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.

If you happen to come across Article 333 and 334 of the Revised Penal Code, you will realize that gender inequality is evident even in our Penal Law. Proving women of committing a crime of adultery is not a daunting task as proof of sexual intercourse between the married woman and another man will suffice. Once the husband charges the offending parties with adultery, they can carry a penalty of two to six years if found guilty. 

“Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.”

“Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.”

The husband can only get convicted for a crime of concubinage if and only if the wife has proven that her husband has been keeping a mistress in the conjugal dwelling or if he has been found to have sexual intercourse with a woman other than his wife under scandalous circumstances. The wife can also file charges if the husband has been cohabiting with the mistress in any other place.

However, the husband will only serve a sentence of six months to four years when convicted while his mistress would only receive banishment, which is also referred to as destierro. When a mistress is sentenced to destierro, she will be prohibited from entering the place or places designated in the sentence, or within the radius designated. She should keep a distance of at least 25 kilometers, and 250 kilometers at most from the place designated. 

If the offended spouse has pardoned the offenders, the criminal charge cannot prosper. Pardon can either be expressed or implied. An expressed pardon refers to writing an affidavit that the offended party is pardoning his or her spouse for his or her act. If the offended spouse chooses to continue living with the offender even after the offense has been committed, this will be considered an implied pardon.

The absence of divorce in the Philippines no longer comes as a surprise and for married couples who have already lost the spark of romance that used to ignite their way, this is bad news. Imagine the ordeal you have to go through just to file for petition for marriage annulment. Aside from the emotional difficulties you experience, the process is undoubtedly costly. 

The State mandates that “ marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.” The statement can be found in Section 2, Article XV of the 1987 Constitution of the Republic of the Philippines. 

In Section 3 of the 1987 Constitution of the Republic of the Philippines, the State shall defend:

1. The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions, which are considered preducial to their development;

2. The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

3. The right of the family to a family living wage and income; and 

4. The right of families or family associations to participate in the planning and implementation of policies and programs that affect them. 

In addition, the high court also requires inferior courts for a fiscal or an agent to appear from the Solicitor General’s office, representing himself as a counsel during hearings for annulment. The representative must also write whether annulment is approved or not.

To put it simply, the State will be the third party in any marriage. Everything must be done to save one’s marriage and annulment will be the couple’s last resort. Considering the tight bond of Filipino families, this law is indeed a clear indicator of how lawmakers put great importance to marriage. This is a challenge for married couples who have already decided to go on separate ways due to individual differences and other conflicts that cannot be settled through marriage counseling or other similar means. 

The family law in the Philippines has significantly changed over the years. While marriage's definition was used to be a simple union between a man and a woman, it is considered a special contract at present. A contract that prevents either parties from changing partners at the same rate they change their clothes. Revisions and additions on the family code are inevitable especially in this modern day and age when same sex marriage has also stirred a web of controversy. Perhaps, the family law in the country has once lain dormant and only awakened by the prevalence of domestic abuse, infidelity, etc. The video provides an overview of the recent changes and trends in family law. The changes benefit both traditional and modern families. They provide more options to couples who wish to seek legal assistance or advice. Are you also aware of the changes and trends in family law? How do you feel about them? Let us know your thoughts.

When filing a petition for annulment, several grounds will be looked into in order to find out whether or not such grounds carry weight that will strengthen the case. Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery. In fact, infidelity cannot be used as a sole deciding factor in granting custody over a child. 

Under Revised Penal Code, Article 333, adultery refers to an extra marital relationship of a woman to a man other than her husband even if the man is well aware that the she is already married. A crime of adultery is committed for each sexual intercourse that takes place.

Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not his wife in any other place. The sexual intercourse of the married man to the concubine took place under scandalous circumstance. 

Adultery VS Concubinage 

• Adultery is committed by a wife and should be charged together with the other man, while concubinage is committed by a husband and should be charged together with the other woman or concubine. 

• In adultery, a proof of sexual intercourse will suffice to file a case. On the other hand, concubinage cannot be pursued without proving that the sexual intercourse happened under scandalous circumstances. The case can be passed off as concubinage if cohabitation happens in the conjugal dwelling or in any other place. 

• Concubinage has lower penalty than adultery and the concubine’s penalty is only destierro, which refers to banishment or prohibition from residing within the accused party’s actual residence. The distance should be within the radius of 25 kilometers and banishment will be given for a specified length of time. In adultery the penalty for the man is the same as that of the guilty wife. 

The spouse who has been offended is the only person entitled for filing the action for concubinage or adultery provided, the marital status is present at the time the case was filed. The parties that will be prosecuted, if found guilty should be the offending spouse and the paramour, if both are still alive. 

If the offended spouse has pardoned the offenders, the case cannot be pursued and the criminal charge cannot prosper. Pardon can be implied or express. Express pardon is done in writing and serves as an affidavit that the offenders are pardoned for their act. The implied pardon is when the offended party chooses to live with his or her spouse, even after the offense’s commission. Pardon should be obtained or given before the criminal action’s institution.

In the Philippines married couples have two options to put an end to marital union: annulment and legal separation. While divorce advocates have been fighting for the legalization of divorce in the Philippines, there is no sign yet that people who want it legalized will emerge victorious. However, it is a different scenario in Muslim Mindanao or in Islamic laws to be more specific. In fact, Islamic laws grant three kinds of divorce and each of them has separate rules. These three kinds of divorce are talaq, li’an and khula. 

Islamic divorce in Mindanao defined: 

1. Talaq

In a talaq divorce, the Muslim husband initiates a divorce and pronounces the word talaq (I divorce you)  to his wife, but this can be withdrawn if both parties decide for reconciliation.  The word talaq can only be withdrawn twice and divorce will be considered irrevocable the third time the word is pronounced. In order to complete irrevocable divorce, the husband needs to comply with the requirements. 

2. Khula

Khula gives a woman the right to seek a divorce. The woman must also follow a waiting period and as compared to the right of men to initiate divorce, women’s rights are only limited. Women will be granted divorce if the husband failed to provide her basic needs or if there was no intercourse taking place for more than two months. Women must also repay marriage expenses and her dowry. If the child is older than seven years, the woman who seeks a divorce will not be granted child custody. However, the custody will be granted if the child is below seven years. By the time the child reaches the age of seven, the woman must give full custody to the father.  

3. Lian

Lian is also referred to as mulaana and this type of divorce is initiated when the husband accused the wife of adultery. This divorce is based on Quranic verses. There are three conditions that must be met for the husband to initiate Lian:

• The marriage state must be continuing.

• The marriage must be valid and there should be witnesses when the marriage was solemnized. 

• The husband must be liable to become a witness and has not received any punishment of qazf in the past. 

The financial obligations in divorce will also dependent on the length of marriage. The income levels of either the husband or the wife will also be taken into consideration. Once divorce is granted, the Islamic laws will apply wherein the wife is not entitled to the assets that have been earned during marriage.