Académique Documents
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Mehol K. Sadain
Lawyer- Shariah Counselor
April 22, 2008, MCLE, UPLC
MARRIAGE
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.
Not
suffering
from
any
impediment
restricting capacity to get married.
Eg. Insanity, imbecility, family relations
Art. 8 . Legal Capacity (ahliyatu lQanuniyah)- Juridical capacity (ahliyatu lShariyyah), which is the fitness to be subject
of legal relations, is inherent in every natural
person and is lost only through death.
Capacity to act (ahliyatu l- Tasaruf), which is
the power to do acts with legal effect, is
acquired and maybe lost. (The first is also
known as receptive capacity or ahliyatu lWujub, while the second is known as the
active capacity or ahliyatu l- Ada)
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.
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
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.
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 was
effected, 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)
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)
Qur'anic Provisions
Suratu n- Nisa, Ayat 3: And if you feel you
shall not be able to deal justly with the
orphan girls, then marry women of your
choice, two or three or four, but if you fear
you shall not be able to deal justly with
them, then only one or she that your right
hand that possesses. That is better to
prevent you from doing injustice.