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Sharia Divorce Stand

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1 Sharia Divorce Stand on Fri Oct 28, 2016 3:55 pm

MarzJ


Arresto Menor
Hello. Thank you all for taking the time to read and for the advice in advance.

I was married to my ex husband last 2009 through the Catholic church. The marriage did not last a year. Early 2015 we both decided to go through Sharia Divorce as he wants to practice Islam and already has a a child with his new partner. We converted to Islam and our divorce went through. Had it registered at the civil registrar and they had canceled and annotated the marriage contract.

While the divorce was ongoing i was seeing someone. And when i was finally "free" he proposed and we got married civilly.

I just wanted to clarify the Philippine laws stand on this? Specially the PD 1083?

I asked the lawyer here if it is necessary for my to undergo annulment but he said there is nothing to annul as the certificate te of marriage with my ex was already cancelled.

Im really confused. Hope you can shed some light to this.


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2 Re: Sharia Divorce Stand on Fri Oct 28, 2016 5:16 pm

Ratchei


Arresto Menor
Salam,

Yes mam, no need to file for an annulment. Your previous marriage is legally divorce. Both of you can contract a new marriage (as already did by both of you). PD1083 is a law that governs Muslim in the Philippines which is part of legal system of the country.

For the more legal process, procedures and assistance regarding PD1083: atcheinasir@gmail.com

Thank you

Shariah Counselor

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3 Re: Sharia Divorce Stand on Mon Feb 13, 2017 7:19 pm

BLACKSHEEPERD


Arresto Menor
assalamualaikum,

I am confuse also, can you please help me understand the provision of PD1083 below specially the no. 2 paragraph.
thank you

TITLE II
MARRIAGE AND DIVORCE

Chapter One
APPLICABILITY CLAUSE

Article 13. Application.

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

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4 Re: Sharia Divorce Stand on Wed Feb 15, 2017 5:11 pm

Ratchei


Arresto Menor
Salam,

Article 13 of PD 1083, the subject of Marriage and Divorce mentioned are applicable only to Muslim (both parties, husband and wife) or only the male (husband) party as long as the marriage is solemnized under Muslim law. Therefore, if the marriage is not solemnized under Muslim law, the said marriage is solemnized under Family Code, therefore divorce is not applicable.

However, even the marriage is solemnized under Muslim law, if parties converted to Islam and decided to transfer their Marriage from Civil to Muslim shall have the legal effect pursuant to the Article 176-179 of PD 1083, their marriage is now covered by Muslim law.

For more information about marriage and divorce, just email: atcheinasir@gmail.com or text: 09291193190.

Thank you

Shariah Counselor

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