights which is different for both sexes.

2. The provision on oral divorce which is the unilateral prerogative of Moslem men.

3. The provision on domicile.

4. The provision on the right to work or practice one’s profession.

5. The provision on the management of the household.

6. The provision on child marriage which violate the rights of a child.

7. The operational definition of just treatment in subsequent marriage/s.



The following are specific areas of proposed revisions based on the rights/justice framework:

1. Consent in marriage - The mutual consent of the spouses is required. Consent of the woman is not presumed by the offer of the marriage guardian (Wali).
2. Age of Marriage - The age requirement for marriage has to be increased to eighteen for a Moslem male and seventeen for a Moslem female. It is proposed that for those individuals below the required age who wanted to marry, they must obtain a special permission from the Shari’ah Court. The Court may issue a license or certificate to marry after maturity tests have been made to ascertain that the person is mentally and psychologically mature. It is also suggested that contracting parties to the marriage should undergo marriage counseling.
3. Wali - The role of the wali is spelled out as someone who represents the best interest of the woman. Article 16, paragraphs (2) and (3) have to be deleted and a new provision on marriage guardian shall be included. In this suggested new provision, the extent of the wali’s participation or involvement in the marriage has to be specified. For instance, he shall not be allowed to compel a person under his guardianship to marry. He shall also be prohibited to give the woman in marriage without her consent.
4. Pre- Nuptial Agreement - Requirement of a pre-nuptial agreement regarding type of marriage whether monogamy or polygamy because under the Shari’ah contracts are sacred. It is suggested that a pre-nuptial or ante-nuptial agreement be entered into by the contracting parties immediately before the celebration of the marriage, stipulating among others; the property relations of the spouses; the amount, schedule and mode of payment of dower (mahr); agreement on support after ‘iddah in case of divorce; whether talaq be delegated to the wife; and the type of marital relations that will govern the marriage - whether monogamy or polygamy. It shall also be stipulated that violation of any of the agreements will be a ground for divorce. This pre-nuptial agreement will be made a formal requisite of marriage. 
5. Specification of mahr :
• The fixing of the amount or value of the dower should be specified to be done before the celebration of the marriage and not during or after the celebration. Hence, there is no longer a need for the wife to petition the court so as to determine the amount of the mahr.
•  The provision on mahr should also be amended to include a provision which requires that something valuable should be given to the woman for her to keep temporarily as a collateral/ security in cases of unpaid mahr.
• There has to be a new provision specifying that the agreed amount or value of mahr, its schedule and mode of payment should be stipulated in the pre-nuptial agreement and the marriage contract.
6. Child marriage – The proposal is towards abolition. Under the current law, a child marriage cannot be annulled if the marriage guardian (wali) is the father or paternal grandfather. This is a violation of a child’s rights.
7. Rights and Obligations Between Spouses.
• This provision on the rights and obligations between spouses has to be amended to include a provision requiring mutual consultation between the spouses as regards the fixing of the residence of the family. It should be part of the pre-nuptial agreement. 
• Article 36, paragraph (1) has to be amended to emphasize the sharing of responsibility between spouses in managing the affairs of household. 
• Paragraph (2) of the above-mentioned article has to be amended too. Said provision prohibits the wife from acquiring properties by gratuitous title without the consent of the husband, except from her relatives who are within the prohibited degrees in marriage. Apparently, the purpose of this provision is to avoid conflict in the family by reason of loss of trust. However, it will not be fair to the wife if such prohibition will not be applied to the husband. Hence, this provision should be amended such that both spouses should be prohibited to receive gifts or acquire properties by gratuitous title without the consent of the other. 
• Paragraph (3) of the same article should also be amended. The spouses should consult each other and mutually agree on the exercise of their profession or occupation or in the engagement of their lawful business.
8. Divorce a. The Code should be amended to include new provisions pertaining to the following: (a) grounds for divorce by talaq, (b) divorce by mubara’at and “conditional” divorce, and (c) essential requisites of divorce. It is suggested that the following be considered as essential requisites: 1) the decision to divorce is the free will of the spouse who initiates the divorce and that she/he not forced into it by her/his parents; 2) that the reasons for seeking divorce are valid and in accordance with the Code and the Moslem law; 3) that all the required approaches for reconciliation, including arbitration, have been exhausted, and; 4) that there must be the presence of two or more witnesses. Other conditions for divorce set by Moslem law must also be taken into account. The provision on divorce by talaq should be amended to include a particular mode of repudiation that shall be observed by the husband. It is suggested that there shall be formal repudiation (pronouncement of talaq) to be done in the court in the presence of two witnesses together with the Judge and the Clerk of Court. Such repudiation shall be reduced into writing and shall be filed with the Clerk of Court and a copy there of shall immediately be served to the wife.

The following are the proposed conditions for oral repudiation:

1. That there must be justifiable or valid grounds.
2. Repudiation must be done in the presence of two or more witnesses.
3. If the husband divorce his wife by talaq without complying the suggested
   essential requisites then the divorce shall be considered irregular if not invalid and as such, the wife shall continuously be entitled for support even beyond ‘idda or the waiting period.

Divorce by Faskh

The provision on divorce by Faskh should be amended to include more grounds such as: a marriage was entered into without the consent of the petitioning wife or her consent was obtained through force or duress and deceit, and; b) the failure of the husband to honor or comply with the stipulations or conditions of the prenuptial or ante-nuptial agreement.

1] Divorce is automatic once a husband contracts a subsequent marriage (tafwid).

2] Divorce by mutual agreement (Mubara’at) – This proposal neutralizes the prerogative of men to exercise unilateral divorce by oral repudiation. A Moslem husband does not need to petition the court to get a divorce. If he exercises oral repudiation (talaq) all he has to do is to repudiate the wife, file with the clerk of the Shari’ah court a written notice of such fact; wait for the expiration of the ‘idda. An Agama arbitration council is constituted which makes a report on the result of the arbitration; then the court issues an order of divorce. In reality, the courts practice divorce by mutual agreement even if this type of divorce is not found in the CMPL. In many instances, most divorce by talaq become divorce by mubara’at after the intervention of the court.

So, the following is the proposed formulation of divorce by mutual agreement: Either one or both of the spouses may petition the court for confirmation of their mutual agreement to divorce. Failure to register a divorce by mubara’at is punishable. (cf. Art 181 of Code )

9. The Waiting Period (‘Idda) - Article 57, section (b) of the Code should be amended to include the specific time when to start the counting of ‘idda or waiting period. It is suggested that in the case of divorce by talaq, the period of ‘idda shall be counted from the time the written notice is a copy of the one filed by the husband with the Clerk of Court of the Shari’ah Circuit Court which must be served to her in accordance with Article 161 of the Code. The notice filed by the husband is the conclusive evidence that talaq has been pronounced. However, in the case of divorce by Faskh and those other forms of divorce which require the wife to petition the court, the duration of ‘idda shall be up to the time a final decree of divorce is granted by the Shari’ah Court provided, that it shall not be less that three months from the time the petition was filed in the court.

10. Subsequent marriage (Polygamy) – The proposed reform is towards restriction of polygamy. Specifically, the proposal is for women and men to draw up a pre-nuptial agreement as to the type of marriage (whether monogamy or polygamy). This is in keeping with the cultural high regard to honor contracts because contracts are sacred under religious law or Shari’ah.

The following is the proposed reform on polygamy:

Notwithstanding the rule of Islamic law permitting a Moslem to have more than one wife but not more than four at a time, no Moslem male can have more than one wife, unless :

a. he can deal with them with equal companionship and just

b. treatment as enjoined by Moslem law and only in exceptional cases;

c. he has discussed the matter diligently with his current family before serving notice to the court;

d. the pre-nuptial agreement allows him; and

e. the court finds him capable.

Formulating an operational definition of equal companionship and just treatment in the provision on polygamy is also sought. Also, a husband should be required to file, in addition to the written notice, an application for permit to contract a subsequent marriage together with the necessary documents, such as: his income tax returns or in the absence thereof, his employer’s certification or affidavit stating his income to prove that he is financially stable hence, qualified to have another family. The application shall also indicate the number of children or dependents he is presently supporting. And in accordance with Article 27, the Shari’ah Court has to determine if the husband has the ability to provide “equal companionship” and “just treatment” to existing wife or wives and the incoming one. Furthermore, the Court should also ascertain if the subsequent marriage could be categorized as an “exceptional cases”. Therefore, the Shari’ah Court in deciding, should consider, first and foremost, the validity of the husband’s application to contract a subsequent marriage and should not be based the strength of the wife’s objection.

11. Rights and obligations between husband and wife – The proposed reform is to veer away from the protection mode towards equality of responsibility. In effect, there is a clamor for the reinterpretation of the religious injunction that declares men as protectors (qawamun) of women.

That men need to financially support women is based on the assumption that only the man is working or gainfully employed or that unpaid work at home and childcare are the turf of women. Reform, therefore, in this area need to highlight that both man and woman must share management of the household, share in childcare work. Or the state must be involved in childcare through social security policies.

12. Financial Provisions

a. Property of the Spouses

It is suggested that new provision should be included in the Code requiring (1) the listing of the exclusive properties of the spouses brought to the marriage in the pre-nuptial agreement and/or in the marriage contract; (2) the giving of a share to the wife who contributed her labor or industry in a business owned by the other spouse; (3) the giving of monthly allowance to the wife by the husband who disallows her to exercise her profession or occupation or to engage in business or trade. The above are suggested to protect the interest of the wife and to avoid possible manipulations to the husband.

b. Post Divorce Settlement and Maintenance

A new provision has to be included in the Code that will require the husband to pay his divorced wife additional amount, as a “penalty” but in a form of gift like the mut’ah which is observed in some Moslem countries (e.g. Malaysia). Mut’ah or a consolatory gift has a basis in the Qur’an but not provided in the Code. Although, it is interesting to note that in one decided case, the Shari’ah Judge awarded this to the divorced wife, citing the Qur’an as basis.

It is also suggested that another provision shall be included in the Code which will require the Shari’ah Court to order the husband, who is liable to give support, to deposit certain property in the court or place such property in trust as a security for the maintenance of the wife and/or children. This is suggested because oftentimes the husband, in spite of the decision of the court, chose to neglect his responsibility to give support to his wife and/or children.

c. Inheritance – The proposal is towards equity. The following is the reformulation sought: A daughter who is providing for or supporting the brothers and/or other members of the family or a daughter who is in dire need may petition the court for payment of her incurred expenses of support as well as payment for future expenses of support. Such support shall be charged to the estate.

13. Custody, Guardianship

The custody of the minor children up to the age of puberty shall be given to the mother. Children who have reached the age of puberty will be given the choice with whom they want to stay. Thus, paragraph (2) of Art. 78 may be deleted.

Mothers and other female relatives should be included in the list of persons authorized to act as guardians for marriage (wali) and guardians of minor’s property.

The word “father” should be changed to “parents”, “paternal grandfather “ to “grandparents”; “brother and other paternal relatives” to brother or sister and other paternal and maternal relatives”; “paternal grandfather’s executor or nominee”; or the “court” to “court or a person designated by the court”.

It is recommended that a provision will be included in the Code requiring the Shari’ah Court to order the husband, who is liable to give support, to deposit a certain property in the court or place that property in trust as a security for the maintenance of the children. The Shari’ah circuit court must also see to it that it will have a sheriff who could enforce the decision of the judge.

14. From Islamic to Moslem - In the introduction to the Code (spirit of the law) change the word “Islamic” to “Moslem.” This will emphasize the fact that written statutes are really based on human interpretation.

Concluding Remarks

The poverty situation in Moslem Mindanao is compounded by the fact that for Moslem women in Mindanao, the official legal landscape as evidenced by some provisions of the Code of Moslem Personal Laws is profoundly different and less liberating than those that apply to the majority of Philippines women. These discriminatory provisions in the Code of Moslem Personal Laws violate the gender equality provision of the Philippine Constitution and women’s rights as enshrined in international instruments.

Indeed, to an extent that it is dramatically different for women than for men, this body of rules mediates an individual’s ability to participate in every level of social life-from decision making within her home and family, to education, employment and public office. It calibrates and measures a woman’s value as a human being in her home and her society.

Culture as a way of life and source of laws must reflect current social changes. There is a growing critical mass of Moslem women in the Philippines who are convinced that some customary practices which violate international standards of human rights and which are no longer practiced by some Moslem women have been legislated. Laws are derived from customary, religious and social and political sources, each contributing its share towards denying women their legitimate rights. Since laws are supposed to be codifications of perceived social realities, then it must also reflect current social changes. And as nobody can comprehend the variety of human relations for all occasions and for all epochs, legislative enactments and judicial decisions must reflect this dynamism.



References

Abbas, Macapanton V. Jr. 1997. The Historical, Political, Social and Legal Justification for the Codification and Enforcement of Muslim Laws and Adat Law. Mindanao Journal (University Research Center, Mindanao State University). Vol. 111. Nos. 3-4 January. pp. 109-136.

Ali, ‘Abd Allah Yusuf. 1989. The Holy Qur’an: Text, Translation and Commentary. Bentwood, Maryland: Amanah Corp.

Antonio, Isabelita Solamo. 2000. Image of the Legal System Among the Tri-Peoples of Mindanao. In Leonen M.V.F. ed. 1st Alternative Law Conference. Lawyering for the Public Interest. Nov. 8-12, 1999 at the College of Law, University of the Philippines. Alternative Law Groups, Inc. Publication, 2000. pp. 50-69

‘Abd al-Ati, Hammudah. 1977. The Family Structure in Islamic. Indianapolis: American Trust Publication.

Ahmed, K. N. 1978. Muslim Law on Divorce. New Delhi: Kitab Bhavan.

Al- Qaradawi, Yusuf. 1960. The Lawful and Prohibited in Islam (Al-Halal Wal Haram Fil Islam). New Delhi: Hindustan Publications.

Barra, Hamid A. 1988. The Code of Muslim Personal Laws. A Study of Islamic Law in the Philippines. Marawi City: Mindanao State University.

Bautista, Esteban B. 1977. An Introduction to the Code of Muslim Personal Laws. Quezon City: Central Law Book Publishing Co.

Doi, Adb al- Rahman. 1984. Shari’ah: The Islamic Law. London: Ta Ha Publishers.

Gowing, Peter G. 1979. Muslim Filipino. Heritage and Horizon. Quezon City: New Day Publishers.

Honculada Jurgette & Ofreneo, Rosalinda Pineda. 2000. Transforming the Mainstream : Building a Gender Responsive Bureaucracy in the Philippines 1975- 1998. UNDP.

Mastura, Michael O. 1987. Shari’ah and Codification: Islamic Legislation in Relation to Legal reforms In the Philippines. Shariah Law Journal (International Islamic University, Malaysia). Vol. 4: 61-94.

PILIPINA Legal Resources Center. 1988. The Woman Underneath That Malong: The Implications of the Code of Muslim Personal Laws on the Muslim Women of Regions IX & XII.

Rauf, Muhammad Abdul. 1977. The Islamic View of Women and the Family. New York: Robert Speller & Sons.

Tamano, Mamintal A. 1973. How to Solve the Muslim Problem without Bullets. Solidarity. VIII/6: 17-26.



Legislation

Philippine National Police Reform & Reorganization Act of 1998 (Republic Act No. 8551).

The Women Development Code of Davao City and its Implementing Rules and Regulations ( City ordinance No. 5004 and E.O. no.24).

Islamic Family Law (Federal Territories) Act 1984 (Act 303).

Presidential Decree No. 1083 (February 4, 1977) otherwise known as the Code of Muslim Personal Laws of the Philippines.

1. The proposed “Revised CMPL” has officially been presented to the House of Congress through Rep. Abdulgani Salappudin, the Vice Chair of the Committee on Moslem Affairs and through Rep. Patricia Sarenas, Chair of the Committee on Women. It has also been presented to Senator Loren Legarda, The advocacy of the network for the passage of the proposed law continues.

2. Abanse! Pinay is a women’s political party with the goal of advancing

3. Ulema, an Arabic word, is the plural form of alim which literally means a learned person, generally used for an expert on Moslem jurisprudence.