Monday, February 15, 2016

How to get Muslim Marriage Certificate in the Philippines

Philippines is a country made out of thousands of islands with a very diverse culture and beliefs. These differences include wedding rituals and beliefs. Although its citizens follow the same law, which is the Civil Code of the Philippines, some exemptions applies such as wedding rules and law.

The Islamic community all over the world have a very different way of conducting wedding ceremonies and wedding solemnization. It also has different rules to be followed in order for a married couple to be able to acquire a marriage contract. This is because a male Muslim is allowed to marry up to four women as long as rules will be followed. And a female Muslim is allowed to get married when she reaches puberty stage as long as it has the consent of her parents or guardians. 

In the religion Islam, uniting two people through marriage is both a social agreement and a legal contract. At present, a marriage contract (Nikahnama) is signed in the presence of an Islamic judge, an imam or a community elder who is acquainted with Islamic law. Some couple get married first and then acquires marriage certificate after.

So what are the things that need to be considered in getting a Muslim wedding certificate in the Philippines? Negotiating and signing the contract is a requirement of marriage under Islamic law, and certain conditions must be considered in order for it to be binding and recognized. According to Presidential Decree No. 1083, in Marriage (Nikah) Art. 15. Essential requisites. – No marriage contract shall be perfected unless the following essential requisites are compiled with:

(a) Legal capacity of the contracting parties; 

(b) Mutual consent of the parties freely given; 

(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and

(d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. 
After the contract is signed, a couple is now considered legally married. 

Registration of Marriages

As per Civil Service Registrar ADMINISTRATIVE ORDER NO. 1, SERIES OF 2005 under rule 9, the registration of marriages among Muslim Filipinos shall be governed by the following rules:
  1. Marriage (Nikha) among Muslim Filipinos is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by P.D. 1083 and the Shari'a, and are not subject to stipulations, except that the marriage settlements may, to a certain extent, fix the property relations of the spouses (Article 14, P.D. No. 1083).
  2. Marriage among Muslim Filipinos performed under their customs, traditions, rites and practices shall be reported within thirty (30) days after the date of marriage by the officiating person, or in his default, by the parties to the marriage for registration, to the Circuit Registrar of the city or municipality where the Shari'a Circuit Court exists. Where there is no Shari'a Circuit Court, marriages among Muslim Filipinos shall be registered at the Local Civil Registry Office (LCRO) where the marriage was celebrated with the annotation that the marriage is in accordance with P.D. 1083 both in the Certificate of Marriage and the Marriage Register. 
  3. The person officiating the marriage shall indicate in the Certificate of Marriage (Municipal Form 97, revised January 1993) that said marriage was solemnized in accordance with P.D. No. 1083, and fill up the attachment to the Certificate of Marriage with the following information: amount of mahr(dowry); first or subsequent marriage; tafwid, if granted and such other stipulations. The Certificate of Marriage and the attachment shall be permanently kept together and shall constitute the record of marriage. 
  4. The Certificate of Marriage shall be prepared in five (5) copies and shall be distributed by the Circuit Registrar, or by the C/MCR, as the case may be, as follows: first copy to the contracting parties; second copy to the Civil Registrar General (CRG); third copy to the Circuit Registrar/C/MCR; the fourth copy to the District Registrar if marriage was registered at the Shari'a Court; and the fifth copy to the solemnizing officer. 
  5. Other matters related to registration of marriages among Muslim Filipinos not covered by this Rule shall be governed by the pertinent provisions of Administrative Order No. 1, Series of 1993.
For more info please read : Rules and Regulations Governing Registration of Acts and Events Concerning Civil Status of Muslim Filipinos  or Law of Muslim Marriage

Contributor : Raine Corpuz

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