and humiliation because of the breach committed by the other party.

The erring party in that case

shall be liable to the former for actual, moral, and other forms of damages recoverable under the
law as the court may grant.

SECTION 2: PROHIBITED MARRIAGES

Marriages under the Muslim law jurisprudence (fiqh) are classified into:

1.) Valid (Sahi) marriages, or those that conform to all the essential requisites of valid
marriages
2.) Irregular (fasid) marriages, or those that are neither sahi (valid) , nor void (batil) but are
so defective for failing to comply to a certain condition prescribed for failing to comply
certain condition prescribed under the Muslim law);
3.) Void (batil) marriages, or those that are prohibited by Muslim law; e.g. incest, immoral, or
contrary to Sharia and has no legal effect whatsoever as though they never existed.

Distinctions between Irregular and Void Marriages:

The unlawfulness of marriage may be either absolute or relative.
a) Absolute- void marriage.
It is whereby its nature is null and void ab initio, as though t never got
contracted.
b) Relative- irregular marriage
It is merely lacks some conditions of a valid marriage contract.

Effect of an irregular marriage and void marriage:

a.) If cohabitation takes place, the woman’s dower, specified or proper whichever is less,
shall become due. (as to Void marriage: no dower shall become due against the man)
b.) In the event of divorce or death of the man, the iddah of the woman shall become
incumbent. (as to void marriage: no observance of idda shall become necessary for the
woman)
c.) The issues that are born to them shall be legitimate. (as to void marriage: child is
illegitimate).

Article 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited
degrees:
(a) Of consanguinity;
(b) Of affinity; and
(c) Of fosterage.

The Muslim law considers a fourth ground, which is “shirk”, or associating gods with God.

Consanguinity
It is the subsisting between some persons having the same or common ancestor, which
may either be:
i.) Lineal consanguinity, which is that which exists among persons where one is
descended from the other, as between the son and the father, or the grandfather, and
so on upward in a direct ascending line; and between the son and the father, or the
grandfather, and so on downward in a direct descending line;
ii.) Collateral Consanguinity which is the relation subsisting between persons who
descend from the same common ancestor, but not from each other.

Affinity is the connection existing in consequence of marriage, between each of the married
persons and the kindred of the other.
Fosterage, is the relationship created between a man and a woman from whom he has sucked
during his infancy.

Kinds of Prohibition in Marriage (Ashab-ut Tahrim)

A.) Absolute or perpetual (hurmut)

When the marriage is absolutely or perpetually prohibited between a man and woman
under the Muslim Law (i.e by consanguinity)

B.) Relative or temporary (muwakkat)

When due to some cause a man and a woman is forbidden to marry one another, but
upon the cessation of the cause giving rise to the prohibition in marriage between them
they are thereafter lawful in marriage to one another under the Muslim law, i.e marrying a
women who are closely related such as marriage with his wife’s sister, or aunt, or niece.

Article 24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall be contracted

between:
(a) Ascendants and descendants of any degree;
(b) Brothers and sisters, whether germane, consanguine or uterine; and
(c) Brothers or sisters and their descendants within the third civil degree.
MAN
In the direct line, a man cannot marry his:
a.) Mother (includes all female ancestors)
b.) Daughter (includes all female descendants)

In the collateral line, a man cannot marry his:

a.) Sisters, whether consanguine, germane, or uterine (includes sister’s daughter and her
descendants)
b.) Brother’s daughter (includes brother’s daughter’s descendants)

WOMAN
In the direct line, a woman cannot marry her:
a.) Father (includes ascendants)
b.) Son (includes descendants)

In the collateral line, a woman cannot marry her: