Clash of Legal Systems: Customary Law vs. National Law; A Comparative Study on the Application of the Indigenous Customary Laws and the Shariah Legal System in Resolving Disputes Within Their Respective Communities, and How They Interact With Philippine National Legal System

Abstract

In the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), three legal systems, the Philippine national law, Shari’ah (Islamic law), and traditional adat (customary practices) coexist, often clashing or blending in ways that deeply affect everyday life for the Bangsamoro people. This study explores how these systems interact, shaping social ties, economic opportunities, and political involvement in this post-conflict area of Southern Philippines. Driven by a desire to understand real-world challenges and strengths in this mixed legal setup, the research asks: How do these systems differ in delivering justice? What hurdles do communities face juggling them? How do they influence daily lives? Why do people prefer Shari’ah, especially due to language and faith? And how can they work better together? Using a qualitative approach, we interviewed 35 key people like Shari’ah judges, traditional leaders, officials, and community members, ran focus groups with 42 participants, observed 12 court and mediation sessions, and reviewed legal documents. The work draws on ideas like legal pluralism (multiple laws in one place), post-colonial influences, intersectionality (how overlapping identities affect experiences), and legal hybridity (blending systems). Findings show the Philippine system feels formal and distant, while Shari’ah and adat offer community-focused, restorative justice rooted in faith and culture. But overlaps cause confusion, language barriers exclude some, and marginalized groups like women and indigenous folks, face extra inequalities. These systems build social bonds but can spark economic disputes and political rifts. Faith and local languages make Shari’ah the go-to choice for many. Harmonizing them through initiatives like the Tri-Justice System could improve access and fairness. Ultimately, this study highlights the need for culturally sensitive reforms to turn legal diversity into a strength for peace and equity in BARMM, offering lessons for similar regions worldwide.