What is Islamic Law?

Islamic Law is termed Shariah in Arabic. The term literally means Path to the
watering place, and is the totality Gods laws in governing man. As such,
Shariah is said to apply to Muslim from birth to death, from his life as an
individual to his life in society, in this world and in the hereafter.
Th e sources of Shariah
The Holy Quran
The Sunnah of the Prophet
1. Qawl
2. Fiil
3. Taqrir
Ijma (Consensus)
Qiyas (Analogy)
Ijtihad (Exertion of Logical Reasoning)
Code of Muslim laws of the Philippines P.D 1083 (Feb 4, 1977)
Art. 14- Marriage is not only a civil contract but a social institution. Its nature,
consequences and incidents are governed by this code and the Shariah and not
subject to stipulation, except that the marriage settlements may to a certain extent
fix the property relations of the spouses.
Quranic verses on marriage
It is He who has created man from water. Then He has established relationships
of lineage and marriage. For thy Lord has power over all things. (Surah Furqan
(XXV), Ayat 54)
Marry those among you who are single, or the virtuous ones among your slaves,
male or female. If they are in poverty, God will give them means out of His
grace. (Surah Nur (XXIV), Ayat 32)
Hadith on Marriage
On Marriage: The man who marriages completes half of his religion. (As
narrated by Ibn Anas, Mishkat Al- Masabih)
Requisites of Marriage
Legal capacity of the contracting parties;
Mutual consent of the other parties freely given;
Offer (Ijab) and acceptance (Qabul) duly witnessed by at least two competent
persons after the proper guardian in the marriage (Wali) has given his consent; and
Stipulation of customary dower (Mahr) duly witnessed by two competent persons.

Legal Capacity to Contract Marriage

Art. 16 (1) P.D 1083

Any Muslim male at least 15 years of age and any Muslim female of the age of
puberty or upward.
Not suffering from any impediment restricting capacity to get married.
Eg. Insanity, imbecility, family relations
Capacity to contract marriage exceptions
Art 16 (2) & (3) P.D 1083
Upon the petition of the wali, the Shariah District Court may order the
solemnization of marriage of a female who though less than 15 but not below 12
years of age, has attained puberty.

Marriage through a wali by a minor below the prescribed ages, is regarded as

betrothal, and may be annulled upon petition by either party within four (4) years
attaining the age of puberty, provided no voluntary cohabitation has taken place
and the wali who contracted the marriage was other man than the father or
paternal grandfather. (Kiyaru l- Bulugh or Option of Puberty)

IJAB WA L-QABUL
Art. 17 P.D 1083
The Ijab and Qabul in the marriage shall be declared publicly in the presence of
the person solemnizing the marriage and two competent witnesses.
The 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. On copy of the contracting parties, one sent to the
circuit Registrar, and the third to be kept by the solemnizing officer.
Solemnization of Marriage
Who may solemnize the marriage?
A) The proper wali of the woman to be married,
B) Upon authority of the wali, any person who is competent under Muslim Law to
solemnize marriage,
C) The judge of the Shariah District or Circuit Court, or any person designated
by the judge. (Art. 18)
Where may a Muslim marriage be solemnized?
A Muslim marriage may be solemnize publicly in any mosque, office of the
Shariah judge, office of the District or Circuit Registrar, residence of the bride or
wali, OR ANY OTHER SUITABLE PLACE AGREED UPON BY THE
PARTIES. (Art. 19)
DOWER (MAHR)

What is Mhar?
The dower is either money or item of value that the groom gives to the bride in
consideration of marriage. When it was decreed by God, one of its purposes was
intended to give financial security to the wife in the event her husband dies or
divorces her. There are, however, non- material dowers, such as a verse from the
Holy Quran given by a groom to his bride.
When was the amount or value of the Mahr be fixed?
The dower may be fixed by the contracting parties (Mahr Musamma) before,
during or after the celebration of the marriage. If not so fixed, the court upon
petition of the wife, may fix the proper dower (Mahr Mithl) according to the
social standing of the parties. (Art. 20)
When must the Mahr be paid?
The dower may be fully or partially paid before or after the marriage. (Art. 21)
Prohibited Marriage
Art 23. PD 1083
Three Bases of Prohibition:
A) Consanguinity (Tahrim bi n- Nadsab)
B) Affinity (Tahrim bi l- Musahara)
C) Fosterage (Tahrim bi r- Radaa)
Tahrim Bi N-Nasab
Art 24. PD 1083
Prohibition by Consanguinity:
Ascendants and descendants of any degree
Brothers and sisters, whether germane, consanguine or uterine
Brothers or sisters and their descendants within the third civil degree
Tahrim Bi L-Musahara
Art 25 PD. 1083
Prohibition by Affinity:
Any of the spouses and their respective affinal relatives in the ascending line and
in the collateral line within the third civil degree.
Stepfather and stepdaughter when the marriage between the former and mother of
the latter has been consummated.
Stepmother and stepson when the marriage between the former and the father of
the latter has been consummated.
Stepson or stepdaughter and the widow, widower or divorcee of their respective
ascendants.
The prohibition under this article applies even after the dissolution of the marriage
creating the affinal relationship.
Subsequent Marriage

By a Divorce
(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 the husband and wife reconcile during her Idda (no marriage shall be
required).
(3) Where it is indubitable that the marriage has not been consummated when the
divorce s efwafected, no Idda shall be required. (Art. 29, P.D. 1083)
By a Widow
No widow shall contract a subsequent marriage unless she has observed an idda
of four months and ten days counted from the death of her husband. If at that time
the widow is pregnant, she may marry within a reasonable time after delivery. In
such case, she shall produce the corresponding death certificate. (Art. 28, P.D.
1083)
Subsequent Marriage
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. (Art. 27, P.D.
1083)
Void (Batil) Marriage
Art 31 PD 1083
The following marriages shall be void from the beginning :
(a) Those contracted contrary to Arts. 23, 24, 25 and 26.
(b) Those contracted in contravention of the prohibition against unlawful
conjunction.
(c) Those contracted by parties one or both of whom have been found guilty of
having killed the spouse of either of them.
FASID (Irregular) Marriage
Art 32. PD 1083
The following marriages shall be irregular from their performance:
(a) Those contracted with a female observing idda;
(b) those contracted in contravention of Art. 30 (marriage after three talaq);
(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- maut)
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.

Validation of FASID Marriage

Art 33. PD 1083

(1) Irregular marriages may be made regular by a new marriage contract in the
following cases:
(a) Those referred in Art. 32 (a), after the impediment has been removed;
(b) Those referred in Art. 32 (b), upon compliance with the requirements of Art.
30;
(c) Those referred in Art. 32 (c), after the causes vitiating consent have ceased;
(d) Those referred in Art. 32 (d), in case the party recovers;
(e) Those referred in Art. 32 (e), when the party is no longer in a state of Ihram;
and
(f) Those referred in Art. 32 (f), after conversion to a faith that could have made
the marriage valid.
(2) The effects of the new marriage shall retroact to the date of the irregular
marriage.
Procedure: Subsequent Marriage
Art 162 PD. 1083
Any Muslim husband desiring to contract a subsequent marriage shall, before
doing so, file a written notice thereof with the Clerk of Court of the Shariah
Circuit Court of the place where his family resides. Upon receipt of the said
notice, the clerk shall serve a copy thereof to the wife or wives. Should any of
them object, an Agama Arbitration Council shall be constituted in accordance
with the provisions of par. (2) of the preceding article. If the AAC fails to obtain
the wifes consent to the proposed marriage, the Court shall, subject to Art. 27,
decide whether or not to sustain her objection.
MARRIAGE AFTER THREE DIVORCE
Art 30 PD. 1083
(1) Where a wife has been thrice repudiated (talaq bain kubrah) 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
(tahlil) among the parties.
What is IDDA?
Art. 56. Idda defined.- Idda is the period of waiting prescribed for a woman
whose marriage has been dissolved by death or by divorce, the completion by
which shall enable her to contract a new marriage.
Art. 57. Period
(a) In case of dissolution of marriage by death, four months and ten days from the
death of her husband (Quran, 11:234);
(b)In case of termination of marriage by divorce, for three monthly courses;
(Quran, 11:228) or
(c) In case of a pregnant woman, for a period extending until her delivery.
(Quran, LXV:4)
Should the husband die while the wife is observing Idda for divorce, another Idda
for death shall be observed in accordance with par. (a)

Consequence of a Valid Marriage

Cohabitation between the spouses becomes Halal (lawful) [Art. 34 (1)]
Legitimizes children born of the marriage and establishes ties of paternity and
filiations. [Arts. 58 & 59 (1)]
Gives rise to mutual rights and obligations between husband and wife [Art. 34 (1)
& (4), Art. 35, Art. 36 (1) and (6)]
Affects to a certain degree the capacity to act of the parties [Arts 23, 25, 26 (2) &
(3)]
Entitles the woman to a dower (mahr) [Art. 36 (4)]
Gives rise to mutual rights of inheritance [ Art
Makes incumbent upon the woman to observe idda before she can contract a
subsequent marriage in the event her former marriage is dissolved [Arts. 56 & 57)
Activates and makes effective the marriage settlements and nuptial gift [Arts. 14,
36 (5), 39]
Enables wife to give consent or objection to subsequent marriage by her husband
[Art. 162]
34 (3)]
Registration of Marriage and Divorce
Art. 81- The Clerk of Court of the Shariah District Court shall, in addition to his
regular functions, act as the District Registrar of Muslim Marriages, Divorces,
Revocations of Divorces and Conversions within the territorial jurisdiction of said
court. The Clerk of Court of the Shariah Circuit Court shall act as Circuit
Registrar of Muslim Marriages, Divorces, Revocation of Divorce, and
Conversions within his jurisdiction.