Code of Muslim Personal Laws Philippines

Presidential Decree No. 1083
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.
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Policy, purpose, and constitutional basis

  • The Code is anchored on Section 11 of Article XV of the Constitution, requiring the State to consider the customs, traditions, beliefs and interests of national cultural communities in formulating and implementing policies (Article 2).
  • The Code recognizes the legal system of Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more effective (Article 2).
  • The Code codifies Muslim personal laws (Article 2).
  • The Code provides for effective administration and enforcement of Muslim personal laws among Muslims (Article 2).

How the Code applies and is interpreted

  • When there is a conflict between a provision of the Code and a law of general application, the Code prevails (Article 3(1)).
  • When there is a conflict between a provision of the Code and special laws or laws of local application, the special or local law is liberally construed to carry out the Code (Article 3(2)).
  • The Code’s provisions apply only to Muslims and must not be construed to operate to the prejudice of a non-Muslim (Article 3(3)).
  • Courts must, in construing and interpreting the Code and other Muslim laws, take into consideration the primary sources of Muslim law (Article 4(1)).
  • Standard treatises and works on Muslim law and jurisprudence are given persuasive weight in interpreting Muslim law (Article 4(2)).
  • Muslim law and ‘Ada not embodied in the Code must be proven as facts in evidence (Article 5).
  • No ‘Ada that is contrary to the Constitution, the Code, Muslim law, public order, public policy, or public interest is given legal effect (Article 5).
  • When there is conflict among orthodox Sunni Muslim schools of law (MadhAhib), the rule consonant with the Constitution, the Code, public order, public policy, and public interest is given effect (Article 6(1)).
  • For purposes of the Code, the Muslim schools of law are the Hanfi, Hanbali, Maliki, and Shafi ‘i (Article 6(2)).

Definitions and key concepts

  • “Agama Arbitration Council” means a body composed of the Chairman and a representative of each party that takes all necessary steps to resolve conflicts between them (Article 7(a)).
  • “Ada” means customary law (Article 7(b)).
  • “General Register” means the General Register of marriages, divorces, revocations of divorces, conversion, and other deeds or instruments kept by the Registrar under the Code (Article 7(c)).
  • “Ihram” signifies the state of ritual consecration of a person while on pilgrimage to Mecca (Article 7(d)).
  • “Madhhab (plural, MadhAhib)” means any of the four orthodox Sunni schools of Muslim law (Article 7(e)).
  • “Month” means a period of thirty days (Article 7(f)).
  • “Muslim” is a person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam (Article 7(g)).
  • “Muslim Law (Shari’a)” refers to ordinances and regulations governing Muslims found principally in the Qur’an and Hadith (Article 7(h)).
  • “Muslim Personal Law” includes laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses as provided in the Code (Article 7(i)).

Scope: persons, marriage, and divorce rules

  • The rules on marriage and divorce apply to:
    • marriages and divorces where both parties are Muslims, or
    • where only the male party is a Muslim and the marriage is solemnized under Muslim law or the Code anywhere in the Philippines (Article 13(1)).
  • If marriage is between a Muslim and a non-Muslim and is solemnized not in accordance with Muslim law or the Code, the Civil Code of the Philippines applies (Article 13(2)).
  • The Code governs essential requisites and legal impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry, solemnization and registration of marriage and divorce, rights and obligations between husband and wife, parental authority, and property relations between spouses, subject to applicable Muslim laws (Article 13(3)).
  • Marriage is treated as a social institution and is not only a civil contract; its nature, consequences, and incidents are governed by the Code and Shari’a, not subject to stipulation, except that marriage settlements may to a certain extent fix property relations (Article 14).

Marriage: requisites, solemnization, and dower

  • A marriage contract is perfected only if the following essential requisites are complied with (Article 15):
    • legal capacity of the parties,
    • mutual consent freely given,
    • ijab and qabul duly witnessed by at least two competent persons after the proper guardian (wali) gives consent,
    • stipulation of customary dower (mahr) duly witnessed by two competent persons.
  • Capacity to contract marriage:
    • Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards may contract marriage (Article 16(1)).
    • A female is presumed to have attained puberty upon reaching the age of fifteen (Article 16(1)).
    • A Shari’a District Court may, upon petition of a proper wali, order solemnization of a female’s marriage if she is less than fifteen but not below twelve and has attained puberty (Article 16(2)).
    • A 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 four years after attaining puberty, provided no voluntary cohabitation occurred and the wali who contracted the marriage was other than the father or paternal grandfather (Article 16(3)).
  • No particular form is required, but ijab and qabul must be declared publicly in the presence of the person solemnizing and two competent witnesses, and recorded in an instrument in triplicate, signed/marked by the parties and witnesses, and attested by the solemnizing officer; one copy is given to the parties and another sent to the Circuit Registrar, with the officer keeping the third (Article 17).
  • Authority to solemnize marriage includes:
    • the proper wali of the woman,
    • any competent person under Muslim law upon authority of the proper wali,
    • the Shari’a judge or designated person if the proper wali refuses without justifiable reason (Article 18).
  • Place of solemnization must be public in a mosque, office of the Shari’a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or any other suitable place agreed upon by the parties (Article 19).
  • Dower specification:
    • amount/value may be fixed before, during, or after celebration (marh-musamma),
    • if not fixed, court determines mahr-mithl upon petition of the wife according to social standing of the parties (Article 20).
  • Dower payment:
    • dower may be fully/partially paid before, during, or after marriage,
    • the husband’s property/estate is liable for unpaid dower (Article 21).
  • Breach of contract to marry:
    • a person who refuses without reasonable ground to marry after contracting to marry must pay the other party the expenses for preparation and damages granted by the court (Article 22).

Prohibited marriages and invalidity categories

  • No marriage may be contracted within prohibited degrees of:
    • consanguinity,
    • affinity, or
    • fosterage (Article 23).
  • Consanguinity prohibitions include marriages between:
    • ascendants and descendants of any degree,
    • brothers and sisters (germane, consanguine, or uterine),
    • brothers/sisters and their descendants within the third civil degree (Article 24).
  • Affinity prohibitions include marriages between:
    • spouses and their affinal relatives in the ascending line and collateral line within the third degree,
    • stepfather-stepdaughter when the stepfather’s marriage with the stepdaughter’s mother has been consummated,
    • stepmother-stepson when the stepmother’s marriage with the step-son’s father has been consummated,
    • stepson/stepdaughter and the widow/widower/divorcee of the respective ascendant (Article 25(1)).
  • The affinity prohibition applies even after dissolution of the marriage that created the affinal relationship (Article 25(2)).
  • Fosterage prohibition:
    • no person may validly marry a woman who breastfed him at least five times within two years after his birth (Article 26(1)).
    • consanguinity-by-fosterage applies in the same degrees subject to exceptions recognized by Muslim law (Article 26(2)).
  • Subsequent marriage limitations:
    • while Islamic law permits more than one wife up to four, the Code limits: no Muslim male can have more than one wife unless he can deal with them with equal companionship and just treatment and only in exceptional cases (Article 27).
  • ‘Idda conditions for remarriage:
    • widow must observe ‘idda of four months and ten days counted from husband’s death; if pregnant, she may remarry within reasonable time after delivery and must produce the corresponding death certificate (Article 28).
    • divorcee must observe ‘idda of three monthly courses counted from divorce; if pregnant, she may remarry only after delivery (Article 29(1)).
    • if repudiated spouses reconcile during ‘idda, husband has a better right to take her back without need of a new marriage contract (Article 29(2)).
    • if it is indubitable that marriage was not consummated when divorce occurred, no ‘idda is required (Article 29(3)).
  • Marriage after three talaq:
    • after thrice repudiated (talaq bain lubra) on three different occasions, husband cannot remarry unless wife marries another person who divorces her after consummation and expiration of ‘idda (Article 30(1)).
    • solemnizing officer must ascertain no collusion among parties before performing the subsequent marriage (Article 30(2)).
  • Batil marriages (void from the beginning) include:
    • marriages contracted contrary to Articles 23, 24, 25, and 26,
    • marriages contracted in contravention of the prohibition against unlawful conjunction,
    • marriages where either party was found guilty of having killed the spouse of either of them (Article 31).
  • Fasid marriages (irregular from performance) include:
    • marriages with a female observing ‘idda,
    • marriages contrary to Article 30,
    • marriages where consent is vitiated by violence, intimidation, fraud, deceit, or misrepresentation,
    • marriages by a party in death-illness (marad-ul-maut) without consummation,
    • marriages by a party in a state of ihram,
    • mixed marriages not allowed under Islamic law (Article 32).
  • Irregular marriages may become regular by a new marriage contract when:
    • impediment removed (Article 32(a) case),
    • compliance with Article 30 requirements (Article 32(b) case),
    • causes vitiating consent cease (Article 32(c) case),
    • party recovers (Article 32(d) case),
    • party is no longer in ihram (Article 32(e) case),
    • conversion to a faith that could have made marriage valid (Article 32(f) case) (Article 33(1)).
  • The effects of the new marriage retroact to the date of the celebration of the irregular marriage (Article 33(2)).

Rights and obligations between spouses

  • Husband and wife must:
    • live together,
    • observe mutual respect and fidelity,
    • render mutual help and support in accordance with the Code (Article 34(1)).
  • When a spouse neglects duties or brings danger, dishonor, or material injury, the injured spouse may petition the court for relief; the court may counsel and take proper measures (Article 34(2)).
  • Husband and wife inherit from each other according to the Code (Article 34(3)).
  • Spouses have the right to divorce according to the Code (Article 34(4)).
  • Husband obligations:
    • husband fixes the family residence,
    • court may exempt wife from living with husband on grounds that dower is not satisfied per stipulations or the conjugal dwelling is not in keeping with her social standing or is unsafe for family members or her property (Article 35).
  • Wife obligations and rights:
    • wife manages household affairs and may purchase necessities; husband must reimburse if proper sum was not delivered (Article 36(1)),
    • wife cannot acquire property by gratuitous title without husband’s consent except from relatives within prohibited degrees of marriage (Article 36(2)),
    • wife may, with husband’s consent, exercise profession/occupation or engage in lawful business compatible with Islamic modesty and virtue; if husband refuses on the ground his income is sufficient or opposition is based on serious and valid grounds, the matter is referred to the Agama Arbitration Council (Article 36(3)),
    • wife has the right to demand satisfaction of her mahr (Article 36(4)),
    • unless otherwise stipulated, wife retains ownership and administration of exclusive property (Article 36(5)),
    • wife is entitled to equal and just treatment by husband (Article 36(6)).

Property relations and court remedies

  • Property relations between husband and wife are governed in this order:
    • by contract before or at celebration,
    • by provisions of the Code,
    • by custom (Article 37).
  • Absent contrary stipulation in marriage settlements or other contract, property relations follow the regime of complete separation of property under the Code, and in a suppletory manner by Islamic law principles and the Civil Code of the Philippines (Article 38).
  • Stipulations in marriage settlements that depend on the marriage not occurring are void; stipulations that do not depend on the contract of marriage are valid (Article 39).
  • Ante-nuptial property:
    • wife does not lose ownership/administration of properties she brought to marriage absent written agreement to the contrary,
    • wife may dispose of those properties by deed or otherwise even without husband’s consent (Article 40).
  • Exclusive property of each spouse includes:
    • properties brought to marriage by husband or wife,
    • income derived from employment/occupation/trade,
    • money/property acquired during marriage by lucrative title,
    • wife’s dower and nuptial gifts,
    • rights of redemption, purchase, or exchange of exclusive property,
    • fruits of the foregoing (Article 41).
  • Each spouse owns/possesses/administers/enjoys/disposes of exclusive estate even without consent of the other; the court may, upon petition of either spouse, grant administration of such property to the other (Article 42).
  • Household property customarily pertaining to or used by either spouse is prima facie presumed to be that spouse’s property (Article 43).
  • Wife’s right to sue and be sued independently of husband exists in cases including:
    • litigation between husband and wife,
    • cases concerning her exclusive property,
    • cases incidental to her profession/occupation/business,
    • cases concerning exclusive property of husband whose administration is transferred to her,
    • other appropriate cases under Islamic law and other laws (Article 44).

Divorce: forms, grounds, and effects

  • Divorce is the formal dissolution of the marriage bond, granted only after exhaustion of all possible reconciliation means, and may be effected by:
    • talaq,
    • ila,
    • zihar,
    • li’an,
    • khul’,
    • ta fwid (delegated right to repudiate),
    • faskh by judicial decree (Article 45).
  • Talaq:
    • husband may effect talaq by a single repudiation during the wife’s non-menstrual period (tuhr) when husband totally abstained from carnal relation,
    • multiple repudiations in one tuhr constitute only one repudiation and become irrevocable after ‘idda expires,
    • husband may take wife back (ruju) within ‘idda without new marriage contract; failure makes repudiation irrevocable (talaq bain sugra) (Article 46).
  • Ila:
    • if husband vows abstinence from carnal relations and keeps it for not less than four months, wife may seek court divorce after due notice and hearing (Article 47).
  • Zihar:
    • if husband injuriously assimilates wife to a relative within prohibited degrees, they must refrain from carnal relation until prescribed expiation is performed,
    • wife may ask court to require expiation or pronounce regular talaq if husband fails/refuses, without prejudice to other remedies (Article 48).
  • Li’an:
    • if husband accuses wife of adultery in court, court may grant decree of perpetual divorce after hearing and after the parties perform li’an (Article 49).
  • Khul’:
    • wife may petition for divorce after offering to return or renounce dower or pay other lawful consideration; court issues corresponding decree in meritorious cases after fixing consideration (Article 50).
  • Tafd iw:
    • if husband delegates to wife the right to effect talaq at celebration or later, wife’s repudiation has the same effect as if pronounced by husband (Article 51).
  • Faskh (judicial divorce) may be decreed upon wife’s petition on grounds including:
    • husband neglect/failure to provide support for at least six consecutive months,
    • final conviction sentencing imprisonment for at least one year,
    • failure to perform for six months without reasonable cause marital obligations,
    • husband’s impotency,
    • insanity or incurable disease making marriage continuance injurious to the family,
    • unusual cruelty as defined,
    • other causes recognized under Muslim law for dissolution by faskh at instance of wife or proper wali (Article 52).
  • Unusual cruelty includes if husband:
    • habitually assaults wife or makes her life miserable by cruel conduct even without physical injury,
    • associates with persons of ill-repute or leads an infamous life or attempts to force wife into immoral life,
    • compels wife to dispose of her exclusive property or prevents exercising legal rights over it,
    • obstructs wife’s religious observance,
    • does not treat wife justly and equitably as enjoined by Islamic law (Article 53).
  • Effects when talaq or faskh becomes irrevocable:
    • marriage bond severed; spouses may contract another marriage per the Code,
    • spouses lose mutual rights of inheritance,
    • custody of children determined in accordance with Article 78,
    • wife recovers whole dower if talaq effected after consummation, or one-half if before consummation,
    • husband remains obliged to give support under Article 67,
    • conjugal partnership dissolved and liquidated if stipulated in marriage settlements (Article 54).
  • Effects of ila, zihar, li’an, and khul’:
    • the effects in the preceding article apply, subject to effects of compliance with Islamic law requirements relative to those divorces (Article 55).

‘Idda and waiting periods

  • ‘Idda is the waiting period prescribed for a woman whose marriage is dissolved by death or divorce, enabling her to contract a new marriage (Article 56).
  • ‘Idda periods:
    • death dissolution: four months and ten days from death of husband,
    • divorce termination: three monthly courses,
    • pregnant woman: period extending until delivery (Article 57(1)).
  • If husband dies while wife is observing ‘idda for divorce, she must observe another ‘idda for death per Article 57(1)(a) (Article 57(2)).

Paternity, legitimacy, support-linked status

  • Legitimacy is established by evidence of a valid marriage between father and mother at the time of conception (Article 58).
  • Children conceived in lawful wedlock are presumed legitimate; the claimant of illegitimacy must prove it (Article 59(1)).
  • Children born after six months following consummation or within two years after dissolution are presumed legitimate; no evidence is admitted to rebut the presumption except physical impossibility of access at or about conception (Article 59(2)).
  • If wife contracts another marriage after expiration of her ‘idda, the child born within six months from dissolution of prior marriage is presumed conceived during the former marriage; those born thereafter are presumed conceived during the latter marriage (Article 60).
  • If wife believes she is pregnant by former husband after dissolution, she must notify former husband or his heirs within thirty days from becoming aware; the husband or heirs may ask court measures to prevent simulation of birth (Article 61).
  • Rights of legitimate children:
    • bear surnames of father and mother,
    • receive support from father or, if in default, from his heirs under Articles 65 and 68,
    • share in legitimate (furud) and other successional rights recognized by the Code (Article 62).
  • A father’s acknowledgment (igra) establishes paternity and confers upon each the right to inherit from the other exclusively under Article 94, if:
    • father publicly accepts he is the father of a child who does not impugn it,
    • relationship does not appear impossible due to disparity in age (Article 63).
  • Adoption does not confer the status and rights of a legitimate child under Muslim law, except that the adopted person may receive a gift (hiba) (Article 64).

Support (nafaqa): definition, amount, and duration

  • Support (nafaqa) includes everything indispensable for sustenance, dwelling, clothing, and medical attendance according to the social standing of the giver, and education of the recipient until completion of education/training/vocation even beyond majority (Article 65).
  • Amount of support must be proportional to the giver’s resources and the recipient’s needs (Article 66).
  • Support for wife and infant:
    • wife entitled to support during marriage,
    • in divorce (talaq), entitlement extends until ‘idda expires; if pregnant at separation, support until delivery,
    • divorced nursing mother breastfeeding for two years is entitled to support until time of weaning (Article 67(1)-(2)).
  • Support between ascendants and descendants:
    • ascendants and descendants must support each other in order of intestate succession rights to the person who may claim support (Article 68).
  • Payment rules:
    • obligation is demandable when recipient needs it, but is not paid except from the date it is extrajudicially demanded,
    • payment is daily, weekly, or monthly in advance; heirs do not have to return amounts received in advance upon recipient’s death,
    • if recipient is the wife, these rules apply even if marriage is dissolved (Article 69).
  • Extinguishment of support:
    • ceases upon death of the recipient,
    • ceases when obligor resources are reduced so he cannot give support without neglecting his own need and those of his family, except that even a needy husband remains obliged to support the wife,
    • ceases upon recipient committing acts giving rise to disqualification to inherit or denial of support under Muslim law (Article 70).

Parental authority, custody, and guardianship

  • Parental authority:
    • father and mother jointly exercise just and reasonable authority and responsibilities over legitimate and acknowledged children; in disagreement, father’s decision prevails unless a judicial order says otherwise (Article 71(1)),
    • mother exercises parental authority over children born out of wedlock, but court may appoint a general guardian when best interests so require (Article 71(2)).
  • Children must respect, revere, and obey their parents always unless parents cast them into disbelief (Article 72(1)).
  • Grandparents are likewise entitled to respect and reverence and must be consulted whenever practicable on important family questions (Article 72(2)).
  • Parents and persons exercising parental authority must ensure children’s rights are respected, duties complied with, and must imbue them with religious and civic attachment to the ideal of permanent world peace by precept and example (Article 73).
  • Effects on person of unemancipated children:
    • duty to support, have them in their company, educate and instruct per means, and represent them in actions benefiting them,
    • power to correct, discipline, and punish moderately (Article 74).
  • Effects on property of children:
    • father (or mother in father’s absence) administers the child’s property,
    • if property is worth more than five thousand pesos, father or mother must give a bond approved by the court,
    • court may appoint guardian (wasi) in absence of a natural or testamentary guardian (Article 75).
  • Parental authority is non-transferable and cannot be renounced or transferred except as otherwise provided in the Code and general principles of Islamic law (Article 76).
  • Extinguishment:
    • terminates upon death of parents or child or upon emancipation,
    • widowed mother contracting a subsequent marriage loses parental authority and custody over all children by deceased husband unless second husband is related within prohibited degrees of consanguinity,
    • court may deprive or suspend parental authority for excessive harshness, corrupting/immoral orders and counsel, or abandonment (Article 77(1)-(3)).
  • Custody after divorce:
    • children below seven years: care/custody belongs to mother or, in her absence, maternal grandmother, paternal grandmother, sister, and aunts; failing these, it devolves upon father and nearest paternal relatives,
    • minor above seven but below age of puberty may choose parent to stay with,
    • unmarried daughter at puberty stays with father; son at puberty stays with mother (Article 78(1)-(2)).
  • Guardian for marriage (wali) precedence: father, paternal grandfather, brother and other paternal relatives, paternal grandfather’s executor/nominee, then court (Article 79).
  • Guardian of minor’s property precedence: father, father’s executor/nominee, paternal grandfather, paternal grandfather’s nominee, then court (Article 80).

Civil registry for Muslim marital acts

  • Shari’a court registrars:
    • Clerk of Court of the Shari’a District Court acts as District Registrar for Muslim marriages, divorces, revocations of divorces, and conversions within its territorial jurisdiction,
    • Clerk of Court of the Shari’a Circuit Court acts as Circuit Registrar within its jurisdiction (Article 81).
  • District Registrar duties:
    • supervise Circuit Registrars in each Shari’a District,
    • keep and bind copies of certificates sent by Circuit Registrars in separate general registers,
    • send copies in accordance with Act No. 3753,