In the Philippines, the dissolution of marriage for Muslims is governed by Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws (CMPL). Unlike the Family Code of the Philippines, which governs non-Muslims and does not provide for absolute divorce (divorce a vinculo matrimonii), Shariah law explicitly recognizes the termination of the marriage bond through various forms of Talaq (divorce) and judicial decrees.

1. The Concept of Divorce (Talaq)

Under Shariah law, divorce is viewed as a "necessary evil"—permitted but discouraged. The CMPL provides several legal avenues for ending a marriage, depending on who initiates the process and the underlying reasons.

Forms of Divorce Recognized under P.D. 1083:

Talaq (Repudiation): A divorce initiated by the husband through a single external manifestation of his will to dissolve the marriage.
Tafwid (Delegated Divorce): The husband may, at the time of the marriage celebration or thereafter, delegate to the wife the right to effect a talaq.
Khul' (Redemption): A divorce initiated by the wife where she offers a consideration (usually the return of her dower or mahr) to the husband for her release from the marriage bond.
Mubarakat (Mutual Consent): A dissolution of marriage by common agreement between the spouses.
Faskh (Judicial Rescission): A petition filed by either spouse in a Shariah Court to cancel the marriage based on specific legal grounds.

2. Grounds for Judicial Confirmation of Divorce (Faskh)

While Talaq is a right often associated with the husband, the wife may petition the Shariah Circuit Court for a decree of Faskh under Article 52 of the CMPL. The primary grounds include:

Failure to Provide Support: If the husband neglects to provide support (nafaqa) for at least six consecutive months.
Conviction of a Crime: If the husband is sentenced to imprisonment for at least one year.
Failure to Perform Marital Obligations: Neglect of marital duties for a period of six months without reasonable cause.
Impotency: If the husband was impotent at the time of marriage and continues to be so.
Insanity or Serious Illness: If the husband suffers from insanity or an incurable disease that makes cohabitation dangerous or impossible.
Cruelty: Habitual assault, cruel conduct, or forcing the wife to live an unchaste life.
Absence: If the husband's whereabouts are unknown for more than a year.

3. Annulment (Fasid and Batil Marriages)

Distinct from divorce, Shariah law distinguishes between marriages that are void from the beginning (Batil) and those that are irregular or voidable (Fasid).

Void Marriages (Batil): These are marriages that never had legal existence. Grounds include:
Marriages within prohibited degrees of consanguinity (incest).
Marriages within prohibited degrees of affinity.
Marriages contracted during the 'idda (waiting period) of a woman.
Irregular Marriages (Fasid): These are marriages that are missing a specific legal requirement but can sometimes be validated. If not validated, they can be "annulled" or set aside. Grounds include:
Marriage contracted without the required number of witnesses.
Marriage performed by someone without proper authority.

4. The Role of the Shariah Courts

No divorce or annulment is legally binding in the Philippines unless it is filed with and confirmed by the Shariah Circuit Court.

Notice of Divorce: Any Muslim who effects a divorce must file a written notice with the Clerk of Court of the Shariah Circuit Court where they reside.
Agama Arbitration Council: Upon filing, the court constitutes an Agama (Religious) Arbitration Council. The council attempts to reconcile the parties.
Registration: If reconciliation fails, the court issues a decree, and the divorce is recorded in the Shariah Registry.

5. Legal Consequences

The dissolution of a Shariah marriage carries specific legal mandates regarding the parties' future:

The Waiting Period ('Idda): A divorced woman must observe a waiting period (usually three menstrual cycles or until delivery if pregnant) before she can remarry. This is to ensure the paternity of any potential child.
Mahr (Dower): Depending on the type of divorce, the wife may be entitled to the full payment of her unpaid mahr.
Custody (Hadhana): Generally, the mother is entitled to the custody of children (up to a certain age, usually seven for males) unless she is proven disqualified.
Support: The husband is obligated to support the wife during her 'idda period.

Summary Table: Divorce vs. Annulment in Shariah Law

Feature	Divorce (Talaq/Faskh)	Annulment (Batil/Fasid)
Origin	Valid marriage that is later dissolved.	Marriage was flawed or illegal from the start.
Initiator	Husband, Wife, or both.	Either party or the State.
Waiting Period	Required ('Idda).	Generally not required for void marriages.
Reconciliation	Encouraged via Agama Council.	Not applicable if the union is void.