SHARI’A LAW REVIEWER

MIDTERMS (ARTS. 1-26)

Conflict of Laws 2. Office of Shari’a Judge

3. Office of the District or Circuit Registrar
General Laws MPC wins Marriage and Divorce 4. Residence of bride or her wali
5. Any suitable place agreed upon by parties
Special and Local MPC loses Only applies if solemnize in accordance with Muslims
Laws laws and when: Q: When is dower paid?
Prejudice to Non- MPC does not 1. Both are Muslim A: Either fully or partially before, during, or after the
Muslims apply 2. Male is Muslim, Female is Non-Muslim marriage. Property or estate of the husband shall be liable
for the unpaid dower.
*MPC only applies to Muslims*
Essential Requisites of Marriage
Customary Laws or Ada - should be first proven as evidence. Q: When is there a breach?
It does not apply if contrary to the Constitution, MPC, Muslim 1. Legal capacity of contracting parties
law, public order, public policy, or public interest. 2. Mutual consent of parties freely given A: Any person is liable after they enter into contract but
3. Offen (ijab) and acceptance (gabul) duly witnessed subsequently refuses without justifiable ground to marry.
Orthodox (Sunni) Schools of Law by at least 2 competent persons after the proper
guardian (wali) has given his consent.
1. Hanafi 4. Stipulation of customary dower (mahr) duly
2. Hanbali witnessed by 2 competent persons Prohibitions of Marriage
3. Maliki
4. Safi’i 1. Consanguinity
Q: When is capacity to contract marriage acquired? a. Ascendants and descendants of any degree
b. Brothers and sisters, whether germane,
Persons and Family Relations A: Male is 15 years of age, female reaches puberty consanguine, or uterine
(puberty is assumed upon reaching 15 years) c. Brothers or sisters and their descendants within
Legal Capacity – the fitness to be the subject of legal relations. 3rd civil degree
Only lost through death.
*Also applies to fosterage, subject to exceptions by
Restrictions Q: Are there any exceptions? Muslim law*
1. Age A: Upon petition by a proper wali, orders solemnization of
2. Insanity a female though less than 15 but not below 12, has reached
3. Imbecility puberty. 2. Affinity
4. Being Deaf-Mute a. Any of the spouses and their respective affinal
5. Condition of Death-Illness This is considered betrothal and may be annulled within 4 relatives up to 3rd civil degree
6. Penalty years after reaching puberty, provided no voluntary b. Stepfather and stepdaughter
7. Prodigality cohabitation has taken place c. Stepmother and stepson
8. Absence d. Stepson or stepdaughter and the widow,
9. Family Relations widower, or divorcee of their respective
10. Alienage ascendants
11. Insolvency Authorities who can solemnize marriages
12. Trusteeship *Still applies even after dissolution of marriage*
1. Proper wali of woman to be wedded
Q: How is personality acquired? 2. Any person who is competent under Muslim law
3. Judges of Shari’a Courts
A: Upon birth or when favorable to child upon conception. 4. Any person designated by the judge after the proper
wali refuses without justifiable reason

Loss of Personality
Places of Solemnization
1. Death
2. Absence of 7 years, if unknown to be alive. 1. Any Mosque