Civil registration is a continuous, permanent and compulsory recording of civil status of a person and modification thereof under the NSO-UNSIAP. The registration conveniently proves the fact of existence of such marriage among other purposes and further indicates good recording of Filipino vital events pursuant to the existing rules and regulations on civil registration. Marriage contracted under the Islamic law is covered by the compulsory requirement of registration.
Because of the involvement of the Sharia court through the district of circuit clerks acting as registrar in the registration of marriages, divorces, revocation of divorces and conversion to Islam as part of their administrative functions under the law, the Civil Registrar General exercises technical supervision over the Sharia registrars insofar as civil registration matters are concerned.
First, as a Filipino citizen, notwithstanding your religion, the laws on marriage and civil status of a person is governed by the Philippine laws. The validity of invalidity of your second marriage, hinges on your compliance with the Code of Muslim Personal Laws.
In converting to the Muslim faith, you can’t just marry anybody again. Under the Philippine law, a Muslim is not given an unbridled right to just marry anybody, the second, third or fourth time.
There are requirements that the Sharia law imposes, such as giving notice to the Sharia court and to the first wife. The clerk of court shall serve a copy to the wife or wives.
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If any of the wives’ object, an Agama Arbitration Council shall be consulted. If the council fails to secure the consent of the wives, then the Court shall decide whether or not to sustain the objection.
The creation of the Sharia courts through the Presidential Decree 1083 made a significant recognition of the Muslim Personal Laws, as the legal system of the Muslims in the country, which is now a part of the law of the land that seeks to make Islamic institutions more effective.
The Supreme Court has defined the Sharia court as one with limited and special jurisdiction to hear and decide cases and administer justice for the Muslims in the country.
Furthermore, Sharia Circuit Courts have been given jurisdiction to handle and decide all civil suits between parties who are Muslims or have been married involving disputes relating to marriage, divorce, betrothal or breach of contrary to marry; customary dower, disposition and distribution of property upon divorce, maintenance and support, and consolatory gifts; and restitution of marital rights.
The provisions for tribal and Muslim marriages also apply to marriages of non-Christian males and Christian females. However, a Christian male cannot contract a marriage by tribal or Muslim custom but must meet the provisions of the Civil Code to contract a valid marriage with a non-Christian female. This is the policy after June 3 1930.
A non-Christian province is one which has a significant tribal or Muslim population such as Abra, Benguet, Bukidnon, Cotabato, Lanao, Misamis Occidental, Misamis Oriental, Mt. Province, Nueva Ecija, Nueva Vizcaya, Zamboanga del Norte and Zamboanga del Sur.
Requirements for getting married
Marriage between a foreigner and Filipino in the Philippines needs to comply with the legal requirements before officiating the ceremony. This means that if the foreign contracting party and the Filipino contracting party intend to get married in the Philippines, they are to submit all documentary requirements instead to the Civil Registrar of the municipality or city in the Philippines where the marriage is to take place upon their application for a marriage license.
For the foreigner
To save time and avoid any major inconveniences, the foreign contracting party is advised to make sure that the following requirements are ready before traveling to the Philippines
- Original birth certificate (with official English translation if in other language) of foreign contracting party duly authenticated by the Ministry of Foreign Affairs of his or her country and this Embassy’s Consular Section;
- Certificate of Legal Capacity to Contract Marriage to be issued by the Embassy or Consulate in the Philippines of the foreign contracting party; and
- Written consent of first wife (if foreign contracting party is a previously married Muslim man) duly notarized and authenticated by the Ministry of Foreign Affairs and/or Embassy of foreign contracting party in Jordan
It is also advisable that the foreign contracting party prepare certified true copies (with English translations if necessary) of his or her passport, national identification card, and family book. Originals must also be brought along during the trip to the Philippines.
Please read the PDF for more informationSharia Wedding Philippines
Further reading, http://ammanpe.dfa.gov.ph/sample-sites/2016-06-30-07-29-13/88-consular-services/marriage/101-marriage-between-foreigner-and-filipino-philippines
What to do
Once the foreign contracting party has arrived in the Philippines, he or she shall apply with the Filipino contracting party for a marriage license at the Civil Registrar of the place where the marriage is to take place;
The marriage license is not required for those who are getting married under the Islamic faith;
Please note that not all religious officials (e.g. priests, imams, rabbis, ministers) are authorized to solemnize marriages, but only those who are registered with the Civil Registrar-General;
Keep in mind also that issuance of the marriage license has to comply with the ten (10) day publication period; and
Finally, note that the requirements presented here pertain only to the civil aspect of marriage under Philippine law and that those who intend to have a church wedding or marriage rites under other religions may have to comply with additional requirements.