SHA135 art 1 to art 44

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6 Terms

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Article 1. Title

This decree shall be known as the ‘Code of Muslim Personal Laws of the Philippines’

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Code

body of law established by legislative authority of the State, and designed to regulate completely, so far as a statue may, the subject to which it relates.

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Personal Laws

which appertains to person, which follows the person

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The code of muslim personal law (CMPL)

  • Body of laws that treats of personal laws of muslims in the philippines

  • Body of laws, the principal & direct immediate object of which is personal legal system of philippine muslims

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Article 2. Purpose of the Code

Pursuant to Sec 11 of Art XV of the constitution of the Philippines, which provides that the ‘The state shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies,” this code:

(a) Recognizes the legal system of the muslims in the philippines as part of law of the land

(b) Codifies muslim personal laws; and

(c) Provides for an effective administration and enforcement of muslim personal laws among muslims.

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Article 3. Conflicts of provisions

(1) In the case of conflict between any provision of this code and laws of general application, the former shall prevail.

(2) Should the conflict be between any provision of this code and special laws or laws of local application, the latter shall be liberally construed in order to carry out the former.

(3) The provisions of this code shall be applicable only to muslims and nothing herein shall be construed to operate tk the prejudice of an non-muslim