Governing policy and purpose
- Presidential Decree No. 793 declares the need to give continued legal sanction to Muslim divorce in the interest of national unification.
- Presidential Decree No. 793 identifies that the Civil Code does not recognize absolute divorce, but that its applicability to Muslim marriages after the prior statutory period could create complicated legal problems for Muslim people.
- Presidential Decree No. 793 emphasizes the continuity of Muslim divorce practices within Muslim areas.
Coverage: who and where
- Section 1 recognizes divorce among Muslims who reside in non-Christian provinces.
- Section 1 requires that recognized divorces be governed by Muslim customs and practices.
Substantive rule on recognition
- Section 1 provides that Muslim divorce among qualified Muslims is recognized.
- Section 1 establishes Muslim customs and practices as the governing standard for such divorce.
Relationship to prior law and transitional effect
- Presidential Decree No. 793 references Republic Act No. 394 and states that the twenty-year period fixed in Republic Act No. 394 expired on June 18, 1969.
- Section 2 establishes retroactive effectivity beginning June 19, 1969 to maintain continuity in legal recognition.