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Islamic Conversion, Marriage and Divorce

Christians going through Islamic conversion is not a unique story especially if the decision involves gaining civil and religious freedom to remarry without facing the consequences of becoming liable for polygamy or concubinage. Before an individual can decide to convert to Islam, there are still some legalities that should be taken into consideration. Keep in mind that getting converted into Islam is not an easy and instant process. Even if Islamic marriage law and principles allow marrying as many women as you want, you will have to prove that you have the capability to support your wives financially. What does the law say about Islamic conversion, marriage and divorce?

Conversions 

Art. 176. Effect of registration of conversion to Islam. — (1) Registration of a person's conversion to Islam shall constitute a prima facie proof that he professes Islam.

(2)  Whoever disputes the profession or renunciation of Islam by any person shall have the burden of proving the contrary. 

Art. 177. Regulation on conversion. — No conversion of a minor below the age of eighteen years shall be registered by the District or Circuit Registrar without the written consent or permission of the parents or guardian, except when such minor has been emancipated from parental authority in accordance with law. 

Art.  178. Effect of conversion to Islam on marriage. — The conversion of non-Muslim spouses to Islam shall have the legal effect of ratifying their marriage as if the same had been performed in accordance with the provisions of this Code or Muslim law, provided that there is no legal impediment to the marriage under Muslim law. 

Art.  179. Effect of change of religion. — The change of religion by a Muslim shall not have the effect of extinguishing any obligation or liability whatsoever incurred prior to said change. 

CHAPTER I 

Marriage and Divorce

Applicability Clause

Art.  13. Application. — (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines. 

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.  

(3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry, solemnization and registration of marriage and divorce, rights and obligations between husband and wife parental authority, and the properly relations between husband and wife shall be governed by this Code and other applicable Muslim laws. 

CHAPTER II 

Marriage (Nikah) 

Section 1.  Requisites of Marriage. — 

Art.  14. Nature. — 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. 

Art.  15. Essential requisites. — No marriage contract shall be perfected unless the following essential requisites are compiled 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. 

Art.  16. Capacity to contract marriage. — (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. 

Art.  17. Marriage ceremony. — 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.

Pinoy Attorney

Written by : Pinoy Attorney

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