How Islamic Divorce Reflects on a CENOMAR in the Philippines

Executive summary

In the Philippines, an Islamic divorce validly granted under the Code of Muslim Personal Laws (CMPL) does not erase the fact that a marriage once existed. Consequently, the Philippine Statistics Authority (PSA) will not issue a “clean” CENOMAR (Certificate of No Marriage Record) to someone who had a registered marriage—even if that marriage has been validly dissolved under Islamic law. Instead, PSA records will continue to show the marriage, and, once properly registered and transmitted, the marriage entry will bear an annotation indicating that the union was dissolved by a Shari’ah court or through a registered Islamic divorce. The practical document to request is typically the Advisory on Marriages (AOM) with the divorce annotation.

Legal framework in brief

CMPL (Presidential Decree No. 1083): Governs marriage and divorce for Muslims in the Philippines. Recognizes forms of divorce such as ṭalāq, khulʿ, tafwīḍ, and judicial rescission (faṣkh) when granted/confirmed per the CMPL and Shari’ah court procedures.
Civil Registry Law (Act No. 3753) and PSA rules: Require registration of vital events—including marriages, court decrees, and divorces/annulments—with the Local Civil Registrar (LCR) and PSA.
Family Code (for contrast): For non-Muslims, divorce is generally not available domestically; foreign divorces require judicial recognition before PSA anotates records. For Muslims, domestic Shari’ah divorces are recognized without the need for an RTC “recognition of foreign judgment” because they are not foreign—they are local and governed by the CMPL.

Key PSA documents and what they actually show

CENOMAR (Certificate of No Marriage Record)
- States whether a person has any marriage record on file with the PSA.
- If you have ever had a PSA-registered marriage, the PSA database will reflect that, even if the marriage has been dissolved. You therefore won’t get a true “No Marriage Record” result. The certificate may indicate that a marriage record exists and/or direct you to obtain an Advisory on Marriages.
Advisory on Marriages (AOM)
- Lists a person’s PSA-registered marriage(s).
- After a properly registered Islamic divorce, the marriage entry is annotated (e.g., “Dissolved per Shari’ah Circuit Court Decree dated…,” or similar wording).
- This is the usual proof used for licensing offices, embassies, and other institutions to show current marital capacity following an Islamic divorce.
PSA-issued copy of the Marriage Certificate (MC) with annotation
- The original PSA marriage record can be reissued with a marginal note describing the Shari’ah decree or registered divorce event.

Bottom line: If you were never married (no PSA record), you can get a clean CENOMAR. If you were married and later divorced under Islamic law, you should expect the PSA to keep the marriage in your history and rely on the AOM and annotated MC to prove that the marriage has ended.

How an Islamic divorce gets reflected in PSA records

1) Validly obtain the divorce under the CMPL

Depending on the ground and procedure, this may involve:

Pronouncement and registration of ṭalāq complying with notice and reconciliation formalities under the CMPL;
Khulʿ (divorce by redemption) with the husband’s consent and proper documentation;
Faṣkh (judicial rescission) or other judicial relief granted by the Shari’ah Circuit Court.

A Shari’ah court decree/order or an officially registered Certificate of Divorce is the operative instrument.

2) Register the divorce/decree with the Local Civil Registrar (LCR)

File the Shari’ah decree or divorce certificate with the LCR of the place where the marriage was registered (or where the event occurred), within the period prescribed by civil registry rules.
The LCR prepares a civil registry entry (often via a Certificate of Registration of Court Decree/Order or a civil registry form specific to divorces under the CMPL).

3) Transmittal to the PSA and annotation

The LCR transmits the registered event to the PSA.
Once the PSA indexes it, the marriage record will be annotated.
Processing times can vary; the update must appear in the PSA database before an AOM/annotated MC will reflect the divorce.

4) Request updated PSA documents

Advisory on Marriages (AOM): Should show the marriage with an annotation that it has been dissolved under Islamic law.
Marriage Certificate (MC) with annotation: Will carry the marginal note referencing the Shari’ah decree or registered divorce.

Practical implications for common scenarios

A. Applying for a marriage license after an Islamic divorce

Some LCRs ask for a CENOMAR by default. If your CENOMAR shows a prior marriage or directs you to an AOM, present:
- AOM with divorce annotation, and
- Shari’ah decree (certified true copy), and/or
- Annotated PSA Marriage Certificate.
These documents evidence legal capacity to remarry under the CMPL (and, where relevant, to contract a civil marriage depending on the parties’ personal law and LCR practice).

B. Passport, visa, and immigration processing

Foreign missions often ask for “CENOMAR.” If you were previously married, provide:
- AOM with annotation, plus
- Annotated MC and Shari’ah decree.
This combination typically satisfies the requirement to demonstrate current civil status.

C. Mixed-personal-law or conversion issues

Both spouses Muslim when married under Islamic rites: CMPL clearly applies; Shari’ah courts have jurisdiction over divorce; PSA will annotate upon registration.
One spouse non-Muslim or the marriage was civil, not Islamic: CMPL jurisdiction may not apply. If the divorce was obtained abroad, a judicial recognition of foreign divorce in a Philippine court is usually necessary before PSA annotation. If the divorce was not within CMPL jurisdiction, simply presenting a Shari’ah document may not suffice for PSA updates.

D. Unregistered nikāḥ (no PSA marriage record)

If the marriage was never registered with the LCR/PSA, the PSA will not show it on a CENOMAR/AOM. However, unregistered marriages can cause separate legal and practical issues (succession, legitimacy, benefits). Regularization/late registration may be needed before any divorce event can be properly recorded.

E. Polygyny under CMPL

The CMPL allows limited polygyny subject to strict conditions. CENOMAR is not designed to certify capacity where prior marriages exist. Instead, AOM will list marriages and any annotations. Compliance with CMPL prerequisites is assessed at the point of contracting a subsequent marriage (e.g., court permission/justification as required).

What will not happen after an Islamic divorce

Your CENOMAR will not “revert to single.” Once a marriage is in the PSA database, it stays as historical fact. The correct reflection is an annotated marriage record (shown on AOM and MC).
PSA will not annotate without registration. A Shari’ah decree or divorce must be filed with the LCR and transmitted to PSA.
No RTC recognition is needed for local Shari’ah decrees. Recognition proceedings are for foreign divorces; CMPL divorces are domestic.

How to ensure your divorce reflects correctly (step-by-step checklist)

Secure certified copies of the Shari’ah court decree or duly issued Certificate of Divorce.
File with the LCR that has custody of your marriage record (usually where the marriage was registered).
Confirm transmittal from LCR to PSA (ask for the transmittal reference or endorse a follow-up).
Wait for indexation (processing time varies; once done, PSA should show the annotation).
Request an AOM and an annotated MC from the PSA to verify that the update appears.
Use the AOM + annotated MC (and decree) in transactions that ask for a CENOMAR when you previously had a marriage.

Frequently asked questions

Q: Can I still ask for a CENOMAR after an Islamic divorce? A: You can request one, but it will not come back “clean” if a marriage exists in the PSA database. Expect it to flag that a marriage record is on file or be advised to obtain an AOM.

Q: Which document proves I’m free to marry after an Islamic divorce? A: Your AOM with the divorce annotation, your annotated Marriage Certificate, and a certified Shari’ah decree together serve as proof. Local LCRs may have specific checklists; bring all three.

Q: My AOM still shows me as married. What went wrong? A: Most likely, the divorce/decree hasn’t been registered with the LCR or hasn’t been transmitted/indexed by the PSA. Return to the LCR with your decree and ask for registration and transmittal.

Q: Do I need a court case in a regular RTC to “recognize” my Shari’ah divorce? A: No, if the divorce is local and under CMPL with Shari’ah court jurisdiction. Judicial recognition is typically required only for foreign divorces.

Q: We married civilly (not in Islamic rites), but later both converted and obtained a Shari’ah divorce. Will PSA annotate? A: Jurisdiction and validity become fact-sensitive. If the marriage was not under CMPL jurisdiction, a Shari’ah decree alone may not suffice for PSA annotation. You may need to pursue the legally appropriate route (e.g., judicial recognition if the divorce is foreign, or other Family Code remedies).

Practical tips

Order the right document: If you had any registered marriage, ask for AOM (and the annotated MC), not just a CENOMAR.
Names and spellings matter: Ensure names, dates, and registry book/page numbers match across your decree, LCR filings, and PSA records.
Keep certified copies: Maintain certified true copies of the Shari’ah decree and LCR registration forms.
Plan ahead: PSA indexation can take time. For time-sensitive applications (license, visa), start early.

Conclusion

An Islamic divorce under the CMPL changes your current marital capacity but does not erase your marriage history. The PSA’s role is not to “wipe” the record but to annotate it. In practice, your AOM with an annotation—together with your annotated marriage certificate and Shari’ah decree—is the correct evidentiary set to show that you are lawfully divorced and, where permitted by law, free to contract another marriage.