PD 1083 Muslim Code

PRESIDENTIAL DECREE No. 1083 A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES Art!"# 1. Title. Title. This  This decree shall be known as the "Code of Muslim Personal Laws of the Philippines."

C$%&t#r T'o MARRIAGE (NI)AH* S#!to+ 1. Requisites of Marriage Art!"# 1. Essential requisites. No mar Art!"# marri riage age contract contract shall be perfected unless the following essential requisites are compiled with: a! Legal capacit of the contracting parties# b! Mutual consent of the parties freel gi$en# c! %&er i'ab! and acceptance qabul! dul witnessed b at least two com compet petent ent per person sons s aft after er the pr prope operr guar guardia dian n in mar marri riage age wali! has gi$en his consent# and d! (tipulation of customar dower mahr! dul witnessed b two competent persons. S#!to+ . Rights and Obligations Between Spouses Art!"# 3-. Mutual rights and obligations. )! The husband and the wife are obliged to li$e together* obser$e mutual respect and +delit* and render mutual help and support in accordance with this Code. ,! -hen one of the spouses neglects his or her duties to the con'ugal union or brings danger* dishonor or material in'ur upon the other* the in'ured part ma petition the court for relief. The court ma counsel the o&ender to compl with his or her duties* and take such measures as ma be proper. ! Th ! The e hu husb sban and d an and d th the e wi wife fe sh shal alll in inhe heri ritt fr from om ea each ch ot othe herr in accordance with this Code.

/! The husband and the wife shall ha$e the right to di$orce in accordance with this Code. Art!"# 3. Rights and obligations of the husband.  The husband shall +0 the residence of the famil. The court ma e0empt the wife from li$ing with her husband on an of the following grounds: a! 1er dower is not satis+ed in accordance with the stipulations# or b! The con'ugal dwelling is not in keeping with her social standing or is* for an reason* not safe for the members of the famil or her propert. Art!"# 3. Rights and obligations of the wife. )! The wife shall dutifull manage the a&airs of the household. (he ma purchase things necessar for the maintenance of the famil* and the husband shall be bound to reimburse the e0penses* if he has not deli$ered the proper sum. ,! The wife cannot* without the husband2s consent* acquire an propert b gratuitous title* e0cept from her relati$es who are within the prohibited degrees in marriage. ! The wife ma* with her husband2s consent* e0ercise an profession or occupation or engage in lawful business which is in keeping with 3slamic modest and $irtue. 1owe$er* if the husband refuses to gi$e his consent on the ground that his income is su4cient for the famil according to its social standing or his opposition is based on serious and $alid grounds* the matter shall be referred to the 5gama 5rbitration Council. /! The wife shall ha$e the right to demand the satisfaction of her mahr. 6! 7nless otherwise stipulated in the marriage settlements* the wife retain ownership and administration of her e0clusi$e propert. 8! The wife shall be entitled to an equal and 'ust treatment b the husband.

C$%&t#r T$r##DIVORCE (TALA/* S#!to+ 1. Nature and 9orm Art!"# -. Denition and forms. i$orce is the formal dissolution

of the marriage bond in accordance with this Code to be granted onl after the e0haustion of all possible means of reconciliation between the spouses. 3t ma be e&ected b: a! ;epudiation of the wife b the husband talaq!# b! 0ercise b the wife of the delegated right to repudiate tafwld!# or g! ?udicial decree faskh!. Art!"# -. Divore b! talaq. )! 5 di$orce b talaq ma be a&ected b the husband in a single repudiation of his wife during her non@menstrual period tuhr! within which he has totall abstained from carnal relation with her. 5n number of repudiations made during one tuhr shall constitute onl one repudiation and shall become irre$ocable after the e0piration of the prescribed 2idda. ,! 5 husband who repudiates his wife* either for the +rst or second time* shall ha$e the right to take her back ru'u! within the prescribed 2idda b resumption of cohabitation without need of a new contract of marriage. (hould he fail to do so* the repudiation shall become irre$ocable Talaq bain sugra!. Art!"# -. Divore b! "la.  -here a husband makes a $ow to abstain from an carnal relations ila! with his wife and keeps such ila for a period of not less than four months* she ma be granted a decree of di$orce b the court after due notice and hearing. Art!"# -8. Divore b! #ihar. -here the husband has in'uriousl assimilated =ihar! his wife to an of his relati$es within the prohibited degrees of marriage* the shall mutuall refrain from ha$ing carnal relation until he shall ha$e performed the prescribed e0piation. The wife ma ask the court to require her husband to perform the e0piationor to pronounce the a regular talaq should he fail or refuse to do so* without pre'udice to her right of seeking other appropriate remedies. Art!"# -. Divore b! li$an. -here the husband accuses his wife in court of adulter* a decree of perpetual di$orce ma be granted b the court after due hearing and after the parties shall ha$e performed the prescribed acts of imprecation li2an!. Art!"# 0. Divore b! %hul$. The wife ma* after ha$ing o&ered to

return or renounce her dower or to pa an other lawful consideration for her release khul2! from the marriage bond* petition the court for di$orce. The court shall* in meritorious cases and after +0ing the consideration* issue the corresponding decree. Art!"# 1. Divore b! tafwid. 3f the husband has delegated tafwid! to the wife the right to e&ect a talaq at the time of the celebration of the marriage or thereafter* she ma repudiate the marriage and the repudiation would ha$e the same e&ect as if it were pronounced b the husband himself. Art!"# 2. Divore b! fas%h. The court ma* upon petition of the wife* decree a di$orce b faskh on an of the following grounds: a! Neglect or failure of the husband to pro$ide support for the famil for at least si0 consecuti$e months# b! Con$iction of the husband b +nal 'udgment sentencing him to imprisonment for at least one ear# c! 9ailure of the husband to perform for si0 months without reasonable cause his marital obligation in accordance with this code# d! 3mpotenc of the husband# e! 3nsanit or aAiction of the husband with an incurable disease which would make the continuance of the marriage relationship in'urious to the famil# f! 7nusual cruelt of the husband as de+ned under the ne0t succeeding article# or g! 5n other cause recogni=ed under Muslim law for the dissolution of marriage b faskh either at the instance of the wife or the proper wali. Art!"# 3. &as%h on the ground of unusual ruelt!.  5 decree of  faskh on the ground of unusual cruelt ma be granted b the court upon petition of the wife if the husband: a!1abituall assaults her or makes her life miserable b cruel conduct e$en if this does not result in phsical in'ur# b! 5ssociates with persons of ill@repute or leads an infamous life or attempts to force the wife to li$e an immoral life# c! Compels her to dispose of her e0clusi$e propert or pre$ents her from e0ercising her legal rights o$er it#

d! %bstructs her in the obser$ance of her religious practices# or e! oes not treat her 'ustl and equitabl as en'oined b 3slamic law. Art!"# -. E'ets of irrevoable talaq or fas%h. 5 talaq or faskh* as soon as it becomes irre$ocable* shall ha$e the following e&ects: a! The marriage bond shall be se$ered and the spouses ma contract another marriage in accordance with this Code# b! The spouses shall lose their mutual rights of inheritance# c! The custod of children shall be determined in accordance with 5rticle B of this code# d! The wife shall be entitled to reco$er from the husband her whole dower in case the talaq has been a&ected after the consummation of the marriage* or one@half thereof if e&ected before its consummation# e! The husband shall not be discharged from his obligation to gi$e support in accordance with 5rticle 8B# and f! The con'ugal partnership* if stipulated in the marriage settlements* shall be dissol$ed and liquidated. Art!"# . E'ets of other %inds of divore. The pro$isions of the article immediatel preceding shall appl to the dissolution* of  marriage b ila* =ihar* li2an and khul2* sub'ect to the e&ects of  compliance with the requirements of the 3slamic law relati$e to such di$orces. S#!to+ 2. 23dda Art!"# . $"dda dened. 23dda is the period of waiting prescribed for a woman whose marriage has been dissol$ed b death or b di$orce the completion of which shall enable her to contract a new marriage. Art!"# . (eriod. )! >$er wife shall be obliged to obser$e 2idda as follows: a! 3n case of dissolution of marriage b death* four months and ten das counted from the death of her husband# b! 3n case of termination of marriage b di$orce* for three monthl courses# or

c! 3n case of a pregnant women* for a period e0tending until her deli$er. ,! (hould the husband die while the wife is obser$ing 2idda for di$orce* another 2idda for death shall be obser$ed in accordance with paragraph )a!.