Code of Muslim Personal Laws

Article 3

(1) In 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 to the prejudice of a non-Muslim.

Article 4

(1) In the construction and interpretation of this Code and other Muslim laws, the court shall take into consideration the primary sources of Muslim law. (2) Standard treatises and works on Muslim law and jurisprudence shall be given persuasive weight in the interpretation of Muslim law.

Article 5

Muslim law and 'äda not embodied in this Code shall be proven in evidence as a fact. No 'äda which is contrary to the Constitution of the Philippines, this Code, Muslim law, public order, public policy or public interest shall be given any legal effect.

Article 6

(1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law (Madhähib), that which is in consonance with the Constitution of the Philippines, this Code, public order, public policy and public interest shall be given effect. (2) The Muslim schools of law shall, for purposes of this Code, be the Hanfi, the Hanbali, the Maliki and the Shafi'i.

Article 7

Unless the context otherwise provides: (a) "Agama Arbitration Council" means a body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them. (b) "Ada" means customary law. (c) "General Register" means the General Register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments kept by the Registrar under this Code. (d) "Ihram" signifies the state of ritual consecration of a person while on pilgrimage to Mecca. (e) "Madhhab" (plural, Madhähib) means any of the four orthodox (Sunni) schools of Muslim law. (f) "Month" means a period of thirty days. (g) "Muslim" is a person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam. (h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations governing Muslims as found principally in the Qur'an and the Hadith. (i) "Muslim Personal Law" includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses as provided for in this Code.