Code of Muslim Personal Laws Philippines

This Code prevails over laws of general application in case of conflict.
Special or local laws are construed liberally to support this Code.
Applies exclusively to Muslims; non-Muslims are not prejudiced.
Courts interpret this Code with reference to primary sources of Muslim law and authoritative treatises.
Muslim customary laws ('Ada) not contrary to constitution, public order, or policy are admissible as evidence and recognized.

"Ada" refers to customary law.
"Muslim" means a person who testifies to Allah's oneness and Prophet Muhammad's prophethood.
"Muslim Law" (Shari'a) covers Quran and Hadith based ordinances governing Muslims.

Every natural person has juridical capacity (legal subject) except death extinguishes it.
Capacity to act can be limited by age, insanity, alienage, insolvency, other conditions provided by this Code and Muslim law.
Personality is acquired at birth; the conceived child is protected if born alive.

Applicable when both parties are Muslim or the male is Muslim and marriage is under Muslim law; otherwise, Civil Code applies.
Marriage is a civil contract and social institution with conditions governed by this Code and Shari'a.
Essential requisites: legal capacity, mutual consent, offer and acceptance witnessed by two persons, guardian consent, and stipulation of dower.
Marriageable age: males 15, females puberty or 15 presumed; under 15 but above 12 may marry by court order.
Marriage solemnization must be public with proper witnesses and authority.
Prohibitions on marriage include consanguinity, affinity, and fosterage within specified degrees.
Muslim males can only have up to four wives and subject to equitable treatment.
Widows and divorcees must observe prescribed waiting periods ('idda) before remarriage.

Void marriages (batil) include incestuous unions, unlawful conjunction, and those involving spouses who killed a spouse.
Irregular marriages (fasid) arise in cases like marriage during 'idda, coercion, or improper solemnization.
Irregular marriages may be validated by a new marriage contract.

Mutual duties: cohabitation, respect, fidelity, support.
Court relief available for neglect or harm by spouse.
Husband fixes family residence; wife may be exempted if conditions warrant.
Wife manages household; consent required for profession; entitled to dower and just treatment.

Divorce dissolves marriage after reconciliation attempts; modes include talaq (repudiation), ila (vow of abstinence), zihar, li'an, khul', tafwid, and judicial decree (faskh).
Talaq: one repudiation per menstrual cycle becomes irrevocable after 'idda expires; husband may revoke during 'idda by resuming cohabitation.
Court may grant divorce on grounds like neglect, cruelty, impotence, insanity, failure to support.
Irrevocable divorce severs marital bonds, affects inheritance rights, custody, dower, and support obligations.

Observed by wives following dissolution of marriage by death or divorce.
Length varies: 4 months 10 days after death; 3 menstrual cycles after divorce; until delivery if pregnant.

Legitimacy is established by valid marriage at child's conception.
Children conceived within lawful wedlock presumed legitimate; presumption rebuttable by proof of impossibility of access.
Acknowledgment by father establishes paternity and inheritance rights.
Adoption does not confer legitimacy but may allow gifts.

Includes sustenance, dwelling, clothing, medical care, and education.
Amount depends on giver's resources and recipient's needs.
Obligations extend to wife during and after marriage (up to 'idda), infant, ascendants, and descendants.
Support ceases on death, destitution of giver, or disqualification of recipient.

Exercised jointly by father and mother over legitimate and acknowledged children; father prevails in disagreement unless court orders otherwise.
Mother exercises authority over children born out of wedlock.
Custody of children under seven goes to mother or closest relatives; minors over seven choose parent.
Guardian for marriage (wali) and minor's property appointed by blood relatives or court if none.
Parental authority non-transferable and terminates on death, emancipation, or court deprivation.

Clerk of Court of Shari'a District Court acts as District Registrar; Circuit Clerks as Circuit Registrars for Muslim marriages, divorces, revocations, conversions.
Registrars keep records, issue certified copies, and maintain indexes.
Corrections and cancellations require court order; unauthorized tampering incurs liability.
Registration constitutes prima facie proof of facts registered.

Estate transmitted upon death; heirs must be alive and not disqualified at decedent’s death.
Includes all property and transmissible rights.
Disqualifications include killing decedent or acts prohibited by Islamic law.
Mutual inheritance rights for acknowledging fathers and children.
Succession order: sharers (fixed shares), residuaries (residue), distant kindred, then acknowledged kin or public treasury.
Testamentary disposition (wills) allowed over one-third of estate with formalities and ratification by heirs.

Comprise Shari'a District Courts and Circuit Courts under Philippine judicial system and Supreme Court supervision.
District Judges must be learned in Islamic law; courts have original and appellate jurisdiction over Muslim personal law cases.
Circuit Courts with judges qualified by exam in Shari'a jurisprudence handle cases on offenses, marriage, divorce, and property disputes among Muslims.

Constituted by Shari'a Courts upon petition to resolve disputes and objections, particularly for divorce and subsequent marriages.

Appointed to render authoritative legal opinions on Muslim law; supervises consistency and clarifies questions presented by parties or courts.

Recognizes specific Islamic dates as legal holidays in designated provinces and cities with Muslim populations or by presidential proclamation.

Defines communal properties including heirlooms, ancestral property, and charitable trusts.
Administration governed by Muslim law; disputes resolved by Shari'a Circuit Courts.
Customary contracts involving real estate or orchards construed as mortgage under Muslim law.

Registration of conversion constitutes prima facie proof of faith.
Conversion of minors under 18 requires parental consent unless emancipated.
Conversion ratifies marriages if no impediment exists; change of religion does not extinguish prior liabilities.

Bigamy prohibitions do not apply to Muslim marriages under this Code.
Offenses include illegal marriage solemnization, violating waiting periods, failing to register marital status changes, and neglect by registrars, with specified penalties including fines and imprisonment.

Pre-Code acts governed by former laws except as modified here.
Muslim marriages before the Code under non-Muslim law may be recognized if registered.
Civil Code and other laws apply suppletorily unless inconsistent.
Code effective immediately and repeals inconsistent laws.