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PD 1083 - Marriage Condensed

P.D. 1083
Chapter Two – MARRIAGE (NIKAH)
Marriage
-not only a civil contract ; but a social institution
-nature, consequences and incidents governed by (Civil Code and) Shariah
-not subject to stipulations
-except that marriage settlements may fix property relations

Essential Requisites
*legal capacity of contracting parties
*mutual consent freely given
*offer and acceptance – (with consent of the wali) – as witnessed by 2
competent persons
*Stipulation of customary dower – witnessed by 2 competent persons

Capacity to marry
-15 years old (Muslim Male)
-Age of Puberty and above for Female Muslim
*Female Muslim below 15 but not less than 12 – may marry upon petition
of the proper wali

Bethrotal
Marriages of minors may be annulled upon petition of either party
Within 4 years upon attaining the age of puberty
*
Provided that no voluntary cohabitation has taken place
And the wali was other than the father or paternal grandfather

Marriage Ceremony
-No prescribed ceremony but;
*offer and acceptance must be declared publicly in the person of the person
solemnizing

Declaration of Offer
-document produced in triplicate
*for the contracting parties
*for the solemnizing officer
*submitted to the Circuit Registrar
-signed/marked by contracting parties and witnesses
-attested by the solemnizing officer

Authority to solemnize marriage


-proper wali of the woman to be wedded
-upon authority of the wali, any competent muslim under Muslim Law to
solemnize marriages
-Judge of Shariah District or Circuit Court
-or any person designated by the Judge – if without justifiable reason, the
wali refuses to authorize solemnization

Place of Solemnization
-in a mosque
-office of the Shariah Judge
-Office of the Circuit or District Registrar
-Residence of the Bride
-or any suitable place agreed upon by the parties
Dower
-may be fixed before, during or after the marriage celebration
-amount may be fixed by the contracting parties
-maybe fully or partially paid (before, after, during marriage celebrations)
-if no amount was fixed, the court, upon petition of the wife, shall fix the
amount according to social standing
-the property or estate of the husband shall be liable for the unpaid dower

Prohibited Marriages
Consanguinity
Ascendants and Descendants of ANY degree
Brothers and Sister (whether germane, consanguine, or
uterine)
Brothers or Sisters and their ascendants within the 3rd civil
degree
Affinity
Spouses and their affinal relatives in the ascending and collateral
line within the 3rd degree
Stepfather and stepdaughter
Stepmother and stepsons
Stepson or stepdaughter and the widow, widower or
divorcee of their respective ascendants
Fosterage
No person may validly contract marriage with any woman who
breastfed him at least 5 times with the first 2 years after his birth
Also applies to person related by fosterage within the same
degree

Subsequent Marriages

Husbands
May take more than 1 wife (but not more than 4 wives)
Must deal with them with equal companionship and just
treatment
Widows
May contract marriage only after idda of 3 monthly courses

*if pregnant at the time of divorce


May remarry only after giving birth

*repudiated woman (reconciliation with husband)


He shall have better right to take her back

*when it is indubitable that the marriage has not been consummated, idda
is not required.

Marriage after 3 talaq (by same husband)


-cannot remarry unless she shall have married another person (and
divorces her)
-and the proper idda
BATIL AND FASID MARRIAGES

Void from the beginning:


Marriages between relatives of Consanguinity, Affinity and Fosterage
Contracted against the prohibitions on unlawful conjunctions
Those found guilty of killing the spouses of either (parties in the
subsequent marriage)

Irregular Marriages
Contracted under a condition of death, illness without the same
being consummated
Contracted by a party in a state of ihram
Mixed marriages not allowed under Islamic law

Validation of Irregular Marriages


(validation shall retroact to the date of the celebration of the irregular
marriage)
Impediment has been removed
Compliance of requirements
After the cause vitiating the consent has ceased
(condition of death or illness) – the party recovers
When the party is no longer in the state of iham
(mixed marriages) After conversion of faith

Rights and Obligations Between Spouses


Mutual Obligation Husband Wife

*live together -shall fix the *dutifully manage the


residence of the affairs if the
*observe mutual
respect and fidelity family household

*render mutual help


and support *wife is exempted *cannot acquire
from living with property by
husband if: gratuitous title except
***in case of neglect from relatives who
The injured party are within the
*the dower has not prohibited degrees of
may petition the
court for relief been satisfied marriage
*conjugal dwelling is
not in keeping with
-Husband and wife *cannot exercise
her social standing
shall inherit from profession without
each other consent of the
husband
(or seek the help of
-Husband and wife
Agama Arbitration
shall have the right to
council)
divorce in accordance
with PD 1083
*shall have the title
for the satisfaction of
mahr

*unless stipulated in
the Marriage
Settlements, shall
retain ownership and
administration of her
exclusive property
*entitled to equal and
just treatment from
her husband

Property Relations

How governed:
*contract (before or at the time of the celebration of the marriage)
*provisions of PD 1083
*custom

Regime of Property Relations


In absence of stipulation – COMPLETE SEPARATION OF
PROPERTY

Stipulation in Marriage Settlements


Shall be void if the marriage does not take place
Stipulations not pertaining to the marriage shall subsist

Ante-nuptial property
(Unless agreed and proven by a written agreement)
The wife shall not lose ownership and administration of all
properties brought by her to the marriage.
She may dispose of the same by deed without the consent of her
husband

Exclusive Property
*property brought into the marriage
*income derived from employment, occupation or trade
*money or property acquired during the marriage by lucrative
title
*the dower and nuptial gifts to each spouse
*properties acquired by right of redemption, purchase, or
exchange of exclusive property
*fruits of all properties (previously mentioned)