Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines

4404 Words May 2nd, 2013 18 Pages
Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines

Andres C. Soguilon
Juris Doctor-1 UNIVERSITY OF CEBU COLLEGE OF LAW

Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines
Abstract
This paper is a comparison between the laws governing the Muslim marriage and Divorce through Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws and marriage and legal separation under the Family Code. It also compares the rights and obligations of spouses between the two codes. It analyzes the similarities and differences of the provisions on the
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The two laws have a definition of marriage which is more or less akin to each other.4 2. Requisites of Marriage Family Code of the Philippines Code of Muslim Personal Laws

Art. 2. No marriage shall be valid, unless these essential requisites are present: 1. Legal capacity of the contracting parties who must be a male and a female; and 2. Consent freely given in the presence of the solemnizing officer

Art. 15.Essential requisites. No marriage shall be perfected unless the following essential requisites are complied 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.

Art. 3. The formal requisites of marriage are: 1. Authority of the solemnizing officer; 2. A valid marriage license except in the cases provided for in Chapter 2 of this Title; and 3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officers and their personal Art. 16.Capacity to contract marriage. declaration

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