QuestionsQuestions (PRESIDENTIAL DECREE NO. 1083)
PD 1083 is entitled the “Code of Muslim Personal Laws of the Philippines.” Its purpose is to (1) recognize the Muslim legal system as part of the law of the land and make Islamic institutions more effective, (2) codify Muslim personal laws, and (3) provide for their effective administration and enforcement among Muslims.
If there is conflict between any provision of the Code and laws of general application, the Code prevails. If the conflict is between the Code and special laws or laws of local application, the latter shall be liberally construed to carry out the Code.
The Code applies only to Muslims. Nothing in it should be construed to operate to the prejudice of a non-Muslim.
Courts shall take into consideration the primary sources of Muslim law (e.g., Qur’an and Hadith). Standard treatises and works on Muslim law and jurisprudence have persuasive weight.
Muslim law and ‘Ada not embodied in the Code must be proven in evidence as a fact.
No ‘Ada contrary to the Constitution, the Code, Muslim law, public order, public policy, or public interest shall be given any legal effect.
If there is conflict among the Sunni orthodox schools (MadhAhib), the one in consonance with the Constitution, the Code, public order, public policy, and public interest shall be given effect.
A marriage is perfected only if: (a) contracting parties have legal capacity; (b) mutual consent is freely given; (c) ijab and qabul are duly witnessed by at least two competent persons after proper guardian (wali) has given consent; and (d) customary dower (mahr) is stipulated and duly witnessed by two competent persons.
Any Muslim male at least 15 and any Muslim female of puberty or upwards may marry. A female is presumed to have attained puberty at age 15. If below 15 but not below 12 and has attained puberty, the Shari’a District Court may order the marriage upon petition of a proper wali.
Marriage through a wali by a minor below the prescribed ages is regarded as betrothal and may be annulled upon petition of either party within 4 years after attaining puberty, provided no voluntary cohabitation occurred and the wali was not the father or paternal grandfather.
No specific ritual form is required, but ijab and qabul must be publicly declared before the person solemnizing the marriage and two competent witnesses. This declaration must be written in an instrument in triplicate signed/marked by parties and witnesses and attested by the solemnizing officer. Marriage may be solemnized by the proper wali of the woman, by a competent person under Muslim law upon proper wali’s authority, or by the Shari’a judge (or designated person) if the proper wali refuses without justifiable reason.
No marriage may be contracted within prohibited degrees of (1) consanguinity (e.g., ascendants/descendants, siblings, and siblings with their descendants within the third civil degree), (2) affinity (e.g., certain relatives in ascending/collateral lines within the third degree, and specific step-relationships; prohibition continues even after dissolution), and (3) fosterage (marriage prohibited with a woman who breastfed a person at least five times within two years after birth).
If the wife has been thrice repudiated on three different occasions (talaq bain lubra), the husband cannot remarry her unless she marries another person who divorces her after consummation and after the expiration of her ‘idda. A solemnizing officer must ascertain there was no collusion among the parties before performing the subsequent marriage.
Void (batil) marriages include those contracted contrary to the prohibited degrees (Articles 23–26), those contracted in contravention of prohibition against unlawful conjunction, and those contracted by parties who were found guilty of killing the spouse of either of them.
Divorce is the formal dissolution of the marriage bond after exhaustion of possible reconciliation and may be effected by: (a) talaq; (b) ila; (c) zihar; (d) li’an; (e) khul’; (f) tafwid (delegated right); or (g) faskh (judicial decree).
It may be effected by the husband in a single repudiation during the wife’s non-menstrual period (tuhr) within which he has totally abstained from carnal relation. Multiple repudiations during one tuhr count as only one repudiation, and it becomes irrevocable after the expiration of the prescribed ‘idda.
‘Idda is the waiting period prescribed for a woman whose marriage is dissolved by death or by divorce, which completion enables a new marriage. Periods: (a) 4 months and 10 days from death of husband; (b) 3 monthly courses for divorce; (c) until delivery for pregnant women.