Under Philippine law, the dissolution of marriage for Muslims is governed primarily by Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws of the Philippines (CMPL). While the Family Code governs civil marriages, the CMPL provides a distinct legal framework that recognizes Shari'ah courts and the specific modes of divorce (Talaq and Fasl) available to Muslim citizens.

Jurisdictional Scope

For the Shari'ah courts to have jurisdiction over a divorce, the following conditions must generally apply:

Religion: Both parties must be Muslims, or the male party was a Muslim at the time of the marriage and the marriage was solemnized in accordance with Muslim law.
Place of Marriage: Marriages performed under Muslim rites are governed by the CMPL regardless of where they were celebrated within the Philippines.

Modes of Dissolution of Marriage

The CMPL recognizes several types of divorce, each with specific requirements and procedural nuances:

1. Talaq (Divorce by the Husband)

A husband may effect a divorce by pronouncing "Talaq." Under the Code, this is typically a repudiation of the marriage by the husband.

Requirements: The husband must file a written notice of such pronouncement with the Shari'ah Circuit Court of the municipality where the family resides.
Arbitration: Upon receipt of the notice, the Court will constitute an Agama Arbitration Council. This council attempts to reconcile the couple before the divorce is finalized.

2. Tafwid (Delegated Divorce)

The husband may delegate his right to pronounce Talaq to the wife. This must be stipulated in the marriage contract (Kabit-an) or agreed upon at a later time.

3. Khul' (Divorce by Redemption)

A wife may seek a divorce by returning the dower (Mahr) or offering other valuable consideration to the husband for the release of the marriage bond.

Requirement: This usually requires the husband's consent. If he refuses, the matter may be brought to the Shari'ah court for arbitration.

4. Fasl (Judicial Decree of Divorce)

A wife may petition the Shari'ah Court to decree a divorce based on specific legal grounds, including:

Neglect: Failure of the husband to provide support for at least six consecutive months.
Imprisonment: Conviction of the husband by final judgment to at least one year of imprisonment.
Absence: Failure of the husband to perform marital obligations for six months without reasonable cause.
Impotency: If the husband is found to be impotent and remains so.
Cruelty: Habitual assault, maltreatment, or forcing the wife into an immoral life.

5. Mubadalah (Mutual Consent)

A dissolution of marriage by common agreement between the spouses.

6. Li'an (Mutual Imprecation)

This occurs when the husband accuses the wife of adultery without four witnesses, and the wife denies the accusation under oath. This leads to a permanent dissolution of the marriage by the court.

Procedural Requirements for Filing

To formalize a divorce under Shari'ah law in the Philippines, the following steps are mandatory:

Filing of Petition/Notice: The party seeking divorce must file the appropriate petition (for Fasl) or notice (for Talaq) with the Shari'ah Circuit Court.
The Agama Arbitration Council: The Shari'ah Clerk of Court will facilitate the creation of this council, which consists of a Chairman (the Clerk or a representative) and one representative from each spouse. The goal is to seek a "fair settlement" or reconciliation.
The Idda (Waiting Period): A divorce does not immediately sever all legal ties. The wife must observe the Idda, a period (usually three monthly courses or, if pregnant, until delivery) during which she cannot remarry. This period serves to determine pregnancy and provide a window for possible reconciliation.
Registration: Once the divorce is finalized and the Idda has elapsed, the Shari'ah Court issues a decree. This decree must be registered with the Shari'ah District/Circuit Registrar and the Philippine Statistics Authority (PSA) to be reflected in civil records.

Legal Effects of Shari'ah Divorce

Remarriage: After the expiration of the Idda, the parties are free to remarry.
Custody of Children: Generally, the CMPL favors the mother for the custody of young children (Hadhana), but the ultimate decision rests on the "best interest of the child," as determined by the court.
Support (Nafaqa): The husband is obligated to support the wife during the Idda period. Future support for children remains a mandatory obligation of the father.
Dower (Mahr): Depending on the type of divorce and who initiated it, the unpaid portion of the dower may become immediately due, or the wife may be required to return it.

Important Distinctions

Unlike the Civil Code of the Philippines, which currently only allows for "Legal Separation" or "Annulment" (except for specific cases involving foreigners), the CMPL explicitly recognizes absolute divorce. This allows Muslim Filipinos a legal path to end a marriage and remarry that is not available to non-Muslim Filipinos under the current civil regime.