Code of Muslim Personal Laws

Section 1

Requisites of Marriage. —

Section 2

Prohibited Marriages. —

Section 3

Subsequent Marriages. —

Section 3

Property Relations Between Spouses. —

Section 4

Batil and Fasi Marriages. —

Section 5

Rights and Obligations Between Spouses. —

Article 14

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

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

(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

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

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

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

The amount or value of dower may be fixed by the contracting parties (mahr-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

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

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.

Article 23

No marriage may be contracted by parties within the prohibited degrees: (a) Of consanguinity; (b) Of affinity; and (c) Of fosterage.

Article 24

No marriage shall be contracted between: (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

(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

(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.

Article 27

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

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

(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

(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.

Article 31

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

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

(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.

Article 34

(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

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

(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.

Article 37

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

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

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

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

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

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

Article 44

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.