Persons and Family Relations

Under the Code of Muslim Personal Laws

(Shari’ah 2, MSU College of Law-Iligan Extension Class)
Atty. Faisal Pacalna Cali, REB, Sh.L.

Mid Term Coverage/Outline

I. Preliminaries

A. Background on the Code on Muslim Personal Laws

Rationale

Purpose
Basis

B. Muslim Personal Law, Definition (Article 7 (i))

C. Construction of the Code (Article 4)

D. Conflicts of Provisions (Article 3)

Zamoranos vs. Pacasum, G.R. No. 193902, July 1, 2011
Rulona-al Awadhi vs. Hon. Astih, District Judge of the
Fourth SDC, G.R. No. 81969 September 26, 1988

Exceptions (when the Muslim Code apply to non-

muslim)
In Villagracia v. Fifth Shariah District Court and
Mala, G.R. No. 188832, April 23, 2014

E. Proof of Muslim Law and Ada (Article 5)

F. Conflict in Islamic Schools of Law (Article 6)

Takhayur vs. Talfiq

II. Persons

A. Definition
Classification of Persons (Natural and Juridical)
Person vs. Thing

B. Legal Capacity
Two Components (Article 8)
Restrictions on Capacity (Article 9)
 C. How is personality acquired (Article 10)
Can a conceived child inherit? Related to Article 97
What do you mean by “BORN ALIVE?”

D. How is personality extinguished (Article 11)

Transmissible rights
Presumption of Death
See Article 42 of the Family Code
Section 3 (jj), Rule 132 of the Rules of Court

Simultaneous Death (Article 12)

Compare with Section 3 (kk), Rule 132, Rules of
Court

III. Marriage

A. Applicability Clause (Article 13)

Malang vs. Monson, G.R. No. 119064, August 22, 2000

Bondagjy vs. Bondagjy, G.R. No. 140817, December 7,
2001

Combined Muslim-Civil Marriage Rites

Zamoranos vs. Pacasum, G.R. No. 193902, July 1,
2011

Relate to Article 178 and 186

Juliano-Llave vs. Republic, G.R. No. 169766, March
30, 2011

Relate to Article 16, Civil Code and Article 26, Family

Code

B. Nature and Definition of Marriage (Article 14)

C. Essential Requisites
Legal Capacity (Article 16)
What if any of the parties are below 15 years of
age—the male or the female?
Betrothal Marriage
Option of Puberty (Khiyar Al Bulugh)
Article 79

Mutual Consent
Offer (ijab) and acceptance (qabul)
 Is proxy wedding allowed?

Dower (mahr)
Requisites
Types by specification (Article 20)
When should it be paid? (Article 21)
When Dower must by fully satisfied (forfeited in
favour of the wife)?
Nature of ownership of Dower

D. Marriage Ceremony (Article 17)

Place of solemnization (Article 19)
Authorized Solemnizing Officer (Article 18)
Is secret marriage allowed?

E. Subsequent Marriage (Article 27)

Relate to Article 162

F. Rights and Obligation

Mutual Rights and Obligations (Article 34)
Rights and Obligations of the Husband (Article 35)
Rights and Obligations of the Wife (Article 36)
Right to Sue and be Sued (Article 44)

G. Property Relations Between Spouses

What governs the property relations? (Article 37)
Stipulation in the Marriage Settlement (Article 39)
Regime of Property Relations (Article 38)
Regime of Complete Separation of Properties
Vs. Conjugal Property
Exclusive Properties (Article 41 and 42)
Household Property (Article 43)

H. Void Ab initio Marriage [Batil] (Article 31)

Prohibited Marriages
1. Tahrimjbin-nasab [by consanguinity] (Article 24);
2. Tahrim-bill-musahara [by affinity] (Article 25); and
3. Tahrim-bir-rada'a [by fosterage] (Article 26).

Unlawful Conjunction
1. Simultaneous marriage of sisters
2. Simultaneous marriage of a woman and her
paternal or maternal aunt
3. Shigar Marriage
 4. Muhallil Marriage
5. Marriage dependent on a future condition
6. Mut’ah

Parties one or both of whom have been found guilty of

having killed the spouse of either of them.

Remedy

I. Irregular Marriages [Fasid] (Article 32)

Contracted with female observing idda (Article 29)
Talaq Bain Kubra (Article 30)
Vitiated Consent by violence, intimidation, fraud,
deceit or misrepresentation (relate to Article 16 paragraph
3)
Condition of death-illness (marad-ul-mault) without the
same being consummated
State of ihram (Article 7 (d))
Mixed marriages not allowed under Islamic law

Remedy