PARENTAL AUTHORITY

I.

INTRODUCTION Islams general approach to children may be summarized in a few principles involving the duties of both parents and children.
A. The Childs Rights: The Parents Duties

Allaah,

The

Exalted,

Says

(what

means): Mothers

may

breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allaah and know that Allaah is Seeing of what you do. [Quran 2: 233]

Secondly, by implication the parents should reciprocate and cause the child no harm either. The Quran recognizes very clearly that parents are not always immune from over protectiveness or negligence.
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On the basis of this recognition, it (Quran) has, thirdly, established certain guidelines and pointed out certain facts with respect to children.

It points out that children are joys of life as well as sources of pride and fountains of distress and temptation. But it hastens to stress the greater joys of the spirit and cautions parents against overconfidence, false pride, or misdeeds that might be caused by children. The religious moral principle of this position is that every individual, parent or child, relates to Allaah directly and is independently responsible for his deeds.

No child can absolve the parent on the Day of Judgment. Nor can a parent intercede on behalf of his child.

Finally, Islam is strongly sensitive to the crucial dependence of the child on the parents. Their decisive role in forming the childs personality is clearly recognized in Islam. In a very suggestive statement, the Prophet (peace be upon him) declared that every child is born into the true malleable nature of Fitrah (i.e., the pure natural in-born, monotheistic belief in God), its parents later on make him into a Jew, Christian or pagan.

According to these guidelines, and more specifically, one of the most inalienable rights of the child in Islam is the right to life and
2

equal life chances. Preservation of the childs life is the third commandment in Islam.

Allaah, The Exalted, Says (what means): Say, 'Come, I will recite what your Lord has prohibited to you. [He commands] that you not associate anything with Him, and to parents, good treatment, and do not kill your children out of poverty; we will provide for you and them. And do not approach immoralities what is apparent of them and what is concealed. And do not kill the soul which Allaah has forbidden [to be killed] except by [legal] right. This has He instructed you that you may use reason.'" [Quran 6: 151]

Another equally inalienable right is the right of legitimacy, which holds that every child shall have a father and one father only. A third set of rights comes under socialization, upbringing, and general care. To take good care of children is one of the most commendable deeds in Islam. The Prophet was fond of children and he expressed his conviction that his Muslim community would be noted among other communities for its kindness to children.

It is charity of a higher order to attend to their spiritual welfare, educational needs, and general well-being. Interest in and responsibilities for the childs welfare are questions of top priority.

According to the Prophets instructions by the seventh day the child should be given a good, pleasant name and its head should be shaved, along with all the other hygienic measures required for
3

healthy growing. This should be made a festive occasion marked with joy and charity.

Responsibility for and compassion toward the child is a matter of religious importance as well as social concern. Whether the parents are alive or deceased, present or absent, known or unknown, the child is to be provided for with optimum care. Whenever there are executors or relatives close enough to be held responsible for the childs welfare, they shall be directed to discharge this duty.

But if there is no next of kin, care for the child becomes a joint responsibility of the entire Muslim community, designated officials and commoners alike.

B. The Childs Duties: The Parents Rights

The parent-child relationship is complementary. In Islam, parents and children are bound together by mutual obligations and reciprocal commitments. often But the age differential is sometimes so wide as to by impatience, degeneration of energy, cause parents to grow physically weak and mentally feeble. This is accompanied heightened sensitivity, and perhaps misjudgment.

It

may

also

result

in

abuses

of

parental

authority

or

intergenerational estrangement and uneasiness, something similar to what is now called the generation gap. It was probably in view of
4

these considerations that Islam has taken cognizance of certain facts and made basic provisions to govern the individuals relationship to his parents.

The fact that parents are advanced in age and are generally believed to be more experienced does not by itself validate their views or certify their standards. Similarly, youth per se is not the sole fountain of energy, idealism, or wisdom. In various contexts, the Quran cites instances where the parents were proven wrong in their encounter with their children and also where children misjudged the positions of their parents.

Allaah, The Exalted, Says (what means): And [mention O Muhammad], when Abraham said to his father Aazar, 'Do you take idols as deities? Indeed, I see you and your people to be in manifest error.' [Quran 6:74]

Allaah also Says what means: And it sailed with them through waves like mountains, and Noah called to his son who was apart [from them], 'O my son, come aboard with us and be not with the disbelievers.' [But] he said, 'I will take refuge on a mountain to protect me from the water.' [Noah] said, 'There is no protector today from the decree of Allaah, except for whom He gives mercy.' And the waves came between them, and he was among the drowned. And it was said, 'O earth, swallow your water, and O sky, withhold [your rain].' And the water subsided, and the matter was accomplished, and the ship came to rest on the [mountain of] Joodiyy. And it was said, 'Away
5

with the wrongdoing people.' And Noah called to his Lord and said, 'My Lord, indeed my son is of my family; and indeed, Your promise is true; and You are the most just of judges!' He said, 'O Noah, indeed he is not of your family; indeed, he is [one whose] work was other than righteous, so ask Me not for that about which you have no knowledge. Indeed, I advise you, lest you be among the ignorant.' [Quran 11:4246]

More significant, perhaps, is the fact that customs, folkways, traditions, or the parents value system and standards do not in themselves constitute truth and rightness. In several passages, the Quran strongly reproaches those who may stray from the truth just because it seems new to them, or contrary to what is considered to be normal, or incompatible with the parents values.

Furthermore, it focalizes the fact that if loyalty or obedience to the parents is likely to alienate the individual from Allaah, then he must side with Allaah, as it were. It is true; the parents merit consideration, love, compassion, and mercy. But if they step out of their proper line to intrude upon the rights of Allaah, a demarcation line must be drawn and maintained.

The Quran sums up the whole question in the master concept of Ihsaan (i.e. a strong sense of God-consciousness which constantly inclines a believer toward piety) , which denotes what is right, good, and beautiful. The practical implications of the concept of ihsan to the parents entail active empathy and patience, gratitude and compassion, respect for them and prayers for their souls, honoring
6

their legitimate commitments and providing them with sincere counsel.

One basic dimension of Ihsaan is deference. Parents have the right to expect obedience from their children if only in partial return for what the parents have done for them. But if parents demand the wrong or ask for the improper, disobedience becomes not only justifiable, but also imperative. Obey or disobey, the childrens attitude toward parents may not be categorical submissiveness or irresponsible defiance.

The last integral part of Ihsaan to be mentioned here is that children are responsible for the support and maintenance of parents when the parents become weak and are unable to support themselves. It is an absolute religious duty to provide for the parents in case of need and help them to make their lives as comfortable as possible. Parental authority can be defined as the ensemble of rights and powers that the law accords to the father and the mother with respect to the person and the goods of their unemancipated minor children, to the end of their accomplishing the duties of protection, education, and support that are incumbent on them. In a lot of cases, the parental authority is given to the father. In a perspective of eradication of gender discrimination, the parental authority should be equally shared by the two parents, without any gender distinction.1

Rubellin-Devichi, J. (1999), Droit de la Famille, Paris, 1999 7

Parental authority is a legal concept that dates back to the first systems of written law. In Ancient Rome, fathers had the right of vitae et necis, or quite literal life and death over any children. Throughout history, parental authority has granted parents the rights to kill, beat, forcibly marry, or disinherit their children, and commit their children to insane asylums or religious orders. Today, parental authority includes a great deal more responsibilities and far fewer direct rights, though this is typically a result of both social and economic change in regards to the parent-child relationship.

II. STATEMENT OF PROBLEMS

1.

What are the similarities and differences of parental authority

in the Family Code and Muslim Code? 2. How do parents exercise parental authority over their children

in the context of Philippine law and the Muslim code? 3. What is the extent of significance of parental authority on the

growth and formation of the person?

III.PARENTAL AUTHORITY AS A TOOL FOR RAISING KIDS

Human babies are essentially defenseless; for several years, they need attentive care and feeding in order to have much hope of
8

survival. Parental authority often functions as the arm of the law reaching into the family domain; by making parents legally responsible for both the basic care and sometimes behavior of children, the state aims to create healthy, lawful adult citizens. Thus, most of the laws regarding parental authority in the modern world try to ensure both the safety of children and the instillation of legal understanding in the family unit.2

Generally, parents have the responsibility to ensure that children are fed, clothed, protected from abuse, and sheltered. Parents who ignore these responsibilities can sometimes end up losing children to governmental custody, which then assumes the right of parental authority. This is an area of law which has developed tremendously since the turn of the 20th century and the implementation of child labor laws during the Industrial Revolution; until these relatively recent years, it was the general governmental policy worldwide to stay out of family matters, including domestic abuse.

In addition to meeting basic needs, parents are also sometimes responsible for the legal behavior of children. If a child is kept out of school by a legally responsible parent, for instance, it is usually the parents who are liable for the truancy. In some regions, parents are held responsible if an underage child is making or selling illegal drugs, or is permitted to drink alcohol. Those against wide
2

Thomas W. Washburne, J.D., The Boundaries of Parental Authority: A Response to Rob Reich of Stanford University, National Center for Home Education, Special Report, April 22, 2002 9

governmental rule argue that these laws are the attempts of an over-powerful government to increase power over the family unit; supporters suggest that child protective and parental authority laws help prevent and uncover abuse and neglect.

Parental authority is often an issue in divorce or delegation of parental powers. Parents may be required to divide authority and responsibilities in custody agreements, such one parent agreeing to provide shelter for the children while the other provides financial maintenance. In cases where parents must temporarily leave children, such as for military duty, some regions also allow authority to temporarily be delegated to another party, such as a spouse who is not a biological parent, a grandparent, or another close relative.

When it comes to raising kids, establishing authority is very important. Children need a sense of structure of authority in their lives in order for them to grow up as well-rounded adults. Children who are raised in an environment where authority is established tend to become well adjusted adults compared to children who are in an environment without any figure of authority.

In simpler terms, kids need parents to be in charge and implement consequences. They need to be loving and fair in order to build a healthy relationship with their children. Parents should make hard rules, but not to the extent of being too strict or overprotective. What a child needs is a sense of security, which naturally follows when parents show that they are in control.
10

Although there may be times when kids seem to want to be in charge, in reality they know that they are not up for the job. They know that they are incapable of being in charge, which is why they need parents to have authority. In order for children to feel loved and secured, they need parents who are confident and who will take over and make decisions.

Raising your kids in an environment where parental authority is evident gives them a chance to understand and appreciate acceptance. It will inspire your kids to learn and discover new things out of their own willingness. When you show them a firm yet flexible parental authority, they feel inspired to develop their skills and maximize their own potential.

One way to effectively establish parental authority is to use positive reinforcement. Even adults respond well to rewards and will tend to repeat behavior that brings rewards or pleasure. But then again, some parents have issues with giving their children positive reinforcement-it can make kids dependent on the rewards, ergo defeating the purpose of continuing the good behavior altogether.

If you want to avoid such scenario, there is a solution for that keep records. Most parents found keeping records very effective in letting their children repeat proper behavior. In the record, the child will have to accomplish a certain number of good deeds first before
11

any reward is given. You can use a marker or gold stars to indicate every good deed done.

However, beyond the charts and the rewards, the very important thing that you need to give your children to show parental authority is love. You need to show your authority with love because of all things, it is love that they need most. So even when you personally disagree with certain rules that your kids ought to follow, act as if you do when you know it is actually for the best.

Going against the rules and other figures of authority will only confuse your kids. Worse, it will make them feel that it is okay for them to disagree with rules any time they want.

IV.

LEGAL IMPLICATIONS OF PARENTAL AUTHORITY

THE FAMILY CODE CONTAINS SEVERAL PROVISONS ON PARENTAL AUTHORITY, TO WIT:

Title IX: Parental Authority

Chapter 1. General Provisions

12

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)3

Art.

210. Parental

authority

and

responsibility

may

not

be

renounced or transferred except in the cases authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (311a)

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over

The Family Code of the Philippines : Title IX 13

the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. (355a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. (315a)

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Chapter 2. Substitute and Special Parental Authority

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:

(1) The surviving grandparent, as provided in Art. 214; (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)

Art. 217. In case of foundlings, abandoned, neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)

15

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

Art. 219. Those given the authority and responsibility under the preceding damages Article caused shall by be principally the acts and solidarily liable or omissions for of

the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)

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Chapter 3. Effect of Parental Authority Upon the Persons of the Children

Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children or wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; (2) To give them love and affection, advice and counsel, companionship and understanding; (3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals; (5) To represent them in all matters affecting their interests;
17

(6) To demand from them respect and obedience; (7) To impose discipline on them as may be required under the circumstances; and (8) To perform such other duties as are imposed by law upon parents and guardians. (316a)

Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. [2180(2)a and (4)a ]

Art. 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. (317)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard.
18

However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. (318a)

Art. 224. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency.

The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. (391a)

Chapter 4. Effect of Parental Authority upon the Property of the Children

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. In case of

19

disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.

The

ordinary

rules

on when the

guardianship child is under

shall

be

merely suppletory except

substitute

parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply. (320a)

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Art.

226. The

property

of

the unemancipated child

earned

or

acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise.

The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. (321a, 323a)

Art. 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be charged to the child's legitime. (322a)

Chapter 5. Suspension or Termination of Parental Authority

Art. 228. Parental authority terminates permanently: (1) Upon the death of the parents; (2) Upon the death of the child; or
21

(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:

(1) Upon adoption of the child; (2) Upon appointment of a general guardian; (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose; (4) Upon final judgment of a competent court divesting the party concerned of parental authority; or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a)

Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically

22

reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)

Art. 231. The court in an action filed for the purpose or in a related case may also suspend parental authority if the parent or the person exercising the same: (1) Treats the child with excessive harshness or cruelty; (2) Gives the child corrupting orders, counsel or example; (3) Compels the child to beg; or (4) Subjects the child or allows him to be subjected to acts of lasciviousness.

The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.

23

The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefore has ceased and will not be repeated. (33a)

Art. 232. If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority. (n)

Art. 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.

In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority inflict corporal punishment upon the child.

Under the Muslim Code (Presidential Decree 1083)

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TITLE V Parental Authority CHAPTER I Nature and Effects Art. 71. Who exercises. (1) The father and the mother shall jointly

exercise just and reasonable parental authority and fulfill their responsibility over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.

(2) The mother shall exercise parental authority over her children born out of wedlock, but the court may, when the best interests of the children so require, appoint a general guardian.

Art. 72. Duty to parents. (1) Children shall respect, revere, and obey their parents always unless the latter cast them into disbelief.

(2) Grandparents are likewise entitled to respect and reverence, and shall be consulted whenever practicable by all members of the family on all important questions.

Art.

73. Duty to children. Every parent and every person exercising

parental authority shall see to it that the rights of the children are respected, and their duties complied with, and shall particularly by precept and
25

example, imbue them with religious and civic attachment to the ideal of permanent world peace. Art. 74. Effects upon person of children. The parents have, with respect to their unemancipated children:

(a) The duty to support them, have them in their company, educate and instruct them in keeping with their means and represent them in all actions which shall redound to their benefits; and

(b)The power to correct, discipline, and punish them moderately.

Art. 75. Effects upon property of children. (1) The father, or in his absence the mother, shall be the legal administrator of the property of the child under parental authority. If the property is worth more than five thousand pesos, the father or the mother shall give a bond to be approved by the court.

(2) The court may appoint a guardian (wasi) in the absence of one who is natural or testamentary.

Art.

76. Parental authority non-transferable. Parental authority can

neither be renounced nor transferred except as otherwise provided in this Code and the general principles of Islamic law.

26

Art.

77. Extinguishment of parental authority. (1) Parental authority upon the death of the parents or the child, or upon

terminates

emancipation.

(2) Subject to Article 78, the widowed mother who contracts a subsequent marriage shall lose parental authority and custody over all children by the deceased husband, unless the second husband is related to them within the prohibited degrees of consanguinity. (3) The court may deprive a person of parental authority or suspend the exercise thereof if he treats his children with excessive harshness, gives then corrupting or immoral orders and counsel, or abandons them.

CHAPTER II Custody and Guardianship Art. 78. Care and custody. (1) The care and custody of children below seven years of age whose parents are divorced shall belong to the mother or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to stay.

(2) The unmarried daughter who has reached the age of puberty shall stay with the father; the son, under the same circumstances, shall stay with the mother.

27

Art. 79. Guardian for marriage (wali). The following persons shall have authority to act as guardian for marriage (wali) in the order of precedence:

(a) Father (b) Paternal grandfather; (c) Brother and other paternal relatives; (d) Paternal grandfather's executor or nominee; or (e) The court

Art. 80. Guardian of minor's property. The following persons shall exercise guardianship over the property of minors in the order of precedence:

(a) Father; (b) Father's executor or nominee; (c) Paternal grandfather; (d) Paternal grandfather's nominee; or (e) The court.

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V.

ANALYSIS OF PROVISIONS FROM FAMILY CODE AND MUSLIM CODE

A. FAMILY CODE Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)

Art.

210. Parental

authority

and

responsibility

may

not

be

renounced or transferred except in the cases authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (311a) The Family Code gives very careful and detailed provisions as to the care and welfare of the child, providing for the specific welfare
29

of the child, rearing them towards full growth and development, for civic consciousness and efficiency, invoking the need for the formation of their moral persons, aside from physical, mental and emotional growth. The provisions essays a complete concern for the welfare of the child, that is, not merely in terms of money and other material support such as food and clothing, but towards their moral and spiritual needs, into becoming a highly-adaptive individual, a well-rounded person. This hoes to say that education should be a patent condition for parental authority, that it becomes mandatory ultimately for parent to let their children be educated.

These requirements are laid down in the hands of both father and mother, where the fathers decision supersedes in case of disagreement. These parental obligations are demanded with the corresponding condition that the child must in return be obedient and subservient while under parental authority. Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children or wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; (2) To give them love and affection, advice and counsel, companionship and understanding;
30

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, selfreliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals; (5) To represent them in all matters affecting their interests; (6) To demand from them respect and obedience; (7) To impose discipline on them as may be required under the circumstances; and (8) To perform such other duties as are imposed by law upon parents and guardians. (316a) In fact, Article 220 provides with specification the

obligations of the parents towards their children, to further their education, to give them love and affection and so on and so forth. The enumeration also clearly specifies the main duties and obligation of the child, which in return is to obey and respect their parents at all times, while under their auspices.

B. MUSLIM CODE
31

Art. 71. (Parental authority) Who exercises. (1) The father and the mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary. (2) The mother shall exercise parental authority over her children born out of wedlock, but the court may, when the best interests of the children so require, appoint a general guardian. Art. 72. Duty to parents. (1) Children shall respect, revere, and obey their parents always unless the latter cast them into disbelief. (2) Grandparents are likewise entitled to respect and reverence, and shall be consulted whenever practicable by all members of the family on all important questions. Art. 73. Duty to children. Every parent and every person

exercising parental authority shall see to it that the rights of the children are respected, and their duties complied with, and shall particularly by precept and example, imbue them with religious and civic attachment to the ideal of permanent world peace. Art. 74. Effects upon person of children. The parents have, with respect to their unemancipated children: (a) The duty to support them, have them in their company, educate and instruct them in keeping with their means and represent them in all actions which shall redound to their benefits; and
32

(b) The power to correct, discipline, and punish them moderately.

Sections 71 to 73 of the Muslim Code of the Philippines clearly provides for those who shall have parental authority over the child, which is the father and the mother, whose decisions upon the subject of the child should be conjointly residing upon both of them, that in case of disagreement, the fathers decision should prevail. This is a complete replication of the Family Code provision on the same subject matter of parental authority.

The Muslim Code provides for the complete growth of the child, from amity. physical and emotional development, towards spiritual progress, inculcating in the child the concept of world peace and

Unique to the provisions in the Muslim Code is the referral of an extension of parental authority of grandparents which is not seen in the Family Code.The sections abovementioned specifies the duties and obligations of the parents, to rear their children in the most pervasive manner, as much as possible. In return, the children are obliged to respect and obliged their parents at all times.

VI.

SIMILIRATIES OF PARENTAL AUTHORITY IN ISLAMIC LAW AND PHILIPPINE LAW

33

1. The Family Code and the Muslim Code clearly expresses the responsibilities and duties of both parents and children to each other. 2. Both laws emphasize the non-transferability of parental authority.
3. The father and the mother shall jointly exercise just and reasonable

parental authority and fulfill their responsibility over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.
4. Both laws ensures that that the rights of the children are respected,

and their duties complied with 5. Both the Family Code and the Muslim Code expresses extensively on the aspect of support and property relations of parents to their children. 6. Both laws prescribe the custody of mothers for children below seven years of age in case of dispute and litigation.

VII.

DIFFERENTIATION OF PARENTAL AUTHORITY IN ISLAMIC LAW AND PHILIPPINE LAW

1. The Family Code of the Philippines is more comprehensive in its scope concerning laws on parental authority or the relations of parents to their children.

34

2. The Family Code applies to all citizens of the Philippines while the Muslim Code has special and limited applicability.
3. The Muslim Code or P.D. 1083 is based on Shariah law while the

Family Code is not based from any religious codifications.

4. The Muslim Code or P.D. 1083 is widely based from Quranic verses

as well as in hadiths while the Family Code does not have any direct religious inferences.
5. The Muslim Code is also highly based on traditions and practices of

muslims while the Family Code provisions on parental authority does not directly draw upon culture and traditions.
6. In the Family Code, Parents and other persons exercising parental

authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children. The Muslim Code does not have similar provisions.

VIII. PARENTAL AUTHORITY IN QURANIC VERSES & HADITH

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A. What the Quran Says About Parents and Parenting4

[The Quran 2:83] We made a covenant with the Children of Israel: "You shall not worship except GOD. You shall honor your parents and regard the relatives, the orphans, and the poor. You shall treat the people amicably. You shall observe the Contact Prayers (Salat) and give the obligatory charity (Zakat)." But you turned away, except a few of you, and you became averse. [The Koran 2:170] When they are told, "Follow what GOD has revealed herein," they say, "We follow only what we found our parents doing." What if their parents did not understand, and were not guided?

[The Koran 2:180] It is decreed that when death approaches, you shall write a will for the benefit of the parents and relatives, equitably. This is a duty upon the righteous.

[The Koran 2:215] They ask you about giving: say, "The charity you give shall go to the parents, the relatives, the orphans, the poor, and the traveling alien." Any good you do, GOD is fully aware thereof.

[The Koran 4:1] O people, observe your Lord; the One who created you from one being, and created from it its mate, then
4

The Noble Quran 36

spread from the two many men and women. You shall regard GOD, by whom you swear, and regard the parents. GOD is watching over you.

[The Koran 4:36] You shall worship GOD alone - do not associate anything with Him. You shall regard the parents, the relatives, the orphans, the poor, the related neighbor, the unrelated neighbor, the close associate, the traveling alien, and your servants. GOD does not like the arrogant show-offs.

[The Quran 4:135] O you who believe, you shall be absolutely equitable, and observe GOD, when you serve as witnesses, even against yourselves, or your parents, or your relatives. Whether the accused is rich or poor, GOD takes care of both. Therefore, do not be biased by your personal wishes. If you deviate or disregard (this commandment), then GOD is fully Cognizant of everything you do.

[The Quran 5:104] When they are told, "Come to what GOD has revealed, and to the messenger," they say, "What we found our parents doing is sufficient for us." What if their parents knew nothing, and were not guided?

[The Quran 6:151] Say, "Come let me tell you what your Lord has really prohibited for you: You shall not set up idols besides
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Him. You shall honor your parents. You shall not kill your children from fear of poverty - we provide for you and for them. You shall not commit gross sins, obvious or hidden. You shall not kill - GOD has made life sacred - except in the course of justice. These are His commandments to you, that you may understand."

[The Quran 7:70-71] They said, "Did you come to make us worship GOD alone, and abandon what our parents used to worship? We challenge you to bring the doom you threaten us with, if you are truthful."

He said, "You have incurred condemnation and wrath from your Lord. Do you argue with me in defense of innovations you have fabricated - you and your parents - which were never authorized by GOD? Therefore, wait and I will wait along with you."

[The Quran 9:23] O you who believe, do not ally yourselves even with your parents and your siblings, if they prefer disbelieving over believing. Those among you who ally themselves with them are transgressing.

[The Quran 11:109] Do not have any doubt regarding what these people worship; they worship exactly as they found their parents worshiping. We will requite them their due share fully, without reduction.
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[The Quran 12:40]

"You do not worship beside Him except

innovations that you have made up, you and your parents. GOD has never authorized such idols. All ruling belongs to GOD, and He has ruled that you shall not worship except Him. This is the perfect religion, but most people do not know.

[The Quran 17:23-25] Your Lord has decreed that you shall not worship except Him, and your parents shall be honored. As long as one or both of them live, you shall never say to them, "Uff" (the slightest gesture of annoyance), nor shall you shout at them; you shall treat them amicably.

And lower for them the wings of humility, and kindness, and say, "My Lord, have mercy on them, for they have raised me from infancy."

Your Lord is fully aware of your innermost thoughts. If you maintain righteousness, He is Forgiver of those who repent.

[The Quran 19:12-15] "O John(Yahya), you shall uphold the scripture, strongly." We endowed him with wisdom, even in his youth.

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And (we endowed him with) kindness from us and purity, for he was righteous.

He honored his parents, and was never a disobedient tyrant.

Peace be upon him the day he was born, the day he dies, and the day he is resurrected back to life.

[The Quran 29:8] We enjoined the human being to honor his parents. But if they try to force you to set up idols beside Me, do not obey them. To Me is your ultimate return, then I will inform you of everything you had done.

[The Quran 31:14] We enjoined the human being to honor his parents. His mother bore him, and the load got heavier and heavier. It takes two years (of intensive care) until weaning. You shall be appreciative of Me, and of your parents. To Me is the ultimate destiny.

[The Quran 31:21] When they are told, "Follow these revelations of GOD," they say, "No, we follow only what we found our parents doing." What if the devil is leading them to the agony of Hell?

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[The Quran 46:15] We enjoined the human being to honor his parents. His mother bore him arduously, gave birth to him arduously, and took intimate care of him for thirty months. When he reaches maturity, and reaches the age of forty, he should say, "My Lord, direct me to appreciate the blessings You have bestowed upon me and upon my parents, and to do the righteous works that please You. Let my children be righteous as well. I have repented to You; I am a submitter."

[The Quran 58:22] You will not find people who believe in GOD and the Last Day befriending those who oppose GOD and His messenger, even if they were their parents, or their children, or their siblings, or their tribe. For these, He decrees faith into their hearts, and supports them with inspiration from Him, and admits them into gardens with flowing streams wherein they abide forever. GOD is pleased with them, and they are pleased with Him. These are the party of GOD. Most assuredly, GOD's party are the winners.

[The Quran 71:26-28] Noah also said, "My Lord, do not leave a single disbeliever on earth.

"For if you let them, they will only mislead your servants and give birth to nothing but wicked disbelievers.

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"My Lord, forgive me and my parents, and anyone who enters my home as a believer, and all the believing men and women. But do not give the disbelievers anything but annihilation."

B. Hadiths on Parents & Parenting

Honouring Parents: The Words of Allah Almighty: "We have instructed man to honour his parents." (29:8) 5 Abu 'Amr ash-Shaybani said, "The owner of this house (and he pointed at the house of 'Abdullah ibn Mas'ud) said, "I asked the Prophet, may Allah bless him and grant him peace, which action Allah loves best. He replied, 'Prayer at its proper time.' 'Then what?' I asked. He said, 'Then kindness to parents." I asked, 'Then what?' He replied, 'Then jihad in the Way of Allah.'" He added, "He told me about these things. If I had asked him to tell me more, he would have told me more."

'Abdullah ibn 'Umar said, "The pleasure of the Lord lies in the pleasure of the parent. The anger of the Lord lies in the anger of the parent."

Dutifulness to One's Mother:

5

The Hadiths, Imam Bukhari 42

Bahz ibn Hakim's grandfather said, "I asked, 'Messenger of Allah, to whom should I be dutiful?' 'Your mother,' he replied. I asked, 'Then whom?' 'Your mother,' he replied. I asked, 'Then whom?' 'Your mother,' he replied. I asked, 'Then to whom should I be dutiful?' 'Your father,' he replied, 'and then the next closest relative and then the next.'"

'Ata' ibn Yasar said that a man came to Ibn 'Abbas and said, "I asked a woman to marry me and she refused to marry me. Another man asked her and she agreed to marry him. I became jealous and killed her. Is there any way for me to repent?" He asked, "Is your mother alive?" "No," he replied. He said, "repent to Allah Almighty and try to draw near Him as much as you can."

'Ata' said, "I went to Ibn 'Abbas and asked him, 'Why did you ask him whether his mother was alive?' He replied, 'I do not know of any action better for bringing a person near to Allah than dutifulness to his mother.'" Dutifulness to One's Father

Abu Hurayra said, "The Prophet was asked, 'Messenger of Allah, to whom should I be dutiful?' 'Your mother,' he replied. He was asked, 'Then whom?' 'Your mother,' he replied. He was asked,
43

'Then whom?' 'Your mother,' he replied. He was asked, 'Then whom?' He replied, 'Your father.'"

Abu Hurayra reported: "A man came to the Prophet of Allah, may Allah bless him and grant him peace, and asked, 'What do you command me to do?' He replied, 'Be dutiful towards your mother.' Then he asked him the same question again and he replied, 'Be dutiful towards your mother.' He repeated it yet again and the Prophet replied, 'Be dutiful towards your mother.' He repeated the question a fourth time and the reply was, 'Be dutiful towards your mother.' Then he put the question a fifth time and the Prophet said, 'Be dutiful towards your father.'"

Dutifulness to Parents, even if they are unjust: Ibn 'Abbas said, "If any Muslim obeys Allah regarding his parents, Allah will open two gates of the Garden for him. If there is only one parent, then one gate will be opened. If one of them is angry, then Allah will not be pleased with him until that parent is pleased with him." He was asked, "Even if they wrong him?" "Even if they wrong him" he replied. Gentle words to Parents: Taysala ibn Mayyas said, "I was with the Najadites [Kharijites] when I committed wrong actions which I supposed were major wrong actions. I mentioned that to Ibn 'Umar. He inquired, 'What
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are they?" I replied, 'Such-and-such.' He stated, 'These are not major wrong actions. There are nine major wrong actions. They are: associating others with Allah, killing someone, desertion from the army when it is advancing, slandering a chaste woman, usury, consuming an orphan's property, heresy in the mosque, scoffing, and causing one's parents to weep through disobedience.' Ibn 'Umar then said to me, 'Do you wish to separate yourself from the Fire? Do you want to enter the Fire?' 'By Allah, yes!' I replied. He asked, 'Are your parents still alive?' I replied, 'My mother is.' He said, 'By Allah, if you speak gently to her and feed her, then you will enter the Garden as long as you avoid the major wrong actions.'"

Hisham ibn 'Urwa related this ayat from his father, "Take them under your wing, out of mercy, with due humility." (17:24) Repaying Parents Abu Hurayra reported that the Prophet, may Allah bless him and grant him peace, said, "A child cannot repay his father unless he finds him as a slave and the buys him and sets him free." Sa'id ibn Abi Burda said, "I heard my father sat that Ibn 'Umar saw a Yamani man going around the House while carrying his mother on his back, saying, 'I am your humble camel. If her mount is frightened, I am not frightened.' Then he asked, 'Ibn 'Umar? Do you think that I have repaid her?' He replied, 'No, not even for a single groan.'

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"Ibn 'Umar did tawaf and came to the Maqam and prayed two rak'ats. He said, 'Ibn Abi Musa, every two rak'ats make up for everything that has happened between them.'"

Marwan used to make Abu Hurayra his agent and he used to be located in Dhu'l-Hulayfa. His mother was in one house and he was in another. When he wanted to go out, he would stop at her door and say, "Peace be upon you, mother, and the mercy of Allah and His blessing." She would reply, "And peace be upon you, my son, and the mercy of Allah and His blessing." Then he said, "May Allah have mercy on you as you raised me when I was a child." She answered, "May Allah have mercy on you as you were dutiful to me when I was old." Whenever he wanted to go inside, he would do something similar. 'Abdullah ibn 'Amr said, "A man came to the Prophet, may Allah bless him and grant him peace, and made a pledge to him that he would do hijra. He left his parents who were in tears. The Prophet said, 'Go back to them and make them laugh as you made them weep.'"

Abu Hazim reported that Abu Murra, the mawla of Umm Hani' bint Abi Talib had told him that he rode with Abu Hurayra to his land in al-'Aqiq. When he entered his land, he shouted out in his loudest voice, "Peace be upon you, mother, and the mercy of Allah and His blessing!" She replied, "And peace be upon you and the mercy of Allah and His blessing." He said, "May Allah have
46

mercy on you as you raised me when I was a child." She replied, "My son, may Allah repay you well and be pleased with you as you were dutiful towards me when I was old."

Disobedience to Parents: Abu Bakra reported that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I tell you which is the worst of the major wrong actions?" "Yes, Messenger of Allah," they replied. He said, "Associating something else with Allah and disobeying parents." he had been reclining, but then he said up and said, "And false witness." Abu Bakr said, "He continued to repeat it until I said, 'Is he never going to stop?'" Warrad, the scribe of al-Mughira ibn Shu'ba, said, "Mu'awiya wrote to al-Mughira, saying, 'Write down for me what you heard the Messenger of Allah, may Allah bless him and grant him peace, say.'" Warrad said, "He dictated to me and I wrote out, 'I heard him forbid asking too many questions, wasting money and chit-chat.'"

"Allah curses whoever curses his parents" Abu't-Tufayl said, "'Ali was asked, 'Did the Prophet, may Allah bless him and grant him peace, give you something special which he did not give to anyone else?' He replied, 'The Messenger of Allah, may Allah bless him and grant him peace,
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did not give me anything special which he did not give to everyone else except for what I have in my sword scabbard.' He brought out a piece of paper. Written on that paper was: 'Allah curses anyone who sacrifices an animal to something other than Allah. Allah curses anyone who steals a milestone. Allah curses anyone who curses his parents. Allah curses anyone who gives shelter to an innovator.'"

IX. CONCLUSION : PARENTAL AUTHORITY AND EDUCATION

Research indicates that parental authority may have an impact on the academic performance & of children (Dornbusch, and prosocial Ritter, values Leiderman, Roberts, & Froleigh, (1987), adolescent development of autonomy (Pardeck Pardeck, 1990), (Greenberger & Goldberg, 1989). Parental authority styles may also place youth at risk of developing psychiatric disorders, such as narcissism, codependency, depression, and low self-esteem (Bornstedt & Fisher, 1986); Buri, 1989; Buri, Louiselle, Misukanis, & Mueller, 1988; Fischer & Crawford, 1992; Kashani, Hoeper, Beck, & Corcoran, 1987).6 In fact, Baumrind (1970, 1971) reported that children of parents with a permissive style, characterized as warm and less apt to employ punishment, tend to lack self-reliance and inquisitiveness. Authoritarian parents, who control through harsh punishment,
6

tend

to

produce

children

who

are

discontent,

Dornbusch, Ritter, Leiderman, Roberts, & Froleigh, Handbook of Adolescent Psychology: Individual bases of adolescent development, John Wiley & Sons, New Jersey, 1987 48

withdrawn, and distrustful. In Baumrind's opinion, the ideal parent is one who exerts a high degree of control but encourages the child's striving for autonomy in appropriate areas. Children raised in this environment, termed authoritative, tend to be self-reliant, selfcontrolled, and inquisitive, and report high-esteem (Baumrind, 1984).

Children are not mere extensions of their parents, they are not their parents' property. But we can acknowledge this truth while also giving due to the self-regarding interests of parents, or what Eamonn Callan calls the "expressive significance" of childrearing. Parenting is for many people a central source of meaning in their lives. As Callan puts it, "Success or failure in the task [of parenting], as measured by whatever standards we take to be relevant, is likely to affect profoundly our overall sense of how well or badly our lives have gone."

Raising a child is never merely a service rendered unto another person, but the collective sharing of a life. If we think in commonsensical terms that adults often have children in order to fulfill their goal to have a family, and to live life as part of a family, the sense in which child-rearing is something in the self-regarding interest of parents becomes clearer.7

Potvin, Pierre, Deslandes, Rollande, Leclerc, Danielle,Family Characteristics as Predictors of School Achievement: Parental Involvement as a Mediator, McGill Journal of Education, Spring 1999 49
7

Of course, the parental interest in exerting authority over the educational provision of their children is also grounded in the interest of the children themselves. Children are dependent beings, not yet capable of meeting their own needs or acting in their own interest.

Parents, it is generally believed, are best situated (better situated than the state and the children themselves) to act in the best interests of their children, or, in an alternate formulation, to promote their general welfare. In modern society, the welfare of a child depends in part on being educated. Therefore, as the guardian of their children's best interests or welfare, parents have an interest in the education that their children receive.

There is a problem with the "best interests" or "general welfare" standard, however.

Despite the fact that the "best interest of the child" is the coin of the realm in legal decision-making about children -- judges routinely make rulings on the basis of the best interests of the child -- it is not of logical necessity that a child's parents are the agents who will act on these best interests. Others -- grandparents, aunts and uncles, or state officials -- might be better able to promote the welfare of the child. And of course, when parents are clearly negligent or harmful to their children, whether intentionally or not, the state however, is not to make parent-centered claims about education intervenes and awards guardianship to a relative or foster care family or, in the most dire situation, to the state itself (at a state
50

orphanage, for example). Who is to say, then, that parents are best suited to pursue the best interests of children?

The best answer to this question is to consider the possible alternatives, all of which appear to be worse.

The more telling problem with the best interests of the child standard is that the best interests of a child do not admit of an objective answer. How does one define "best interests"? The answer depends very much; it seems, on a particular view of the good life. Secular parents (or state authorities), for example, may define the best interests of a child in a very different manner than deeply religious parents. This fact obviously cuts to the heart of the conflict in the Yoder and Mozert cases. But we need not view this only as an issue of religious difference to see it as a problem. People may differ drastically on their interpretation of best interests in purely philosophical terms. Given plural conceptions of the good life, there will be no readily identifiable consensus about the best interests of the child in all cases.

In light of this fact, one response is to suggest that parents are ideally situated not to realize the best interests of their children, for that is an inevitably contestable standard, but rather to meet the basic developmental needs of their children, the content of which appears to admit of a more objective answer. and, not least, nurture, affection, and love.
51

The basic

developmental needs of the child include shelter, food, protection, These the parents surely are in the best position to provide, at least when compared to

the state and the children themselves. The difficulty for parents, however, is that when the needs of children are reduced to such an elementary and unobjectionable level, they do not yield any corresponding interest in control over educational provision. Whereas the "best interest" standard clearly implicates some parental interest in having a say in or perhaps even directing the educational environment of children, the lesser "basic developmental need".

There are some plausible alternatives; of course, most famously the communal child-rearing described in Platos Republic or, more recently, the communal parenting on kibbutzim. But such possibilities are highly unlikely ever to be implemented on a wide scale in modern society standard has no such implication. Shelter, food, protection, and love are responsibilities of a child's primary care-giver; not, or at least not to a large degree, of a child's teacher. An interesting dynamic emerges. The greater substance one packs into the notion of a child's needs and interests, the greater claim one has to influence the education of the child but the less likely that there will be objective agreement about what these needs and interests are.

Conversely, the less substance one packs into the notion of a child's needs and interests, the more likely one will be able to secure objective agreement about them, but only at the cost of failing to justify an interest in educational provision.

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Despite these difficulties, it remains clear that parents have substantial interests in the education of their children. To acknowledge that the best interest standard is contestable is of course not to obviate parental interests. Even when there is violent disagreement about what constitutes the best interests of the child, the very fact of disagreement does not void the parental interest. To the contrary, we can conclude one of two things. Either the best interest standard should not be used when making decisions about educational authority, in which case the parents claims must rest heavily on the weight of their expressive, self-regarding interests.

Or, to the extent that the best interest standard is employed, we cannot interpret "best interests" only from the perspective of the parents. When conflicts about the education of children arise, parents cannot wield a trump card based solely on their own understanding of their childs best interests. Thus, even before we have considered the state's interests and the child's interests, we can conclude that while parents clearly have substantial interests in the education of their children.

In a defense of the decision in Yoder, Shelley Burtt8 has argued that parental authority over their children's education can be justified not in the religious free exercise claims of the parents, nor in the satisfaction of parental conceptions of the good life. Instead, Burtt argues that parents are best situated to meet the "developmental needs" of their children. Burtt defines "developmental needs" as including emotional, physical, and cognitive needs, as well as moral,
Yoder, Shirley Butt, Childrens Citizenship: Justice Across Generations, Standford University, Spring 2005-06 53
8

spiritual, and cultural needs. With the addition of these latter three, however, Burtt sets a standard that is contestable, which in turn undermines, on my view, her claim that parents are entitled to state deference in determining the educational environment of their children.

References:

1. Rubellin-Devichi, J. (1999), Droit de la Famille, Paris, 1999.

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2. Thomas W. Washburne, J.D., The Boundaries of Parental Authority:

A Response to Rob Reich of Stanford University, National Center for Home Education, Special Report, April 22, 2002 3. The Family Code of the Philippines : Title IX
4. The Noble Quran 5. The Hadiths 6. Dornbusch, Ritter, Leiderman, Roberts, & Froleigh, Handbook of

Adolescent Psychology: Individual bases of adolescent development, John Wiley & Sons, New Jersey, 1987 7. Potvin, Pierre, Deslandes, Rollande, Leclerc, Danielle,Family Characteristics as Predictors of School Achievement: Parental Involvement as a Mediator, McGill Journal of Education, Spring 1999 8. Yoder, Shirley Butt, Childrens Citizenship: Justice Across Generations, Standford University, Spring 2005-06

END OF REPORT

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