Introduction

In the Philippines, the law distinguishes between Muslims by birth (those born to at least one Muslim parent and raised as Muslim) and “reverts” (also commonly called converts) – persons who were previously non-Muslim and who, at some point after reaching the age of majority, embraced Islam through the pronouncement of the Shahāda before competent witnesses or an authorized religious authority.

For purposes of personal and family relations, a revert who validly embraces Islam is governed by the Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083, enacted 1977, as amended) in exactly the same manner as a Muslim by birth, provided the conversion/reversion is sincere and duly established.

I. When Does a Revert Become Subject to the Code of Muslim Personal Laws?

Under Article 13 of PD 1083:
“Muslims” include:
(a) Those who are Muslims at birth;
(b) Those who convert to Islam in accordance with Muslim law.

The Supreme Court has consistently ruled that once a non-Muslim validly converts to Islam, the Code of Muslim Personal Laws immediately applies to his/her subsequent marriage, divorce, succession, and other personal status matters (see, e.g., Alonzo v. Intermediate Appellate Court, G.R. No. 72873, May 28, 1987, and subsequent cases).

II. Capacity to Marry Under Muslim Law (Articles 14–18, PD 1083)

Age requirement
- Male: must have attained puberty and at least 15 years of age
- Female: must have attained puberty and at least 15 years of age
- If between 15 and 21 years old (for males) or 15 and 18 (for females under the Family Code, but Muslim law prevails), the consent of the wali (guardian) is required unless the person is already of legal age under civil law.
Puberty is presumed at 15 unless proven otherwise.
No upper age limit.
Mental capacity – must be of sound mind at the time of the marriage contract.
Previous marriages
- A revert who was previously married under the Family Code (civil law) remains bound by the prohibitions on bigamy under the Revised Penal Code unless the previous marriage was validly dissolved by death, annulment, or divorce (for the non-Muslim spouse who later converted).
- Once the person becomes Muslim, subsequent marriages are governed by Muslim law, which permits polygyny (up to four wives) subject to strict conditions of justice and equality (Art. 27, PD 1083).

III. Formal Requisites of a Valid Subsequent Muslim Marriage for Reverts

A. Marriage Ceremony (Ijab-wa-Qabul)
The marriage must be solemnized in accordance with Islamic rites:

Offer (ijab) and acceptance (qabul) in one sitting
In the presence of at least two competent Muslim male witnesses (or one male and two female witnesses)
Payment or stipulation of mahr (dower)

B. Officiant
The marriage may be solemnized by:

A Muslim judge of the Shari’a Circuit or District Court
An imam, mufti, or any reputable Muslim leader authorized by the Shari’a court or by the Assembly of Darul-Ifta of the Philippines
In the absence of the above, any Muslim of legal age with sound mind may solemnize provided the marriage is later registered

C. Registration Requirement (Art. 23, PD 1083)

The marriage must be registered within 30 days with the Circuit Registrar (Shari’a Circuit Court) of the place where the marriage was solemnized.
The Certificate of Marriage issued by the officiant is submitted together with the required affidavits.
Registration is mandatory for the marriage to produce civil effects against third persons, although the marriage is valid between the parties even without registration.

D. Documents Typically Required for Registration of a Revert’s Marriage

Certificate of Conversion/Reversion to Islam issued by a recognized Islamic organization or imam (e.g., National Commission on Muslim Filipinos [NCMF], UP Institute of Islamic Studies, or any accredited da’wah center).
- The certificate usually contains:
  – Full name and personal circumstances
  – Date and place of reversion
  – Names of at least two Muslim witnesses to the Shahāda
  – Signature/seal of the issuing authority
Proof that the revert has undergone basic Islamic marriage counseling (sometimes required by local Shari’a courts or the NCMF).
For reverts previously married under civil law:
– Certificate of Finality of Annulment/Declaration of Nullity, or
– Death certificate of former spouse, or
– Proof of divorce obtained abroad (if recognized), or
– In some circuits, an affidavit that the previous marriage has been dissolved by talaq, khul’, or faskh after conversion (controversial and not uniformly accepted).
Valid government-issued ID.
Payment of the required filing fees.

IV. Special Situations Involving Reverts

Reversion of only one spouse
If a non-Muslim married couple has one spouse revert to Islam and the other remains non-Muslim, the marriage remains valid under the Family Code, but the Muslim spouse may petition the Shari’a District Court for judicial decree of faskh (annulment) under Art. 52 of PD 1083 on the ground of difference of religion.
Polygynous marriages
A male revert may contract subsequent marriages up to the limit of four, provided:
- He possesses sufficient financial capacity
- He can deal with his wives and children with justice and equality
- The subsequent marriage is registered and the existing wife/wives are notified
Foreign reverts
Foreign nationals who revert to Islam in the Philippines may marry under PD 1083. Their marriage will be recognized in the Philippines but recognition abroad depends on the law of their country of nationality (comity).

V. Common Misconceptions Clarified

A revert does not need to secure a court order declaring him/her a Muslim before marrying under Muslim law. A valid certificate of reversion suffices.
The Local Civil Registrar under the Family Code has no authority to register a Muslim marriage solemnized under PD 1083. Only the Shari’a Circuit Registrar can do so.
Marrying a revert under the Family Code (civil marriage) instead of Muslim rites is permissible but deprives the couple of the benefits and incidents of Muslim personal law (e.g., easier divorce, polygyny for males, different inheritance shares).

VI. Leading Cases Involving Reverts

Zamoranos v. People (G.R. No. 193902, 13 June 2018) – reaffirmed that a valid conversion to Islam allows the convert to contract a subsequent marriage under PD 1083 without committing bigamy, provided the previous civil marriage was validly terminated or the convert avails of the remedies under Muslim law.
Alonto v. Republic (G.R. No. 206677, 25 July 2016) – conversion must be sincere and not merely for convenience to circumvent bigamy laws.

Conclusion

A person who validly reverts to Islam in the Philippines immediately acquires the right and obligation to have his or her subsequent marriage governed by the Code of Muslim Personal Laws. The essential requirements are: (1) sincere reversion evidenced by a certificate, (2) attainment of the minimum age and capacity, (3) celebration of the marriage through ijab-wa-qabul with the required witnesses and mahr, and (4) registration with the appropriate Shari’a Circuit Court. Compliance with these requisites ensures full legal recognition and protection under Philippine law.