Title
Code of Muslim Personal Laws Philippines
Law
Presidential Decree No. 1083
Decision Date
Feb 4, 1977
The Code of Muslim Personal Laws of the Philippines establishes courts and provisions for the personal and family matters of Muslims, including jurisdiction over custody, marriage, property, and penal offenses, while recognizing Muslim holidays and appointing a Jurisconsult in Islamic Law.

Q&A (PRESIDENTIAL DECREE NO. 1083)

The title is the "Code of Muslim Personal Laws of the Philippines."

It recognizes the legal system of Muslims in the Philippines as part of the law of the land, codifies Muslim personal laws, and provides for their administration and enforcement among Muslims.

It applies only to Muslims. It shall not operate to the prejudice of non-Muslims.

The four orthodox (Sunni) Muslim schools recognized are: the Hanfi, the Hanbali, the Maliki, and the Shafi'i.

(a) Legal capacity of the contracting parties; (b) Mutual consent freely given; (c) Offer (ijab) and acceptance (qabul) witnessed by at least two competent persons and the consent of the proper guardian (wali); (d) Stipulation of customary dower (mahr), witnessed by two competent persons.

Any Muslim male at least 15 years old and any Muslim female of puberty or upwards (presumed at age 15) may contract marriage. A female between 12 and 15 who has reached puberty may marry upon court order.

Marriage is prohibited within the degrees of consanguinity (ascendants and descendants, siblings), affinity (in-laws within third degree, stepparent-stepchild, etc.), and fosterage (breastfeeding relationship).

(a) Marriage bond is severed; (b) Mutual rights of inheritance are lost; (c) Custody of children is determined by law; (d) Wife entitled to recover full or half dower depending on consummation; (e) Husband obliged to support wife; (f) Dissolution and liquidation of conjugal partnership, if stipulated.

The father and mother jointly exercise parental authority. In disagreements, the father's decision prevails unless a court orders otherwise.

Exclusive properties include properties brought into marriage, incomes from employment, acquisitions by lucrative title during marriage, wife's dower (mahr) and gifts, and fruits of these properties.

Shari'a District Courts and Shari'a Circuit Courts have exclusive original jurisdiction over cases involving Muslim personal laws, including marriage, divorce, succession, and other related matters.

A body composed of a chairman and representatives of the parties to resolve conflicts in matters involving Muslim personal laws, especially in cases like divorce or multiple marriages.

Imprisonment of not less than two months but not more than two years, or a fine between two hundred pesos and two thousand pesos, or both at the court's discretion.

A Muslim male may have up to four wives but only if he can treat them with equal companionship and just treatment; such cases must be exceptional.

'Idda is a waiting period: four months and ten days for a widow from husband's death; three menstrual cycles for a divorcee from the date of divorce; pregnant women observe 'idda until delivery.


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