Di Filipina kini tuntutan mut’ah [disebut mut’a] ada diperuntukan dibawah suatu Und ang-Undang yang dinamai Presidential Decree No. 1083 [dirujuk didalam rencana ini sebagai Dikri sahaja].
Dikri tersebut menetapkan bahawa sekiranya terdapat apa-apa percanggahan undang-undang am atau undang-undang tempatan maka peruntukan yang terdapat didalam dikri tersebut adalah mengatasi dan terpakai.
Begitu juga jika terdapat adat tempatan yang bercanggah atau bertentangan dengan Perlembagaan Filipina, Dikri ini atau undang-undang Islam maka adat itu tiada mempunyai kesan kuatkuasa undang-undang yakni tidak terpakai adat itu. Lihat Perkara 5 Dikri.
Menurut Dikri tersebut mazhab-mazhab yang diktiraf dibawah Dikri tersebut adalah hanya terdiri dari 4 mazhab iaitu Mazhab Hanafi, Hanbali, Maliki dan Shafi’i sahaja. Lihat Perkara 6 dan Perkara 7 (e) Dikri.
Hukum Syarak (yang dirujuk sebagai Muslim Law / Shari’a dalam Dikri ini) adalah hukum yang berpandukan Quran dan Hadis (Perkara 7 (h)).
Menurut Perkara 155 (2)(f) Dikri Mahkamah Litar Syariah mempunyai bidangkuasa asal yang eksklusif (yakni sepenuhnya) untuk mendengar dan memutuskan kes tuntutan mut’ah.
Namun begitu perkataan/istilah Mut’ah tidak diberikan tafsiran secara umum mahupun khusus didalam dikri ini.
Maka dengan itu Hukum Syara’ dan pandangan-pandangan mazhab yang empat dari ahlul Sunnah adalah menjadi panduan mutlak dalam menafsirkan serta merungkaikan permasalahan tuntutan mut’ah dibawah Dikri tersebut.
Berikut ialah beberapa peruntukan Dikri tersebut berkenaan dengan isu tajuk Mut’ah untuk maklumat asas serta ringkas.
Presidential Decree No. 1083
"Code of Muslim Personal Laws of the Philippines"
A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.
WHEREAS, pursuant to the spirit of the provision of the Constitution of the Philippines that, in order to promote the advancement and effective participation of the National Cultural Communities in the building of the New Society, the State shall consider their customs, traditions, beliefs and interests in the formulation and implementation of its policies;
WHEREAS, Islamic law and its principles of equity and justice, to which the Filipino Muslim communities adhere, provide an essential basis for the fuller development of said communities in relation to the search for harmonious relations of all segments of the Filipino nation to enhance national unity;
WHEREAS, the enforcement, with the full sanction of the State, of the legal system of the Filipino Muslims shall redound to the attainment of a more ordered life amongst them;
WHEREAS, it is the intense desire of the New Society to strengthen all the ethno-linguistic communities in the Philippines within the context of their respective ways of life in order to bring about a cumulative result satisfying the requirements of national solidarity and social justice;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution of the Philippines, do hereby ordain and promulgate the "Code of Muslim Personal Laws of the Philippines" as part of the law of the land hereby decree:
Title and Purposes of Code
Article 1. Title. —
This decree shall be known as the "Code of Muslim Personal Laws of the Philippines."
Article 2. Purpose of Code. —
Pursuant to Section 11 of Article XV of the Constitution of the Philippines, which provides that "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 the law of the land and seeks to make Islamic institutions more effective;
(b) Codifies Muslim personal laws; and
(c) Provides for an effective administration and enforcement of Muslim personal laws among Muslims.
Construction of Code and Definition of Terms
Article 3. Conflict of provisions. —
(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. Construction and interpretation. —
(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. Proof of Muslim law and 'ada. —
Muslim law and 'ada not embodied in this Code shall be proven in evidence as a fact. No 'ada 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. Conflict in Islamic schools of law. —
(1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law (Madhahib), 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. Definition of terms. —
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, Madhahib) 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.
Shari'a District Courts
Article 138. Shari'a judicial districts. —
Five special judicial districts, each to have one Shari'a District Court presided over by one judge, are constituted as follows:
(a) The First Shari'a District shall comprise the Province of Sulu;
(b) The Second Shari'a District, the Province of Tawi-Tawi;
(c) The Third Shari'a District, the Province of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga;
(d) The Fourth Shari'a District, the provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and Marawi; and
(e) The Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan Kudarat, and the City of Cotabato;
Article 139. Appointment of judges. —
The judicial function in the Shari'a District Courts shall be vested in Shari'a District judges to be appointed by the President of the Philippines.
Article 140. Qualifications. —
No person shall be appointed Shari'a District judge unless, in addition to the qualifications for judges of Courts of First Instance fixed in the Judiciary Law, he is learned in Islamic law and jurisprudence.
Article 141. Tenure. —
Shari'a District judges shall be appointed to serve during good behavior until they reach the age of sixty-five years, or become incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same manner provided by law for judges of Courts of First Instance.
Article 142. Compensation. —
Shari'a District judges shall receive the same compensation and enjoy the same privileges as the judges of Courts of First Instance.
Article 143. Original jurisdiction. —
(1) The Shari'a District Court shall have exclusive original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code;
(b) All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property;
(c) Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of this Code;
(d) All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction.
(2) Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over:
(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.
Article 144. Appellate jurisdiction. —
(1) Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction.
(2) The Shari'a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit.
Article 145. Finality of decision. —
The decisions of the Shari'a District Courts whether on appeal from the Shari'a Circuit Court or not shall be final. Nothing herein contained shall affect the original and appellate jurisdiction of the Supreme Court as provided in the Constitution.
Article 146. Clerks and other subordinate employees. —
Shari'a District Courts shall have the same officers and other personnel as those provided by law for Courts of First Instance.
The pertinent provisions of the Judiciary Law regarding the number, qualifications, appointment, compensation, functions, duties and other matters relative to the personnel of the Courts of First Instance shall apply to those of the Shari'a District Courts.
Article 147. Permanent stations; offices. —
(1) The Shari'a District Courts shall have their respective permanent stations in the following places:
(a) First Shari'a District, Jolo, Sulu;
(b) Second Shari'a District, Bongao, Tawi-Tawi;
(c) Third Shari'a District, Zamboanga City;
(d) Fourth Shari'a District, Marawi City;
(e) Fifth Shari'a District, Cotabato City;
(2) The Shari'a District Courts may hold sessions anywhere within their respective districts.
(3) The provinces, cities or municipalities concerned shall provide such courts with adequate court office, supplies and equipment in accordance with the provisions of the Judiciary Law.
Article 148. Special procedure. —
The Shari'a District Courts shall be governed by such special rules of procedure as the Supreme Court may promulgate.
Article 149. Applicability of other laws. —
The provisions of all laws relative to the Courts of First Instance shall, insofar as they are not inconsistent with this Code, be applicable to Shari'a District Courts.
Shari'a Circuit Courts
Article 150. Where established. —
(1) Shari'a Circuit Courts shall be established as follows:
(a) Six such courts in the Province of Sulu;
(b) Eight in the Province of Tawi-Tawi;
(c) Ten in and for the Provinces of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian, and Zamboanga;
(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur and the Cities of Iligan and Marawi;
(e) Fifteen in and for the Province of Maguindanao, North Cotabato and Sultan Kudarat and the City of Cotabato.
(2) The territorial jurisdiction of each of the 'Shari'a Circuit Courts shall be fixed by the Supreme Court on the basis of geographical contiguity of the municipalities and cities concerned and their Muslim population.
Article 151. Appointment of judges. —
Each Shari'a Circuit Court shall be presided over by a Shari'a Circuit Judge to be appointed by the President of the Philippines.
Article 152. Qualifications. —
No person shall be appointed judge of the Shari'a Circuit Court unless he is a natural-born citizen of the Philippines, at least twenty-five years of age, and has passed an examination in the Shari'a and Islamic jurisprudence (fiqh) to be given by the Supreme Court for admission to special membership in the Philippine Bar to practice in the Shari'a Courts.
Article 153. Tenure. —
Shari'a Circuit judges shall be appointed to serve during good behavior until they reach the age of sixty-five years or become incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same manner provided by law for judges of Municipal Circuit Courts.
Article 154. Compensation. —
Shari'a Circuit judges shall receive the same compensation and enjoy the same privileges as judges of Municipal Circuit Courts.
Article 155. Jurisdiction. —
The Shari'a Circuit Courts shall have exclusive original jurisdiction over;
(1) All cases involving offenses defined and punished under this Code.
(2) All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 involving disputes relating to:
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property upon divorce;
(f) Maintenance and support, and consolatory gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal properties.
Article 190. Effectivity. —
This Code shall take effect immediately.
DONE in the City of Manila this 4th day of February in the year of Our Lord nineteen hundred and seventy-seven [04.02.1977).