07/05/2025
KUNG MATAGAL at MAGASTOS ANG PROSESO NG ANNULMENT sa PILIPINAS
PWEDE KA BA MAGPA-DIVORCE AYON SA MUSLIM LAWS NG PILIPINAS NA MAS MURA AT MABILIS?
Kailan mo sya pwedeng magamit para ipawalang-bisa ang inyong kasal na ginawa ayon sa CIVIL, CHRISTIAN o CATHOLIC marriage laws?
WHEN DOES MUSLIM DIVORCE SHALL APPLY TO A CIVIL, CHURCH or CHRISTIAN MARRIAGE?
Q: We were married under a CIVIL / CHURCH / CHRISTIAN marriage. Later on, we got separated for many years. Then I got converted to Islam. While he also converted to Islam during our separation. Can we apply for a DIVORCE under Philippine Islamic laws?
A: YES.
Art. 178 of P.D. 1083 reads:
"Effect of conversion to Islam on marriage. - The conversion of non-Muslim spouses to Islam shall have the legal effect of ratifying their marriage as if the same had been performed in accordance with the provision of this code or Muslim law, provided that there is no legal impediment to the marriage under Muslim law"
FOLLOW-UP QUESTION:
Q: How does the MUSLIM DIVORCE LAW applies to a case where a Muslim and a non-Muslim who were married under the CIVIL LAW, CHRISTIAN or CATHOLIC RITES?
Can you explain it further?
FOLLOW-UP ANSWER:
A: PSA Memorandum Circular No. 2015-17 says:
"Thus, the above-cited provision will apply in the following cases:
1. Non-Muslim spouses who were married under civil law but both converted to Islam; and
2. A Muslim and a non-Muslim who were married under civil law, but later the non-Muslim spouse converted to Islam religion.
In case both parties are non-Muslims and only one of them converted to Islam, Article 13, par. 2 of P.D. 1083 will apply, viz:
Art. 13. Application.
(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.
In this case, NO ANNOTATION shall be done on the Certificate of Marriage".
So kung DALAWA kayong naging MUSLIM convert, ang inyong kasal na Civil, Christian or Catholic marriage ayon sa ating batas na ipinaliwanag sa itaas, ay automatic na nagiging ISLAMIC MARRIAGE. Dahil dito, maari ninyo siyang ipawalang bisa ayon sa ating Muslim law on DIVORCE.
Need to know more?
Send us a PRIVATE MESSAGE or set an appointment with us.
Comments below shall not be entertained. Do not wash dirty linen in public. Make your PRIVATE life PRIVATE.
