“Whosoever of you sees an evil, let him change it with his hand; and if is not able to do so, then with his tongue; and if he is not able to do so, then with his heart – and this is the weakest of faith.”
Let us first look at the features of the law. What does it say? As I mentioned, intentions are noble. It recognizes the vital role of the youth in nation-building and promotes their physical, moral, spiritual, intellectual, and social well-being. It recognizes the role of women in nation-building and protects and promotes their empowerment and seeks to abolish unequal structures and practices that perpetuate discrimination and inequality.
Unfortunately, this law has been signed by the President last month. Yet we have some reprieve as a transition period of one year takes the marriages of Muslims and indigenous peoples from the penal provisions of this law. This conflict of jurisdictions – a national criminal law that infringes on the civil law authorities of the region – could have been prevented, mitigated, or at the very least discussed had we worked for the timely institution of the Philippine Congress-Bangsamoro Parliament Forum. Unfortunately, while our composition from the Bangsamoro Parliament is ready, we are until now awaiting the appropriate action of our counterparts in the national Congress.
Mr. Speaker, honorable colleagues, this law, I argue, goes into the heart of these basic principles of our faith. but in fact penalizes those who intend to take the more responsible route of marriage over other non-marital relations – the route that not only carries with it obligations but also vests rights to the couple as well as the children born therein. I don’t suppose we imagine that our young are or can be without contact or interaction until the age of 18.
And finally, what happens to the children born within that wedlock? While they would normally be protected and have rights as legitimate children under Islamic law as well as prior Philippine laws, this new law will consider them illegitimate.
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