Raineir June M.

Pabiran I - Santos

Shariah Law I

1. Whether or not studying Shari'ah violates the 1987 constitution.

Answer:

No. Studying Shari'ah does not violate the 1987 constitution. Article XIV section 2(1), of the
1987 constitution specifically provides that the state shall "Establish, maintain, and support a
complete, adequate, and integrated system of education relevant to the needs of the people and
society". Also stated in Section 5 (1), (2) and (3), "the State shall take into account regional and
sectoral needs and conditions and shall encourage local planning in the development of
educational policies and programs. Academic freedom shall be enjoyed in all institutions of
higher learning. Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements." Mindanao being a Muslim
dominated area constitutes to the development of educational policies and programs such that
of integrating the study of shari'ah in one of its institutions. It is not even mandatory for every
Filipino citizen or aspiring lawyers to study Shari'ah law except those admitted in MSU law. For
that would be a violation of the separation of church and state as stated in Article II section 6 of
the constitution.

Furthermore, it is not even mandatory to every Filipino students in all races and
professions to study Shari'ah law. What it promotes is additional knowledge of MSU law
students in partaking the preservation of culture and development within the country and helps
in promoting peace within the region. To study Shari'ah law is not a protest of religious belief,
but merely to serve as an awareness that in dealing with matters affecting our Muslim brothers
and sisters it is important to know their culture and ways in order for us to progress as a nation,
undivided and inclusive.

The Constitutional provision that the “the state shall consider the customs, traditions,
belief, and interest of national cultural communities in the formulation and the implementation
of state policies”(Sec. 11, Art. XV, New Constitution) decreed Presidential Decree No. 1083,
otherwise known as the Code of Muslim Personal Laws. This provision intends to promote
progress in the relations between the Moro people and Christian communities within our
country, that in the pursuit of further development in promoting peace and order within the
country the state should consider certain values that would tear down the walls dividing the
nation.

In conclusion, studying Shari'ah law is not a protest of faith but a pursuit towards unity
within the region not just in Mindanao but all over the country, that in doing so we begin to
understand each other and learn how to live with each other in a peaceful just society. For this
very reason, studying Shari'ah law has never violated the constitution in fact it helps in
implementing its provisions.