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follow sharia law or annulment?

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1 follow sharia law or annulment? on Fri Apr 19, 2013 11:05 pm

sheryll09


Arresto Menor
hi atty,
Im 35 years old and working abroad. i was married to a muslim last 2002. since i went to abroad to work last 2008, we were already separated. our marriage was solemnized by an Imam. i was a catholic but my religion on our marriage cert was Islam. My husband is now married to another woman. We have 1 child. can i apply to sharia law for our divorce or do i have to go for annulment. which one is the fastest way since i already want to make our separation legal. kindly advice me as soon as possible. thank you.

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2 Re: follow sharia law or annulment? on Sat Apr 20, 2013 1:09 am

Drummer Boy


Arresto Menor
In my opinion,since your marriage was solemnized in accordance with Muslim law, its dissolution can only be done through shariah proceedings. See a Shariah Lawyer so you could be properly advised.

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3 Re: follow sharia law or annulment? on Sat Apr 20, 2013 1:08 pm

attyLLL


moderator
in my opinion, even if it was conducted under Muslim law, sharia law will not apply because you are not a muslim. so imo, divorce is not applicable.


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4 Re: follow sharia law or annulment? on Sat Apr 20, 2013 3:26 pm

Drummer Boy


Arresto Menor
Ok Sir but she said "i was a catholic". To my mind,it presupposes she was once a catholic but was converted to Islam upon marriage and continues to be muslim up to this day.

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5 Re: follow sharia law or annulment? on Sun Apr 21, 2013 6:24 pm

sheryll09


Arresto Menor
hello po. thank you sa mga nagreply. hindi po ako muslim, pero ang nakalagay pong religion ko sa Marriage Certificate namin is Islam. Can i apply for divorce under Sharia Law?

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6 Re: follow sharia law or annulment? on Mon Apr 22, 2013 12:26 am

Drummer Boy


Arresto Menor
I still submit that since your marriage was solemnized in accordance with Muslim rites then the same is goverrned by Shariah Law. It suffices that your husband is a Muslim at the time of your marriage. Only in cases where a marriage between a muslim and non-muslim,solemnized not in accordance with Shariah will the provisions of Civil Code apply.

However,as a rule,only the husband may initiate the action for Divorce except of justifiable grounds where a divorce may be decreed upon petition of the wife.

See PD 1083.

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7 Re: follow sharia law or annulment? on Tue Apr 23, 2013 5:52 pm

ecyoj_67


Arresto Menor
SINO PO DITO NA ANNULLED NA UNG MARRIAGE CUZ I NEED HELP PO?

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