confucius on simplicity

Confucius says… simplicity

In an earlier article, I briefly mentioned about Church leaders’ absolute rejection of the use of birth control methods that in effect stands in the way of citizens’ civic responsibility. In this article, I’m adding to this topic by mentioning another issue that’s disallowed by Church leaders:  Divorce. Church leaders’ absolutist stand against divorce when they are fully aware of it’s impact particularly on already disintegrated families is just plain cruelty. Why should Church leaders dictate on your personal right to an openly happy and fulfilling life?

Divorce is again being revived by women’s party lists and as to how to re-frame this divisive topic, perhaps we should look to Presidential Decree 1083 (signed 1977) also known as the Code of Muslim Personal Laws of the Philippines (yes, there is such a Code!) specifically on the provisions for divorce or talaq may help, viz.

Section 1. Nature and Form

Article 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses. It may be effected by:

(a) Repudiation of the wife by the husband (talaq);

(b) Vow of continence by the husband (ila);

(c) Injurious assanilation of the wife by the husband (zihar);

(d) Acts of imprecation (li’an);

(e) Redemption by the wife (khul’);

(f) Exercise by the wife of the delegated right to repudiate (tafwld); or

(g) Judicial decree (faskh).

Article 46. Divorce by talaq.

(1) A divorce by talaq may be affected by the husband in a single repudiation of his wife during her non-menstrual period (tuhr) within which he has totally abstained from carnal relation with her. Any number of repudiations made during one tuhr shall constitute only one repudiation and shall become irrevocable after the expiration of the prescribed ‘idda.

(2) A husband who repudiates his wife, either for the first or second time, shall have the right to take her back (ruju) within the prescribed ‘idda by resumption of cohabitation without need of a new contract of marriage. Should he fail to do so, the repudiation shall become irrevocable (Talaq bain sugra).

Article 47. Divorce by Ila. Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing.

Article 48. Divorce by zihar. Where the husband has injuriously assimilated (zihar) his wife to any of his relatives within the prohibited degrees of marriage, they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. The wife may ask the court to require her husband to perform the expiationor to pronounce the a regular talaq should he fail or refuse to do so, without prejudice to her right of seeking other appropriate remedies.

Article 49. Divorce by li’an. Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li’an).

Article 50. Divorce by khul’. The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul’) from the marriage bond, petition the court for divorce. The court shall, in meritorious cases and after fixing the consideration, issue the corresponding decree.

Article 51. Divorce by tafwid. If the husband has delegated (tafwid) to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and the repudiation would have the same effect as if it were pronounced by the husband himself.

Article 52. Divorce by faskh. The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds :

(a) Neglect or failure of the husband to provide support for the family for at least six consecutive months;

(b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year;

(c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code;

(d) Impotency of the husband;

(e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family;

(f) Unusual cruelty of the husband as defined under the next succeeding article; or

(g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali.

Article 53. Faskh on the ground of unusual cruelty. A decree of faskh on the ground of unusual cruelty may be granted by the court upon petition of the wife if the husband:

(a)Habitually assaults her or makes her life miserable by cruel conduct even if this does not result in physical injury;

(b) Associates with persons of ill-repute or leads an infamous life or attempts to force the wife to live an immoral life;

(c) Compels her to dispose of her exclusive property or prevents her from exercising her legal rights over it;

(d) Obstructs her in the observance of her religious practices; or

(e) Does not treat her justly and equitably as enjoined by Islamic law.

Article 54. Effects of irrevocable talaq or faskh. A talaq or faskh, as soon as it becomes irrevocable, shall have the following effects:

(a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code;

(b) The spouses shall lose their mutual rights of inheritance;

(c) The custody of children shall be determined in accordance with Article 78 of this code;

(d) The wife shall be entitled to recover from the husband her whole dower in case the talaq has been affected after the consummation of the marriage, or one-half thereof if effected before its consummation;

(e) The husband shall not be discharged from his obligation to give support in accordance with Article 67; and

(f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated.

Article 55. Effects of other kinds of divorce. The provisions of the article immediately preceding shall apply to the dissolution, of marriage by ila, zihar, li’an and khul’, subject to the effects of compliance with the requirements of the Islamic law relative to such divorces.

Section 2. ‘Idda

Article 56. ‘Idda defined. ‘Idda is the period of waiting prescribed for a woman whose marriage has been dissolved by death or by divorce the completion of which shall enable her to contract a new marriage.

Article 57. Period.

(1) Every wife shall be obliged to observe ‘idda as follows:

(a) In case of dissolution of marriage by death, four months and ten days counted from the death of her husband;

(b) In case of termination of marriage by divorce, for three monthly courses; or

(c) In case of a pregnant women, for a period extending until her delivery.

(2) Should the husband die while the wife is observing ‘idda for divorce, another ‘idda for death shall be observed in accordance with paragraph 1(a).

The above provisions clearly state the parameters in which divorce are allowed, which is basically what the hype is all about. We contend that the Islam way of life is constricting, but in fact in certain aspects it’s essentially more progressive, practical, and respectful.

Another case in point: Acknowledgment by father (of his children). The same Code provides,

Article 63. Acknowledgment by father. Acknowledgment (igra) of a child by the father shall establish paternity and confer upon each the right inherit from the other exclusively in accordance with Article 94, provided the following conditions are complied with:

(a) The acknowledgment is manifested by the father’s acceptance in public that he is the father of the child who does not impugn it; and

(b) The relations does not appear impossible by reason of disparity in age.

Whereas it took us mainstream Catholics/Christians 27 years (after 1977), but not before having subjected to hell thousands of parents to produce this and that documentation and having made a volleyball out of innocent young children as when they were referred to on public policy papers illegitimate this and illegitimate that, to finally put into law Republic Act 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father). My god. Oftentimes, we complicate human life unnecessarily.

As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness.

― Henry David Thoreau

Food for thought (going forward toward understanding and assimilating with our Filipino Muslim brothers and sisters).

Happy Independence Day!

As long as I can remember, it used to be that Philippine Independence Day (119th today) is merely a lukewarm celebration of sorts in localities dependent on the budget that a local government has allocated (which corresponds to the extent of regard local government has for the history behind Filipino liberty and freedoms). What my stay in Mindanao at this time has taught me is that independence cannot, should not be taken for granted, ever. Local governments should stage community celebration of this historical event, remembering the people in the past as well as in the present and their sacrifices in order that the country remain free and independent. Independence Day is so much more worth the public celebration than fiestas. Such would be the place to acknowledge past mistakes and our limited humanity, and in the spirit of humility resolve to do better. The aim of this community ritual, like reunions, is for community members to reconnect around a common history and purpose moving forward. We’re always blaming the Spaniards and Americans – colonizers – for our inability to break through poverty (economic as well as in attitude) but, hey, the people and governments who colonized ithe country are long dead or gone and changed. Since then we only had ourselves to blame. Just look at the state of our present-day Congress and local government units. T he other day, while out to do some errands, I had just crossed the street to the grocery when I heard a commotion among people up ahead. It turned out there was a convoy of military trucks going by. They were filled with masked soldiers, and they looked weary. No smiles to the people and vice versa. That was not a familiar sight for me. What’s familiar to me is the images of poker-faced but palpably happy and shiny cadets at the Philippine Military Academy, whether on parade or on their regimental exercise. That image the other day was the result of experiencing realities on the ground, the actual battlefield which for the most part do not jive with what students were taught in school. But, I guess, as in much of life, we don’t run away from life and our duties. We face whatever comes our way. That is the way to live, the only way in order to fully enjoy life and the freedoms that go with human life. The question in the end isn’t what did you do to care for yourself? but rather what did you do for others? Life here in the Islands is so much more safe and free if we all got one another’s back.

The conflict in Mindanao from the perspective of Malthusian theory

There’s a joke that Muslims here like to tell, to which Muslims and Christians alike laugh at. It’s this- Muslim men could have as many as four wives max and still be legit by standards of their religion and law. Beyond that, however, they said they’d have become Christians. I hurt my stomach the first time I was told this. I couldn’t stop laughing.

In a way, this joke summarizes the complicated relationship between Muslims and Christians in the region particularly as you move further south where it’s more visible. If certain Muslims have taken arms to defend their sociopolitical and cultural survival in a country of 80-90% Catholic largely mainstreamed into the globalized economy and with that it’s sociopolitical and cultural ethic and, for some other groups, to defend at whatever cost the dictates of their conscience, there is or was, following the rule in physics, also the corresponding movement from Christians in the region- the Ilaga.

The Ilaga, the most notorious among the Christian vigilante groups, was reported to have been organized by seven local Christian politicians (“Magnificent Seven”) who were bent upon preserving their respective power and expanding them further by infiltrating and dominating areas traditionally controlled by Muslims. It was reported also that the Ilaga was supported by some influential Christian capitalists and logging magnates. The Ilaga group was the most feared to many Muslims primarily because of what its members did to their victims, like carving out ears, slashing nipples, plucking out eyes, and marking bodies with cross.

Yasmin Busran-Lao, Human Development, Economic and Social Costs, and Spillovers of Conflict: The Case of the Province of Lanao del Sur, background paper submitted to the Human Development Network Foundation, Inc. for the Philippine Human Development Report 2005

That dark period in the region’s history is apparently an experience that people here Muslim and Christian alike do not want to forget hence is passed on to younger generations in the form of stories which in turn may explain why there is still such vigilance, in their unconscious, between the two (which only a few have truly transcended the ones who are free to “cross over” invisible yet palpable boundaries such that we hear for instance Muslims protecting their Christian neighbors when armed fellow Muslims raid villages). Such stories were given as part of the orientation I had about the region. I was not yet five days old in the area. I was, what? can you spell that out please, because, for the life of me, I haven’t heard the word until then (I guess the reason is, I was schooled abroad).

Nothing apparently is what it seems. To truly understand the situation in Mindanao, ML or not, one must approach the subject with humility and in the calm or neutral spirit of scientific inquiry ie. if one is a Muslim, to be ready to accept that Muslims or certain Muslims are culpable and if one is a Christian, to be ready to accept that Christians or certain Christians have also had a hand, and, for both, in accepting that, to be open to the fact of our shared humanity which is that there is only one earth, one Philippines. How the planet, the country should be divided up for each and every human being should be done through intelligent and peaceful means (otherwise we have not really transformed from our ape past). Then again the rhetoric of ‘One Philippines’ need to be unpacked.

In one of the community discussions, somebody mentioned about population growth and population control as a related issue. Oh? I said in surprise. But it was obvious although not readily perceived. Filipino Catholics make up 80-90% of the country’s total population, and what is the total population? 100M. This means Catholics, whatever the ethnicity, greatly outnumber Muslims whatever their ethnicity. Such is true in the region. In other words, the droves of non-Muslims in continuous migration to Mindanao in search for land and greener pasture just by their sheer number easily overpower the original settlers hence easily impose their politics and culture on the “new land.” Now, population control. Catholics/Christians, since they make up much of the population, should share the bulk of the responsibility for birth control (the most rational, strategic, and intelligent means to population control (hence adequate space and quality of life for all)). That is equity. But the funny thing is, they are the ones, the Church leaders at least, who cite religious teaching as justification for disallowing Catholics to openly subscribe to a civic responsibility.

Without any checks, population would theoretically grow at an exponential rate, rapidly exceeding its ability to produce resources to support itself (Thomas Malthus).

I remember another joke about the root cause of this world’s problems, which is that, if it’s not economic, it must be sex. This brings us back to the joke about the wife taking.

De-constructing IS or ISIS in the Philippines

For the many of us here who have not given a fug about IS (or, ISIS as popularized here), because why should the topic muddle our daily conversations, until the Marawi City incident, IS or Islamic State is none other than the former al-Qaida in Iraq. ISIS is acronym for Islamic State of Iraq and Greater Syria, the self-styled Islamic caliphate that the (former) al-Qaida group “overran huge chunks of Iraqi and Syrian territory” after the demise of bin Laden.

Al-Qaida (now IS), according to several independent studies, such as J.Milligan’s Islamic Identity, Postcoloniality and Educational Policy: Schooling and Ethnoreligious Conflict in the Southern Philippines and Samira Gutoc’s Causes of “Terrorism”: The Philippine Case had “thoroughly penetrated” the country by the late 1990s. Purportedly, in 1980 the MILF “had begun sending mujahideen for training and combat experience in Afghanistan. One result of this effort was the establishment of ties with the al-Qaida network of Osama bin Laden which began…recruiting soldiers for the war in Afghanistan”.

The Abu Sayyaf Group (ASG), a splinter group from the MNLF and Filipinos who fought in Afghanistan, appearing in the mid-90s, has been linked to the al-Qaida network. However, when this link weakened in the late 90s, the group connected with Indonesia-based Jeemah Islamiyah (JI) that has “ideological origins in the Darul Islam (DI) movement of the 1950s and 1960s” also networked with al-Qaida. JI aims to establish a pan-Islamic State in South East Asia.

Another group affiliated with the al-Qaida network which appeared around the same time, in 1991, is the RSM (Rajah Solaiman Movement). The group is comprised of Christians from Northern Philippines who converted to Islam, supports violence against Filipino Christians and maintains base in Metro Manila. Reportedly, it gets funding from JI and training from ASG. It has been alleged that the group was behind the 2004 Superferry bombing that killed 116 people

Yet another group, AKP (Ansarul Khilafah Philippines) founded by a former MILF member disgruntled by the collapse of the peace talks in 2008. It is reported that the group has direct connections to ISIS fighters and has it’s base in Sarangani and Sultan Kudarat.

Last, but only so far as this post goes, the Maute Group also known as IS-Ranao or IS-Lanao. The IPAC Report writes of the group,

The Maute Group based in Lanao del Sur has the smartest, best-educated and most sophisticated
members of all of the pro-ISIS groups in the Philippines. It is largely ethnic Maranao, and its
stronghold is Mindanao State University (MSU) in Marawi City, where it has been able to attract
students and teachers.

The Maute group reportedly began as a training unit set up by Marwan around 2011 or even earlier, called al-Ghuraba and briefly Jamaah Tawhid wal Jihad – the name used by the late Abu Musa Zarqawi in Iraq and later by the supporters of radical Indonesian cleric Aman Abdurrahman in Indonesia.

By 2012, it had become Khilafah Islamiyah Movement (KIM), initially reported to be led by one Ust. Humam Abdul Najid alias Wai but in fact the Mautes are believed to have been the organisers even then.56 KIM was said to have been responsible for the 26 July 2013 bombing at a Cagayan de Oro bar and bistro that killed six.57 After ISIS’s recognition of Isnilon as amir, the Mautes began using the name “IS-Ranao” to indicate a division of the new as-yet-undeclared province of ISIS – just as BIFF became IS-Maguindanao and Isnilon Hapilon’s territory was IS-Basilan.

Locals call these groups “spoliers of peace”. 

But why all these splinter groups and their more extreme views relative to their more principled former organizations? Synthesizing their histories, we come to see that they have become disenchanted over the inconsistencies in the decades-long peace talks that appear to have no end, like drawn-out criminal cases in corrupt courts and we can site the massacre of journalists in Mindanao, and have taken matters into their own hands, the hard way or no way. Looking deeper, the root of their struggle is continuing injustices to the Moro/Muslim people. When you go to Mindanao, the mass of the Moro/Muslim people remain living on the edges of villages, sa laylayan as VP Robredo calls it. Mawawalan ka talaga ng dignidad living in these places, and the Moro are proud people.

” Attention grabbers” the armed groups are also called. Precisely, in the sense that their violent acts underlie and point toward the real ills in Mindanao society. Remember that once in the lives of these terrorists they believed, trusted and allied themselves with government or the rule of law. But at one point, abandoned that because of not being able to take anymore government’s failures. Pity, because their talents have been misdirected. How does one resolve such a misdirection of people? 

Government, national and especially local government, needs to re-boot it’s style and system of governance in the region. It also needs to undergo healing as what it has been extolling people in the region to do. It can start by making a sincere apology. Recall when the Australian PM offered an apology to the aborigines, “unfinished business of the nation”, for the mistreatment the natives suffered under past governments, in order “to remove a great stain from the nation’s soul”. The Filipino nation is inextricably bound to the decisions and actions of the State as the resources behind State decisions and actions come from the people. The people share in the consequences, good or bad, arising from the decision or action of their elect.

Further, when you go around the villages the common statement locals make is that government’s promises made to the people in the region have remained just promises. Nagkapatong-patong na over the decades. What do villages in the region need? Land (many migrants as well as marginalized Moro/Muslims remain without titles to the lots they occupy), jobs and access to training and capital for the masses to establish and sustain their livelihoods, barangay roads, health centers (many are without staff and equipment), inclusive education (ie. the use of Maranao as mother tongue for Maranao children and not Cebuano/Bisaya), adult education, rules and processes that do not disenfranchise the already poor, upholding the rule of law as well as TA and respect for positive traditional mechanisms eg. council of elders, etc.  Recognition of the unique culture and beliefs of the Moro people and provide for their integration in national policies. Presently, policies regard Filipinos as a homogenous people. The Cordillera is better off in the sense that each tribe has their own land or territory eg. Mountain Province for the Bontoc people, or Kalinga and Apayao for the Kalingas. This the Moro people don’t have. From their perspective, it’s now the non-Moro who’ve occupied much of their land or at least the best or most fertile portions of it. Religion is incidental.

The above , basically the MDGs or the SDGs now  are what more progressive Mindanao areas like Davao enjoy. And, with Davao, it was not national government extending it’s arm to the City that made it a premier city in the South, rather it was local government. In many provinces, however, it is local officials who are obstacles to good governance and therefore contributed to the opening up of a space right under their noses in which extremism has taken over.

“Let there be peace on earth and let it begin with me”

The recommendation of the TJRC (Transitional Justice and Reconciliation Commission) is to create an independent national mechanism that will address the issues connected to transitional justice in Mindanao and in the Philippines. This National Transitional Justice and Reconciliation Commission for the Bangsamoro is the mechanism that will address the four important aspects:

One, is the Historical Memory,

the issue of Impunity and Accountability,

the issue of Marginalization through Land Dispossession

and Healing and Reconciliation.

The Philippine Government, and I mean it’s decision-makers, need to be sincere and honorable in following through their commitments for Mindanao. To walk their talk. This is also true for the groups on the other side- the MNLF, MILF, and CPP-NPA. For instance, we have seen that despite ARMM in Mindanao which is the resulting system and structure that the MNLF fought for with much bloodshed and which they said is the answer to the armed struggle in the region, the story of the Moro masses has not significantly changed. How is it that ARMM provinces remain the poorest in the country? And where is that alternative system of governance that MNLF said it wanted to establish that would solve the ills in the region? The Filipino people, the Moro people included, see the same old issues re-playing itself in the ARMM system.

Peace therefore starts with having peace in one’s heart, and by having peace I mean sincerity (what is your real motivation in pushing for independence? presumably not for private interests), empathy, humility (recognition of one’s limits), and constraint of one’s baser tendencies eg. desire for limitless material wealth and beliefs of superiority be it in race or culture, morals, and socio-economic standing. For we cannot give what we, individually, don’t have.

Pioneers in the 21st century

Displacement is one of the wicked issues affecting people and governments in the 21st century. Camps and centers are not home, merely holding areas. Eventually IDPs leaving the camps find new places to resettle in preferring urban areas for their perceived wealth of opportunities. For the urban planning community, this implies the need for new strategies in designing inclusive settlement areas.

The Filipino people’s back subject

I don’t know why, in the dailies and broadcast media, people feel the need to explain their positions post-declaration. Martial law is martial law. It’s the most unfortunate thing to happen to a nation and country in the 21st century. For 21st century citizens to find themselves in such a state means only one thing- they have become degenerates, moving backward to the point in civilization where they need to be martialed forward. You know, like Brad Pitt’s hapless character in The Curious Case of Benjamin Button.

Didn’t the President repeatedly warned, “don’t force my hand”? As it is, his hand has been forced, apparently, not by a freak accident of gravity but by…terrorists? Perhaps. But more significantly by the Filipino people. If we the people faithfully fulfilled our part in governance – you know, government of the people, by the people, and for the people – we shouldn’t be in this situation in the first place. We did this to ourselves, the nation. The finger we’re pointing at others should be directed at ourselves, each and every Filipino, the haves and have-not alike.

In my other blog, in a post showing early morning beachgoers doing the rounds on a banana boat I wrote that “resilience” cannot all be laughter and smiles but that real resilience is about sacrificing now in order to enjoy freedoms afterward, maybe not in our lifetime but at least in our children’s and their children’s. Such is the level of maturity that Filipinos in the exercise of their responsibilities as citizens need or should want to attain.

The “siege” in Marawi City is the story of Mindanao, in a capsule. If Mindanao is like the abandoned buildings in the City, it is like that sorry-looking storied building riddled with bullets, the ground a playground of forces that seem to have the supernatural ability to switch places sending the poor residents scampering confused into rat holes. While all that is going on, the rest of us, onlookers from afar, are on banana boats doing our own thing, pa-comment comment (on social media, readily accessible as apps on our touchscreens) kapag may time.

Catholics, who comprise the majority of the population, have all sorts of devotions, novenas, etc. but in what ways are we positively changed by such? Has our knee-jerk recourse to prayer in fact just an avoidance of what we know we could or should do, right here, right now (versus “waiting” for God to send his angels to act)? Did Catholics or Christians in Mindanao have to wait for third-parties ie. NGOs to facilitate understanding and peace with Muslims? What is keeping someone, for instance, from baking a freaking pie, stepping outside your goddamned door and walk across your stupid lawn to knock on your neighbor Muslim’s house, and in utmost sincerity, offer the pie? (I cite this example of pie-giving because I have done it, when I was in grade school abroad. I baked some sconces (inspired by Enid Blyton’s The Magic Faraway Tree) and went and gave some to our Muslim neighbors. They were delighted with the bread. That began exchanges of that sort on occasions between our families. It only takes a step, a gesture from either side, you know, like how lovers become; though boldness is needed to be able to make that step or gesture. And what’s the worst that could happen? Pie on your face? Well at least it isn’t acid. And at least it’s not you throwing out the pie.) Fear that a thousand cannons will be let loose on you? Let us honestly examine ourselves. Maybe it’s not fear at all. Maybe it’s pride masking as fear. If then, woe to us Filipinos especially Catholics. We have imprisoned ourselves in our misplaced pride and snobbish prejudice all these regrettable years!

Further, ML in Mindanao revealed the general state of community among Filipinos, and that is, wala na talagang paki sa kapwa Pilipino o sa kapwa Pilipino na tiga ibang rehiyon (there’s now a lack of solidarity and empathy for fellow Filipinos or Filipinos in the other regions) such that in the first few days after the declaration there was no collective action from the two islands, not even from Congress, to, you know, dedicate a moment of silent in support of people in Mindanao especially Marawi City residents. Wala man lang from broadcast media that thought of pausing their tele-seryes and katuwaan on lunch time variety shows to broadcast a word of support to people in Mindanao. Nada.

What would it take for us to learn the lesson of our history? True people power is commitment to the daily grind of stepping outside private interests (even outside security of our gates) onto engaging without discrimination with fellow citizens and those who are governing. People power is less about yak-ity-yak-yak in the streets and more about rolling up our sleeves, sweating it out under sun and rain season after season, and actually making good government happen. Only then shall we know and deserve peace, freedom, development, all the good things that are the inevitable fruits of a people’s good and hard work.