Posted on August 6, 2007 in Family Law
There’s an interesting article published in the Journal of Muslim Minority Affairs, entitled: The Legal Impediments to the Application of Islamic Family Law in the Philippines. The abstract of the article reads:
This study examines the legal impediments to the application of Islamic Family Law in the Philippines. It is carried out by critically analyzing the legal effects of the secular principles, the Constitution and other laws of the state towards the enforcement of Islamic family law in the Philippines. This research establishes that the Islamic family law in the Philippines is part and parcel of the Philippine secular laws, the enforcement of which is not a consideration of the religious beliefs of the Filipino Muslims, but rather of their cultural traditions. The religious characteristics of Islamic family law are not implemented in the country. The Shari’ah court in the country is an integral part of the Philippine judicial system, yet deprived of the authority to enforce religious rulings or to administer Islamic religious institutions. A woman or a non-Muslim is not legally disqualified for appointment as judge in the Shari’ah court. The decision of the Shari’ah court can be appealed to the Supreme Court of the Philippines, whose decision may possibly deviate from the basic teachings of the Shari’ah. Whether such a decision has deviated from the basic teachings of the Shari’ah or not, it will still become part of the Muslim legal system in the country. These are among the legal impediments, restrictions, conflicts and contradictions of enforcing the Islamic family law in a secular polity.
The link to this Journal is here (the link contains just the quoted abstract). Any thoughts?
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Dear sir,
I want to be clarified and ask your assistance/legal procedures on what PROPER THINGS SHOULD I DO for my case………
I am working here at United Arab Emirates for almost 5 years now as an Accountant.. I’ve been married in the Philippines for 22 years but it was not a successful marriage… Ive been the financial supporter of my family since my husband is not working oftentimes….I was forced to work abroad and I was not able to go back for my vacation for more than 4 years…when I had my vacation last April, I examined myself if I still have feelings w/him.. I didnt let him touched me .. & I decided to stop everything between us.. We had a fight (of course) I told him I want a separation already….I didnt had time to discuss it more or had legal papers … When I came back here, I decided to be a Muslim… I embraced Muslim because of my dear friend who offered me marriage.. He is also married man but willing to give me marriage.. I already inquired here of the procedures & they can let us be married.. but something is bothering me still.. Is there a need to have legal separation still between us.. me, being a Muslim already & that he is a Christian.. If so, please guide me on how to do it… I already discussed these matter with my children & they perfectly understand our situation… that we cannot live together anymore, no respect at all..
Anticipating your response…
Thankyou..
Fatima
Fatima, I must apologize if I can’t address your concerns. That would call for a legal advice, which is prohibited here. I hope you understand. Good luck.
I’m a catholic, and my bf is a muslim. Before we met, he was first married to a muslim woman because she was bearing his child. He explained to me muslims believe that the marriage was necessary for the child to be healthy. They were separated immediately after the marriage ceromony because the bride’s parents did not like him. They do not have marriage contract or other legal papers to support their marriage. Since they were separated, he and his family said that we can get married with no difficulties because both parties agreed that it is best for them to live separately because of the feud of their families. He and his parents cannot even see his child. Was it necessary for him to still accomplish divorce papers eventhough there were no legal documents. What if we got married, will his ex-wife have rights or any claims to disqualify our marriage? Does her disapproval have any bearing? Will I be considered as his first and legal wife if his marriage was no longer valid?
dear sir,
i have same case with ms.fatima.can you please enlighten me .
thanks
To all that are asking: please read carefully.
Thanks!
PRESIDENTIAL DECREE NO. 1083
more on :http://www.chanrobles.com/presidentialdecreeno1083.htm
Good day to all of you,
i would just like to ask if there is a possibility for me as a single Filipino Christian marry a Palestinian “holding a Jordanian Passport” Muslim Woman to get married back home in the Philippines? will it be legal and should we get married does it make here naturalized as a Filipino and will be able to avail of the Phil. Passport stating her as a Filipino Citizen?
Thank you and more power. . .
Salam…
Sir…I am married to an American National, the Islamic marriage took place in kuwait… Now, my husband is trying to file a petition to get me a spouse visa… we received an advice that the Marriage certificate (with english translation; it has stamp at the back of the cert.) must be authenticated first in the DFA and eventually file in the National Statistics Office…so that the marriage is valid…
Is it correct?
Could you please guide me of the things that we should do…
Thnks a lot…