CODE OF MUSLIM PERSONAL LAWS OF THE PHILIPPINES

Case Overview and Summary

Summary:

GENERAL PROVISIONS
- Recognizes the legal system of Muslims in the Philippines as part of the law of the land.
- Codifies Muslim personal laws and provides for their administration and enforcement among Muslims. (Art. 2)
- In case of conflict, this Code prevails over laws of general application. (Art. 3)
- Courts to consider primary sources of Muslim law and standard treatises in interpretation. (Art. 4)
- Muslim law and 'ada (customary law) not in this Code must be proven as fact. (Art. 5)
- Sunni schools of law recognized are Hanafi, Hanbali, Maliki and Shafi'i. (Art. 6)
- Defines terms like 'ada, Muslim, Muslim law, Muslim personal law, etc. (Art. 7)

PERSONS AND FAMILY RELATIONS
- Legal capacity and circumstances modifying it are governed by this Code and Islamic laws. (Art. 8-9)
- Rules on acquiring and extinction of civil personality. (Art. 10-12)

MARRIAGE AND DIVORCE
- Applies to marriages where both or the male party is Muslim. (Art. 13)
- Essential requisites for a valid marriage contract. (Art. 15)
- Capacity to contract marriage based on age and puberty. (Art. 16)
- Marriage ceremony requirements and authority to solemnize. (Art. 17-19)
- Specification and payment of dower (mahr). (Art. 20-21)
- Prohibited marriages based on consanguinity, affinity and fosterage. (Art. 23-26)
- Conditions for subsequent marriages by husband or wife. (Art. 27-30)
- Void (batil) and irregular (fasid) marriages and their validation. (Art. 31-33)
- Mutual rights and obligations between spouses. (Art. 34-36)
- Property relations between spouses governed by contract, this Code or custom. (Art. 37-44)
- Different forms of divorce - talaq, ila, zihar, li'an, khul', tafwid, faskh. (Art. 45-53)
- Effects of irrevocable talaq or faskh on marriage bond, inheritance, custody, dower, etc. (Art. 54-55)
- Rules on 'idda period for divorced or widowed wife before remarriage. (Art. 56-57)

PATERNITY AND FILIATION
- Legitimacy established by valid marriage of parents at conception. (Art. 58-60)
- Rights of legitimate child like bearing surnames, receiving support, inheritance. (Art. 62)
- Acknowledgment by father establishes paternity and inheritance rights. (Art. 63)
- Adoption does not confer status of legitimate child under Muslim law. (Art. 64)

SUPPORT (NAFAQA)
- Support includes sustenance, dwelling, clothing, medical care and education. (Art. 65)
- Amount of support based on giver's resources and recipient's needs. (Art. 66)
- Wife entitled to support during marriage and after divorce until 'idda or childbirth. (Art. 67)
- Mutual support obligations between ascendants and descendants. (Art. 68)
- Payment of support and circumstances when obligation ceases. (Art. 69-70)

PARENTAL AUTHORITY
- Father and mother jointly exercise parental authority over legitimate children. (Art. 71)
- Duties of children to parents and parents to children. (Art. 72-73)
- Effects of parental authority on person and property of children. (Art. 74-75)
- Parental authority non-transferable except as provided. (Art. 76)
- Termination of parental authority. (Art. 77)
- Rules on custody of children after divorce based on their age. (Art. 78)
- Order of persons with authority as guardian for marriage or property of minors. (Art. 79-80)

CIVIL REGISTRY
- Creation of District and Circuit Registrars for Muslim marriages, divorces, etc. (Art. 81)
- Duties of District and Circuit Registrars in registration and record keeping. (Art. 82-83)
- Correction of entries in the registry and legal effects of registration. (Art. 84-87)

SUCCESSION
- Defines succession, inheritance, requisites and disqualifications. (Art. 89-93)
- Mutual rights of inheritance between acknowledging person and acknowledged child. (Art. 94)
- Succession rights of illegitimate child and divorced persons. (Art. 95-96)
- Conceived child considered born for favorable purposes. (Art. 97)
- Share reserved for missing heir until proven dead or 10 years lapse. (Art. 98)
- Order of heirs - sharers, residuaries, distant kindred, others. (Art. 99)
- Modes of succession - by will, by operation of this Code, or combination. (Art. 100)

TESTAMENTARY SUCCESSION
- Wills limited to one-third of estate if there are heirs. (Art. 101)
- Formalities for making a will orally or in writing. (Art. 102-103)
- Testamentary wagf (endowment) considered a will. (Art. 104)
- Capacity to make a will based on age and mental capacity. (Art. 105)
- Disposable portion limited to one-third, excess needs heirs' ratification. (Art. 106)
- Bequest by operation of law for certain relatives. (Art. 107)
- Revocation of will allowed anytime before death. (Art. 108)
- Partial invalidity of will provisions. (Art. 109)

LEGAL SUCCESSION
Sharers:
- Persons entitled as sharers and their respective shares. (Art. 110-122)
- Rules on exclusion of heirs from inheritance. (Art. 123)

Residuaries:
- Persons considered residuaries in their own right, another's right, or together with another. (Art. 124-127)
- Preference among residuaries based on degree, blood relation and gender. (Art. 128)
- Reduction of shares proportionately if they exceed whole inheritance. (Art. 129)
- Reversion of residue to sharers if no residuary heir exists. (Art. 130)

Distant Kindred:
- Relatives included as distant kindred. (Art. 131)
- Extent and distribution of shares to distant kindred. (Art. 132)

SETTLEMENT OF ESTATE
- Administration vests in executor/heir granted letters by court. (Art. 133)
- Court considers decedent's school of law (madhhab) in probate matters. (Art. 134)
- Order of preference for claims against decedent's estate. (Art. 135)
- Heirs' liability for decedent's debts limited to their shares. (Art. 136)

THE SHARI'A COURTS
- Creation of 5 Shari'a District Courts and several Shari'a Circuit Courts. (Art. 137-138, 150)
- Appointment, qualifications, tenure and compensation of Shari'a judges. (Art. 139-142, 151-154)
- Jurisdiction of Shari'a District and Circuit Courts. (Art. 143, 155)
- Appellate jurisdiction of Shari'a District Courts over Circuit Courts. (Art. 144)
- Finality of Shari'a District Court decisions subject to Supreme Court's jurisdiction. (Art. 145)
- Court personnel, stations, special procedures and applicability of other laws. (Art. 146-149, 156-159)

AGAMA ARBITRATION COUNCIL
- Constitution of Agama Arbitration Council by Shari'a Courts in appropriate cases. (Art. 160)
- Procedure for arbitration in cases of talaq, tafwid and subsequent marriages. (Art. 161-162)
- Arbitration for offenses against customary law settled without formal trial. (Art. 163)

JURISCONSULT IN ISLAMIC LAW
- Creation of the office of Jurisconsult to render legal opinions on Muslim law. (Art. 164)
- Qualifications, functions, term, compensation and office personnel of Jurisconsult. (Art. 165-168)

MUSLIM HOLIDAYS
- Official Muslim holidays recognized - Amun Jadid, Maulid-un-Nabi, Lailatul Isra Wal Mi'raj, 'Id-ul-Fitr, 'Id-ul-Adha. (Art. 169)
- Provinces and cities where Muslim holidays are officially observed. (Art. 170)
- Dates determined by Office of the President per Muslim Lunar Calendar. (Art. 171)
- Observance by Muslim government employees and private establishments. (Art. 172)

COMMUNAL PROPERTY
- Customary heirloom, ancestral property and charitable trusts as communal properties. (Art. 173)
- Administration and disposition per Muslim law, 'ada and special laws. (Art. 174)

CUSTOMARY CONTRACTS
- Customary contracts like sanda, sanla, arindao construed as mortgage (rihan). (Art. 175)

CONVERSIONS
- Registration as prima facie proof of conversion to Islam. (Art. 176)
- Regulation on conversion of minors below 18 years old. (Art. 177)
- Effect of conversion to Islam on ratifying existing marriage. (Art. 178)
- Change of religion does not extinguish prior obligations. (Art. 179)

PENAL PROVISIONS
- Revised Penal Code on bigamy not applicable to Muslim marriages. (Art. 180)
- Penalties for illegal solemnization, marriage before 'idda, offenses related to subsequent marriage/divorce, failure to report for registration, neglect by registrars. (Art. 181-185)

TRANSITORY PROVISIONS
- Effect on past acts, applicability, separability and repealing clauses. (Art. 186-189)
- Effectivity date. (Art. 190)