In the Philippines, while the Family Code governs civil marriages and generally prohibits absolute divorce, Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws (CMPL), provides a comprehensive legal framework for the dissolution of marriage among Muslims. Enacted in 1977, this decree recognizes the unique cultural and religious identity of Filipino Muslims by integrating Islamic jurisprudence (Shari’ah) into the national legal system.

1. Scope and Application

The provisions of PD 1083 apply when both parties are Muslims, or when the male party is a Muslim and the marriage was solemnized in accordance with Muslim law. If a marriage is celebrated under the Civil Code (even if one or both parties are Muslim), the Civil Code generally applies, though matters of divorce often fall under the jurisdiction of Shari’ah courts if the parties are indeed Muslim.

2. The Concept of Talaq and Fasl

Divorce in Muslim law is not a singular concept but a categorized set of rights and procedures available to either the husband, the wife, or by mutual consent.

**A. Divorce by the Husband (Talaq)**

A husband may divorce his wife by pronouncing talaq. Under PD 1083, this is a formal process:

Repudiation: The husband must file a notice of his intention to divorce his wife with the Shari’ah Circuit Court.
The Idda Period: Divorce does not become effective immediately. The wife must observe a waiting period (Idda), usually three monthly courses, to determine pregnancy and provide a "cooling-off" period for potential reconciliation.

**B. Divorce by the Wife (Tafwid or Fasl)**

While the husband has the right of talaq, the wife also has specific legal avenues to seek dissolution:

Tafwid (Delegated Right): If the marriage contract (Kabahupan) stipulated that the wife has the right to divorce herself under certain conditions, she may exercise this.
Fasl (Judicial Decree): The wife may petition the Shari’ah court for divorce based on specific grounds, such as:
Neglect or failure to provide support.
Imprisonment of the husband for more than one year.
Impotency or insanity.
Cruel treatment or habitual assault.

**C. Mutual Consent (Khul’)**

Khul’ is a "divorce by redemption." The wife may request the husband to release her from the marriage bond in exchange for a consideration (usually the return of the dower or Mahr).

**D. Divorce by Imprecation (Li’an)**

This occurs when the husband accuses the wife of adultery under oath, and the wife denies it under oath. This results in a permanent dissolution of the marriage by the court.

**3. Grounds for Judicial Divorce (Fasl)**

Under Article 52 of PD 1083, the Shari'ah court may decree a divorce upon petition of the wife for several reasons, including:

Failure of the husband to perform his marital obligations for six consecutive months.
The husband is sentenced to a penalty of at least one year of imprisonment.
Failure to provide support for at least three consecutive months.
The husband is afflicted with a condition (like leprosy or a venereal disease) that makes cohabitation dangerous.

4. Procedural Requirements

Divorce under PD 1083 is not merely a private religious act; it has mandatory legal steps to be recognized by the Philippine state:

Filing of Notice: The party wishing to divorce must file a written notice with the Clerk of the Shari’ah Circuit Court.
The Agama Arbitration Council: Upon filing, the court shall constitute an Agama Arbitration Council. This council is composed of a Chairman (the Clerk of Court) and representatives from both the husband's and wife's families.
Mandatory Conciliation: The council’s primary goal is to reconcile the parties. If reconciliation fails after several sessions, the council submits a report to the court, and the divorce is then recorded.
Registration: The divorce must be registered in the Shari’ah Registry of the place where it was granted to be legally binding and effective against third parties.

5. Legal Effects of Divorce

Once the divorce is finalized and the Idda (waiting period) has expired:

Severance of Ties: The marital bond is dissolved; parties are free to remarry.
The Dower (Mahr): If the divorce is initiated by the husband (Talaq) without fault on the wife's part, she is generally entitled to the full dower.
Custody of Children: Generally, the mother is entitled to the custody of children (the age of "discernment" is usually 7 years old), subject to the best interests of the child as determined by the court.
Support: The husband is obliged to support the wife during the Idda period. If she is pregnant, the support extends until the child is born.

Summary Table: Types of Dissolution

Type	Initiated By	Key Characteristic
Talaq	Husband	Repudiation of the marriage; requires court notice.
Khul’	Wife	Divorce by mutual consent; wife returns the dower.
Fasl	Wife	Judicial divorce based on specific legal grounds (e.g., neglect).
Li’an	Husband	Based on an accusation of adultery and mutual oaths.
Tafwid	Wife	Exercise of a pre-agreed right in the marriage contract.

PD 1083 stands as a significant piece of legislation in the Philippines, acknowledging that "the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies."

Would you like me to draft a summary of the specific differences in child custody rules between the Shari'ah Court and the Civil Court?