Overview
The lecture introduced the Code of Muslim Personal Laws of the Philippines (PD-1083), its historical background, key provisions, jurisdiction, and important Supreme Court cases regarding persons and family relations under Islamic law.
Introduction to PD-1083
- PD-1083 is the Code of Muslim Personal Laws, signed on February 4, 1977, to govern Muslims’ personal and family relations.
- The law recognizes Islamic institutions and Sharia courts in the Philippines.
- PD-1083 establishes legal pluralism by allowing Muslims to be governed by Sharia in personal matters.
Purpose and Application of PD-1083
- Article 2 affirms the law protects Muslim customs, traditions, and legal systems as part of national law.
- PD-1083 codifies personal status, marriage, divorce, succession, and inheritance for Muslims.
- Article 3 states PD-1083 prevails over general laws in conflicts, but applies only to Muslims and cannot prejudice non-Muslims.
- For mixed marriages or non-Muslims, the applicable law depends on the ceremony and mutual consent.
Key Provisions and Structure
- Titles cover Civil Personality, Marriage and Divorce, Paternity and Filiation, Support, Parental Authority, Custody, Guardianship, and Registry of Marriages.
- Default property relation under PD-1083 is absolute separation unless otherwise agreed.
- Procedures for subsequent marriages require notice and arbitration (Agama Arbitration Council).
- There are seven types of divorce under PD-1083, with detailed requisites and waiting periods (iddah).
Historical Background
- Before PD-1083, Muslims followed Article 78–79 of the Civil Code and RA 394 for divorce in non-Christian provinces.
- Mixed marriages previously followed the civil code unless parties opted for Muslim tradition.
Related Articles and Procedures
- Article 13 details to whom PD-1083 applies (both Muslims, or with the consent of a non-Muslim).
- Article 27 and 162 require notice for subsequent marriages and arbitration if protested.
- Failure to notify carries minor penalties under Article 183.
Supreme Court Case Summaries
- Al-Wadi v. Asti: Application of PD-1083 to non-Muslim spouses depends on marriage solemnization.
- Sulu Islamic Assn. v. Malik: Upheld a Muslim man’s right to contract subsequent marriages if compliant with PD-1083.
- Bundaji v. Bundaji: Custody decided based on best interest of the child; law at time of marriage governs.
- Malaki v. People: Conversion to Islam does not exempt from bigamy if first marriage was under civil code.
Key Terms & Definitions
- PD-1083 — Code of Muslim Personal Laws of the Philippines.
- Sharia — Islamic law covering religious and personal matters.
- Agama Arbitration Council — Body for resolving marital disputes and subsequent marriage issues.
- Iddah — Mandatory waiting period after divorce or widowhood before remarriage.
- Polygyny — Practice of a man having multiple wives, permitted under conditions by PD-1083.
- Fasid marriage — Voidable marriage due to defect.
- Battle marriage — Marriage void from the beginning.
Action Items / Next Steps
- Study and analyze all assigned Supreme Court case digests.
- Review Articles 8–44 of PD-1083 on persons and family relations.
- Prepare for a workshop discussing application of PD-1083 in provided case scenarios.