Muslim Marriages Philippines

Question: I am married to my husband through a civil ceremony. He is a pure Maranao (Muslim) and I am a pure Christian. Can he marry a Maranao woman without our marriage being annulled?

Answer:

In the Philippines, both civil and religious marriages are recognized, and the country has a unique legal framework that allows for the application of Muslim personal laws on its Muslim population. Here's how the situation breaks down:

1. Muslim Personal Laws in the Philippines:

   • Under the Presidential Decree No. 1083, also known as the Code of Muslim Personal Laws of the Philippines, Muslims are allowed to contract and solemnize marriages in accordance with their customs, rites, and practices.

2. Polygamy under Muslim Personal Laws:

   • Muslim men are allowed to have up to four wives, provided they can treat them equally in terms of love, care, support, and property. However, the practice comes with stringent conditions, ensuring justice and fairness among the wives.

3. Interfaith Marriages:

   • If a Muslim man marries a non-Muslim woman under civil rites, their marriage is recognized under the Family Code of the Philippines, which does not permit polygamy. So, even if the man is Muslim, if his marriage was celebrated under civil rites, he is bound by the provisions of the Family Code, which prohibits polygamy.

4. Consequences of Violation:

   • If your husband marries another woman without an annulment or without converting the previous civil marriage into one under Muslim rites, he may be liable for bigamy, a criminal offense under the Revised Penal Code.

5. Conversion and Subsequent Marriage:

   • If a non-Muslim couple wishes to come under the purview of Muslim Personal Laws, both would need to convert to Islam. However, this should be done in good faith and not as a way to circumvent the law.

6. Annulment:

   • For your husband to marry another woman without the risk of committing bigamy under civil law, he would first need to obtain an annulment or a declaration of nullity of your marriage. This would make him legally free to marry again.

Conclusion:

While Muslim men in the Philippines are allowed to practice polygamy under specific conditions, the situation is complicated when one party in the marriage is non-Muslim, and the marriage was solemnized under civil rites. It's essential to be aware of the legal implications and consult with a legal professional to understand the intricacies of the situation fully.