A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES

• Number: Presidential Decree No. 1083
• Sections: 191

Preamble

WHEREAS, pursuant to the spirit of the provision of the Constitution of the Philippines that, in order to promote the advancement and effective participation of the National Cultural Communities in the building of the New Society, the State shall consider their customs, traditions, beliefs and interests in the formulation and implementation of its policies; WHEREAS, Islamic law and its principles of equity and justice, to which the Filipino Muslim communities adhere, provide an essential basis for the fuller development of said communities in relation to the search for harmonious relations of all segments of the Filipino nation to enhance national unity;

WHEREAS, the enforcement, with the full sanction of the State, of the legal system of the Filipino Muslims shall redound to the attainment of a more ordered life amongst them;

WHEREAS, it is the intense desire of the New Society to strengthen all the ethno-linguistic communities in the Philippines within the context of their respective ways of life in order to bring about a cumulative result satisfying the requirements of national solidarity and social justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution of the Philippines, do hereby ordain and promulgate the "Code of Muslim Personal Laws of the Philippines" as part of the law of the land and hereby decree:

GENERAL PROVISIONS

DEFINITION OF TERMS

PERSONS AND FAMILI RELATIONS

APPLICABLE CLAUSE

MARRIAGE (NIKAH)

SECTION 1. Requisites of Marriage. —

DIVORSE (TALAQ)

SECTION 1. —Nature and Form.

NATURE AND EFFECTS

CUSTODY AND GUARDIANSHIP

REGISTRY OF MARRIAGE,

DIVORCE AND CONVERSATIONS

OTHER ACTS AFFECTING

CIVIL STATUS

SUCCESSION

WILLS

SHARES

RESIDUARY HEIRS

DISTANT KINDRED (DHAW-UL-ARHAM)

ADJUCATION AND SETTLEMENT

OF DISPUTES AND RENDITION OF

LEGAL OPINIONS

SHARI'A DISTRICT COURTS

SHARI'A CIRCUIT COURTS

MISCELLANEOUS AND TRANSITORY PROVISIONS

PROVISIONS

RULE OF BIGAMY

SPECIFIC OFFENSES

Article 1 Title.

ARTICLE 1. Title. — This decree shall be known as the "Code of Muslim Personal Laws of the Philippines."

Article 2 Purpose of Code.

ARTICLE 2. Purpose of Code. — Pursuant to Section 11 of Article XV of the Constitution of the Philippines, which provides that "The State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies," this Code:

(a) Recognizes the legal system of the Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more effective;

(b) Codifies Muslim personal laws; and

(c) Provides for an effective administration and enforcement of Muslim personal laws among Muslims.

Article 3 Conflict of provisions.

ARTICLE 3. Conflict of provisions. — (1) In case of conflict between any provision of this Code and laws of general application, the former shall prevail.

(2) Should the conflict be between any provision of this Code and special laws or laws of local application, the latter shall be liberally construed in order to carry out the former.

(3) The provisions of this Code shall be applicable only to Muslims and nothing herein shall be construed to operate to the prejudice of a non-Muslim.

Article 4 Construction and interpretation.

ARTICLE 4. Construction and interpretation. — (1) In the construction and interpretation of this Code and other Muslim laws, the court shall take into consideration the primary sources of Muslim law.

(2) Standard treatises and works on Muslim law and jurisprudence shall be given persuasive weight in the interpretation of Muslim law.

Article 5 Proof of Muslim law and 'äda.

ARTICLE 5. Proof of Muslim law and 'äda. — Muslim law and 'äda not embodied in this Code shall be proven in evidence as a fact. No 'äda which is contrary to the Constitution of the Philippines, this Code, Muslim law, public order, public policy or public interest shall be given any legal effect.

Article 6 Conflict in Islamic schools of law.

ARTICLE 6. Conflict in Islamic schools of law. — (1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law (Madhähib), that which is in consonance with the Constitution of the Philippines, this Code, public order, public policy and public interest shall be given effect.

(2) The Muslim schools of law shall, for purposes of this Code, be the Hanfi, the Hanbali, the Maliki and the Shafi 'i.

Article 7 Definition of terms.

ARTICLE 7. Definition of terms. — Unless the context otherwise provides:

(a) "Agama Arbitration Council" means a body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them.

(b) "Ada" means customary law.

(c) "General Register" means the General Register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments kept by the Registrar under this Code.

(d) "Ihram" signifies the state of ritual consecration of a person while on pilgrimage to Mecca.

(e) "Madhhab" (plural, Madhähib) means any of the four orthodox (Sunni) schools of Muslim law.

(f) "Month" means a period of thirty days.

(g) "Muslim" is a person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam.

(h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations governing Muslims as found principally in the Qur'an and the Hadith.

(i) "Muslim Personal Law" includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses as provided for in this Code.

Article 8 Legal capacity.

ARTICLE 8. Legal capacity. — Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Article 9 Restrictions on capacity.

ARTICLE 9. Restrictions on capacity. — The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being deaf-mute, the condition of death-illness (marad-ul-maut), penalty, prodigality, absence, family relations, alienage, insolvency, and trusteeship. The consequences of these circumstances are governed by this Code and other Islamic laws and, in a suppletory manner, by other laws.

Article 10 Personality, how acquired.

ARTICLE 10. Personality, how acquired. — Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born alive, however, briefly, at the time it is completely delivered from the mother's womb.

Article 11 Extinction of personality.

ARTICLE 11. Extinction of personality. — (1) Civil personality is extinguished by death. The effect of death upon the rights and obligations of a deceased person is determined by this Code, by contract, and by will.

(2) After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead.

Article 12 Simultaneous death.

ARTICLE 12. Simultaneous death. — If, as between two or more persons who are called to succeed each other, there is a doubt as to which of them died first, whoever alleges the death of one prior to the other shall prove the same; in the absence of such proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. However, the successional rights of their respective heirs shall not be affected.

Article 13 Application.

ARTICLE 13. Application. — (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

(3) Subject to the provisions of the preceding paragraphs, the 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 the property relations between husband and wife shall be governed by this Code and other applicable Muslim laws.

Article 14 Nature.

ARTICLE 14. Nature. — Marriage is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations of the spouses.

Article 15 Essential requisites.

ARTICLE 15. Essential requisites. — No marriage contract shall be perfected unless the following essential requisites are complied with:

(a) Legal capacity of the contracting parties;

(b) Mutual consent of the parties freely given;

(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and

(d) Stipulation of customary dower (mahr) duly witnessed by two competent persons.

Article 16 Capacity to contract marriage.

ARTICLE 16. Capacity to contract marriage. — (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen.

(2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty.

(3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather.

Article 17 Marriage ceremony.

ARTICLE 17. Marriage ceremony. — No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third.

Article 18 Authority to solemnize marriage.

ARTICLE 18. Authority to solemnize marriage. — Marriage may be solemnized:

(a) By the proper wali of the woman to be wedded;

(b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or

(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization.

Article 19 Place of solemnization.

ARTICLE 19. Place of solemnization. — Marriage shall be solemnized publicly in any mosque, office of the Shari'a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties.

Article 20 Specification of dower.

ARTICLE 20. Specification of dower. — The amount or value of dower may be fixed by the contracting parties (marh-musamma) before, during, or after the celebration of the marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be determined by the court according to the social standing of the parties.

Article 21 Payment of dower.

ARTICLE 21. Payment of dower. — Subject to the stipulation of the parties, the dower may be fully or partially paid before, during, or after the marriage. The property or estate of the husband shall be liable for the unpaid dower, or any part thereof.

Article 22 Breach of contract.

ARTICLE 22. Breach of contract. — Any person who has entered into a contract to marry but subsequently refuses without reasonable ground to marry the other party who is willing to perform the same shall pay the latter the expenses incurred for the preparation of the marriage and such damages as may be granted by the court.

SECTION 2. — Prohibited Marriages.

Article 23 Bases of prohibition.

ARTICLE 23. Bases of prohibition. — No marriage may be contracted by parties within the prohibited degrees:

(a) Of consanguinity;

(b) Of affinity; and

(c) Of fosterage.

Article 24 Prohibition by consanguinity (tahrimjbin-nasab).

ARTICLE 24. Prohibition by consanguinity (tahrimjbin-nasab). — No marriage shall be contracted between: cdtai

(a) Ascendants and descendants of any degree;

(b) Brothers and sisters, whether germane, consanguine or uterine; and

(c) Brothers or sisters and their descendants within the third civil degree.

Article 25 Prohibition by affinity (tahrim-bill-musahara).

ARTICLE 25. Prohibition by affinity (tahrim-bill-musahara). — (1) No marriage shall be contracted between:

(a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree;

(b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated;

(c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and

(d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants.

(2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship.

Article 26 Prohibition due to fosterage (tahrim-bir-rada'a).

ARTICLE 26. Prohibition due to fosterage (tahrim-bir-rada'a). — (1) No person may validly contract marriage with any woman who breastfed him for at least five times within two years after his birth.

(2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to exception recognized by Muslim law.

SECTION 3. — Subsequent Marriages.

Article 27 By a husband.

ARTICLE 27. By a husband. — Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but not more than four at a time, no Muslim male can have more than one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases.

Article 28 By widow.

ARTICLE 28. By widow. — No widow shall contract a subsequent marriage unless she has observed an 'idda of four months and ten days counted from the date of the death of her husband. If at that time the widow is pregnant, she may remarry within a reasonable time after delivery. In such case, she shall produce the corresponding death certificate.

Article 29 By divorcee.

ARTICLE 29. By divorcee. — (1) No woman shall contract a subsequent marriage unless she has observed an 'idda of three monthly courses counted from the date of divorce. However, if she is pregnant at the time of the divorce, she may remarry only after delivery.

(2) Should a repudiated woman and her husband reconcile during her 'idda, he shall have a better right to take her back without need of a new marriage contract.

(3) Where it is indubitable that the marriage has not been consummated when the divorce was affected, no 'idda shall be required.

Article 30 Marriage after three talaq.

ARTICLE 30. Marriage after three talaq. — (1) Where a wife has been thrice repudiated (talaq bain lubra) on three different occasions by her husband, he cannot remarry her unless she shall have married another person who divorces her after consummation of the intervening marriage and the expiration of the 'idda.

(2) No solemnizing officer shall perform the subsequent marriage mentioned in the preceding paragraph unless he has ascertained that there was no collusion among the parties.

SECTION 4. Batil and Fasi Marriages. —

Article 31 Batil marriages.

ARTICLE 31. Batil marriages. — The following marriages shall be void (batil) from the beginning:

(a) Those contracted contrary to Articles 23, 24, 25 and 26;

(b) Those contracted in contravention of the prohibition against unlawful conjunction; and

(c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them.

Article 32 Fasid marriages.

ARTICLE 32. Fasid marriages. — The following marriages shall be irregular (fasid) from their performance:

(a) Those contracted with a female observing 'idda;

(b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation;

(d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated;

(e) Those contracted by a party in a state of ihram; and

(f) Mixed marriages not allowed under Islamic law.

Article 33 Validation of irregular marriages.

ARTICLE 33. Validation of irregular marriages. — (1) Irregular marriages may be made regular by a new marriage contract in the following cases:

(a) Those referred to in Article 32(a), after the impediment has been removed;

(b) Those referred to in Article 32(b), upon compliance with the requirement of Article 30;

(c) Those referred to in Article 32(c), after the causes vitiating consent have ceased;

(d) Those referred to in Article 32(d), in case the party recovers;

(e) Those referred to in Article 32(e), when the party is no longer in a state of ihram; and

(f) Those referred to in Article 32(f), after conversion to a faith that could have made the marriage valid.

(2) The effects of the new marriage under the first paragraph shall retroact to the date of the celebration of the irregular marriage.

SECTION 5. —Rights and Obligations Between Spouses.

Article 34 Mutual rights and obligations.

ARTICLE 34. Mutual rights and obligations. — (1) The husband and the wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may petition the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper.

(3) The husband and the wife shall inherit from each other in accordance with this Code.

(4) The husband and the wife shall have the right to divorce in accordance with this Code.

Article 35 Rights and obligations of the husband.

ARTICLE 35. Rights and obligations of the husband. — The husband shall fix the residence of the family. The court may exempt the wife from living with her husband on any of the following grounds:

(a) Her dower is not satisfied in accordance with the stipulations; or

(b) The conjugal dwelling is not in keeping with her social standing or is, for any reason, not safe for the members of the family or her property.

Article 36 Rights and obligations of the wife.

ARTICLE 36. Rights and obligations of the wife. — (1) The wife shall dutifully manage the affairs of the household. She may purchase things necessary for the maintenance of the family, and the husband shall be bound to reimburse the expenses, if he has not delivered the proper sum.

(2) The wife cannot, without the husband's consent, acquire any property by gratuitous title, except from her relatives who are within the prohibited degrees in marriage.

(3) The wife may, with her husband's consent, exercise any profession or occupation or engage in lawful business which is in keeping with Islamic modesty and virtue. However, if the husband refuses to give his consent on the ground that his income is sufficient for the family according to its social standing or his opposition is based on serious and valid grounds, the matter shall be referred to the Agama Arbitration Council.

(4) The wife shall have the right to demand the satisfaction of her mahr.

(5) Unless otherwise stipulated in the marriage settlements, the wife retain ownership and administration of her exclusive property.

(6) The wife shall be entitled to an equal and just treatment by the husband.

SECTION 6. —Property Relations Between Spouses.

Article 37 How governed.

ARTICLE 37. How governed. — The property relations between husband and wife shall be governed in the following order:

(a) By contract before or at the time of the celebration of marriage;

(b) By the provisions of this Code; and

(c) By custom.

Article 38 Regime of property relations.

ARTICLE 38. Regime of property relations. — The property relations between the spouses, in the absence of any stipulation to the contrary in the marriage settlements or any other contract, shall be governed by the regime of complete separation of property in accordance with this Code and, in a suppletory manner, by the general principles of Islamic law and the Civil Code of the Philippines.

Article 39 Stipulation in the marriage settlements.

ARTICLE 39. Stipulation in the marriage settlements. — Every stipulation in the marriage settlements or contract referred to in the preceding article shall be void and without effect whatsoever, should the marriage not take place. However, stipulations that do not depend upon the contract of marriage shall be valid.

Article 40 Ante-nuptial property.

ARTICLE 40. Ante-nuptial property. — The wife shall not lose ownership and administration of all properties brought by her to the marriage in the absence of any written agreement to the contrary, and she may dispose of the same by deed or otherwise even without the consent of her husband.

Article 41 Exclusive property of each spouse.

ARTICLE 41. Exclusive property of each spouse. — The following shall be the exclusive property of either spouse:

(a) Properties brought to the marriage by the husband or the wife;

(b) All income derived by either spouse from any employment, occupation or trade;

(c) Any money or property acquired by either spouse during marriage by lucrative title;

(d) The dower (mahr) of the wife and nuptial gifts to each spouse;

(e) Properties acquired by right of redemption, purchase or exchange of the exclusive property of either; and

(f) All fruits of properties in the foregoing paragraphs.

Article 42 Ownership and administration.

ARTICLE 42. Ownership and administration. — Each spouse shall own, possess, administer, enjoy and dispose of his or her own exclusive estate even without the consent of the other. However, the court may, upon petition of either spouse, grant to the other the administration of such property.

Article 43 Household property.

ARTICLE 43. Household property. — Household property which customarily pertains to or is used by either spouse shall be prima facie presumed to be the property of said spouse.

Article 44 Right to sue and be sued.

ARTICLE 44. Right to sue and be sued. — The wife may, independently of the husband, sue or be sued in the following cases:

(a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property;

(c) If the litigation is incidental to her profession, occupation or business;

(d) If the litigation concerns the exclusive property of the husband, the administration of which has been transferred to her; or

(e) Such other appropriate cases as may be followed by the general principles of Islamic law and other laws.

Article 45 Definition and forms.

ARTICLE 45. Definition and forms. — Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses. It may be effected by:

(a) Repudiation of the wife by the husband (talaq);

(b) Vow of continence by the husband (ila);

(c) Injurious assimilation of the wife by the husband (zihar);

(d) Acts of imprecation (li'an);

(e) Redemption by the wife (khul');

(f) Exercise by the wife of the delegated right to repudiate (tafwld); or

(g) Judicial decree (faskh).

Article 46 Divorce by talaq.

ARTICLE 46. Divorce by talaq. — (1) A divorce by talaq may be effected by the husband in a single repudiation of his wife during her non-menstrual period (tuhr) within which he has totally abstained from carnal relation with her. Any number of repudiations made during one tuhr shall constitute only one repudiation and shall become irrevocable after the expiration of the prescribed 'idda.

(2) A husband who repudiates his wife, either for the first or second time, shall have the right to take her back (ruju) within the prescribed 'idda by resumption of cohabitation without need of a new contract of marriage. Should he fail to do so, the repudiation shall become irrevocable (Talaq bain sugra).

Article 47 Divorce by Ila.

ARTICLE 47. Divorce by Ila. — Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing.

Article 48 Divorce by zihar.

ARTICLE 48. Divorce by zihar. — Where the husband has injuriously assimilated (zihar) his wife to any of his relatives within the prohibited degrees of marriage, they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. The wife may ask the court to require her husband to perform the expiation or to pronounce a regular talaq should he fail or refuse to do so, without prejudice to her right of seeking other appropriate remedies.

Article 49 Divorce by li'an.

ARTICLE 49. Divorce by li'an. — Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li'an).