Legal Framework

The personal and family relations of Muslims in the Philippines are governed exclusively by Presidential Decree No. 1083 (Code of Muslim Personal Laws of the Philippines, enacted 4 February 1977), hereinafter referred to as the CMPL.

Article 3(1) of the CMPL provides that it applies to marriage and divorce “wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.”

By virtue of this provision and consistent Supreme Court jurisprudence (e.g., Bondagjy v. Bondagjy, G.R. No. 140817, 7 December 2001; Zamoranos v. People, G.R. No. 193902, 14 June 2017), Muslim personal status is mandatory and not optional for Filipino Muslims. A Muslim cannot validly opt out of the CMPL and marry solely under the Family Code if the result would contravene Sharia principles incorporated in the CMPL.

Fundamental Sharia Principle Incorporated in Philippine Law

The CMPL is not a complete codification but a selective codification of Sharia as practiced in the Philippines (Article 2, CMPL). The four Sunni madhahib and the prevailing practice among Filipino Muslims uniformly hold:

A Muslim man may validly marry a kitābiyyah (Christian or Jewish woman) without requiring her conversion to Islam.
A Muslim man is prohibited from marrying a non-kitābiyyah (polytheist, atheist, agnostic, Buddhist, Hindu, etc.) unless she converts to Islam.
A Muslim woman may only marry a Muslim man. Marriage to a non-Muslim man is bāṭil (void ab initio) under Sharia and therefore under the CMPL.

These rules are so fundamental that no provision of the CMPL derogates them, and all Sharia courts in the Philippines uniformly enforce them.

Case 1: Non-Muslim Male Wishing to Marry a Muslim Female

Conversion to Islam is mandatory and non-negotiable.

The marriage will be void ab initio under Article 3 and Sharia principles if the groom remains non-Muslim.
Even if the parties contract a civil marriage under the Family Code, the marriage is valid under civil law but void under Muslim personal law. This creates severe legal consequences for the Muslim wife:
- She remains unmarried in the eyes of the Muslim community and Sharia courts.
- Any subsequent marriage to a Muslim man will be considered her first valid marriage.
- Children from the civil marriage with the non-Muslim are legitimate under the Family Code but may face inheritance complications in Sharia courts.
- The wife may be accused of zinā (fornication) by strict interpreters if cohabitation occurs.

Supreme Court has repeatedly affirmed that Muslims cannot circumvent the CMPL by resorting to civil marriage when the result violates Sharia (see Tamano v. Tamano, G.R. No. 31846, 14 June 1990, and subsequent cases).

Procedure for Conversion (Standard Practice 2025)

The prospective groom appears before a Sharia counselor or the Bureau of Islamic Daw’ah and Guidance of the National Commission on Muslim Filipinos (NCMF).
He undergoes basic counseling (usually 1–3 sessions) on the meaning of the Shahada and basic obligations of a Muslim.
He pronounces the Shahada in Arabic and English before at least two Muslim male witnesses.
The NCMF issues a Certificate of Conversion to Islam (original + certified true copies).
In some regions (especially ARMM/BARMM), the Sharia District Court or the local Agama Arbitration Council may also issue its own certificate.

The conversion is irreversible for purposes of the marriage. Reversion to another religion after the marriage constitutes apostasy and automatically dissolves the marriage via faskh (judicial annulment) under Article 52(2) of the CMPL.

Case 2: Non-Muslim Female Wishing to Marry a Muslim Male

Sub-case 2A: The woman is a Christian or Jew (kitābiyyah)

Conversion is NOT required.

The marriage is valid under Article 3(1) CMPL even if the wife remains Christian or Jewish.
The marriage must still be solemnized in accordance with Muslim rites (Article 15 CMPL) by a proper solemnizing officer (Sharia judge, imam registered with the Sharia court, or wali in meritorious cases).
The wife retains full freedom of religion under Article III, Section 5 of the 1987 Constitution. No court or imam may compel her to convert.
Children are presumed Muslim (following the father), but the mother may raise them in her faith until the age of discernment (7–10 years) unless a contrary agreement is made.

This is the most common interfaith marriage in Mindanao and has been upheld in numerous Sharia court decisions.

Sub-case 2B: The woman is neither Christian nor Jewish (e.g., Buddhist, Hindu, atheist, agnostic, pagan, etc.)

Conversion to Islam is required.

Marriage to a mushrikah (polytheist) or atheist is prohibited by Qur’an 2:221 and 60:10.
All Philippine Sharia courts and the NCMF uniformly require conversion in such cases.
The conversion procedure is the same as for males (see above), but counseling is usually shorter and less rigorous.

Solemnization Requirements When One Party Converted for Marriage

Even after conversion, the following must be complied with:

The marriage must be celebrated according to Muslim rites (Article 15 CMPL). A purely civil ceremony is insufficient.
Mahr (dowry) must be stipulated and paid/promise (Article 34 CMPL).
If the bride is Muslim (whether born or convert), the consent of the wali is required if she is a virgin (Article 16(2) CMPL). The wali may not unreasonably withhold consent if the groom is morally upright and religiously observant.
The marriage must be registered with the Sharia Circuit Court within 30 days (Article 22 CMPL). The Certificate of Conversion must be attached to the application.

Registration and Civil Effects

Once registered with the Sharia Circuit Court, the marriage is transmitted to the Philippine Statistics Authority (PSA) and is fully recognized throughout the Philippines and in most Muslim countries.

A marriage that violates the conversion requirement is void ab initio and produces no civil effects under Muslim law (no presumption of legitimacy for children in Sharia inheritance proceedings, no spousal support rights under CMPL, etc.).

Current Practice (2020–2025)

The NCMF and all five Sharia District Courts (Cotabato, Marawi, Jolo, Bongao, Zamboanga) strictly enforce the conversion requirement for non-Muslim grooms marrying Muslim brides.
There has never been a recorded valid Muslim marriage in the Philippines between a Muslim woman and a permanently non-Muslim man.
For kitābiyyah wives, conversion remains optional, and thousands of such marriages exist without issue.

Conclusion

Under Philippine Sharia law as codified in the CMPL and applied by all Sharia courts and the Supreme Court:

A non-Muslim man who wishes to marry a Muslim woman must convert to Islam; there is no exception.
A Christian or Jewish woman who wishes to marry a Muslim man need not convert.
Any other non-Muslim woman must convert to Islam.

These rules are not discretionary; they are mandatory applications of Sharia principles that the Philippine legal system has recognized since 1977 as part of the State’s obligation to uphold religious freedom and cultural integrity for Filipino Muslims.