Sharia Divorce in the Philippines: Can Only the Husband Convert to Islam to Dissolve a Civil Marriage?

I. Introduction

The Philippines remains one of the few jurisdictions in the world (together with the Vatican) that does not recognize absolute divorce for the general population. Civil marriages celebrated under the Family Code of the Philippines (Executive Order No. 209, as amended) can only be dissolved by annulment, declaration of nullity, or legal separation — none of which completely severs the marital bond in the same way as divorce.

For Filipino Muslims and non-Muslims who subsequently convert to Islam, however, an entirely different regime applies: the Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083, enacted 1977), commonly called the Muslim Personal Law or CMPL. Articles 45–59 of the CMPL recognize several Islamic modes of dissolution of marriage, the most commonly invoked of which is talaq (repudiation by the husband).

This has given rise to the popular practice colloquially known as “Sharia divorce” or “Islamic divorce,” in which one or both parties convert to Islam, place themselves under the jurisdiction of the Sharia Circuit Court, and obtain a judicial decree confirming the talaq or faskh (judicial dissolution). The key question that has preoccupied courts, scholars, and couples for decades is:

If a marriage was originally celebrated as a civil (non-Muslim) marriage, is it permissible for only the husband to convert to Islam and thereafter pronounce talaq to dissolve that marriage, or must both parties convert?

II. Legal Framework

A. Exclusive Application of the Muslim Personal Law to Muslims

Article 13 of P.D. 1083 provides:

(1) The provisions of this Code shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage was solemnized in accordance with Muslim law or this Code in any part of the Philippines. (2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Family Code of the Philippines shall apply.

Paragraph (1) is the crucial provision. It is universally interpreted to mean that the CMPL governs divorce when at least the husband is a Muslim, regardless of whether the wife is Muslim or not, and regardless of how the marriage was originally celebrated.

B. Retroactive Application to Existing Civil Marriages Upon Conversion

The Supreme Court has repeatedly ruled that conversion to Islam by one or both spouses brings the marriage under the operation of the Muslim Code, even if the marriage was originally a civil or Christian rite marriage.

Landmark cases:

• Zamoranos v. People (G.R. No. 193902, 13 June 2011)
• Racho v. Tanaka (G.R. No. 199515, 25 June 2018)
• Ampatuan v. Judge Casar (G.R. No. 225226, 11 July 2018, ponencia of J. Leonen)

In Racho v. Tanaka, the Court explicitly declared:

“When the husband converts to Islam and the wife remains a non-Muslim, the marriage becomes a mixed marriage governed by the Code of Muslim Personal Laws with respect to dissolution.”

III. The “Husband-Only Conversion” Practice

Because of the wording of Article 13(1) and the jurisprudence above, the following procedure has become standard and judicially accepted throughout the country:

1. The husband executes a Certificate of Conversion to Islam before a Sharia Circuit Court judge or a recognized Islamic authority (usually the National Commission on Muslim Filipinos Muslim or a provincial Muslim affairs office).
2. The husband files a Petition for Confirmation of Talaq (or simply “Petition to Dissolve Marriage under P.D. 1083”) before the nearest Sharia Circuit Court.
3. The husband attaches:
   • Certificate of Conversion
   • Original or certified true copy of the civil marriage certificate
   • Affidavit of Talaq (stating that he has pronounced talaq one, two, or three times)
   • Proof of payment of iddah support (if the wife is pregnant or of childbearing age)
4. The Sharia Circuit Court issues summons to the wife (who may or may not appear).
5. After the waiting period (iddah) of three months and ten days, the court issues a Decree of Confirmation of Talaq, which severs the marriage with finality.
6. The Decree is registered with the Local Civil Registrar and with the Philippine Statistics Authority. From that moment, both parties are free to remarry (the husband under either Muslim or civil law; the non-Muslim wife under civil law once absolute divorce is recognized or through annulment).

This procedure is available even if the wife vehemently opposes the divorce and remains a Catholic or of any other faith.

IV. Can the Wife Alone Convert and Obtain Faskh?

No. The Supreme Court has consistently held that if only the wife converts to Islam while the husband remains non-Muslim, the marriage continues to be governed exclusively by the Family Code. The wife cannot avail herself of faskh or any other Sharia mode of dissolution, because Article 13(1) requires that at least the male party be Muslim for the CMPL to apply to dissolution.

Cases:

• Alonto v. Alonto (A.M. No. SCC-00-1, 2001)
• Tomawis v. Tomawis (G.R. No. 227717, 2020, per curiam)

Thus, a wife who converts alone is left with the ordinary remedies under the Family Code: annulment, nullity, or legal separation.

V. Constitutionality and Equal Protection Challenges

The “husband-only” rule has been challenged on several occasions challenged as violative of the equal protection clause and of the constitutional policy of gender equality (Art. II, Sec. 14, 1987 Constitution).

The Supreme Court has invariably upheld the constitutionality of Article 13(1) of P.D. 1083 on the following grounds:

1. Muslims are considered a special class for purposes of personal and family relations (reasonable classification).
2. The provision is rooted in Islamic law, which Congress validly incorporated into Philippine law.
3. The State is mandated by the Constitution (Art. X, Sec. 18 and Art. XIV, Sec. 3(3)) to respect the religious freedom of Muslims and to enact a separate personal law for them.

See particularly the discussion in Racho v. Tanaka (2018) and the separate opinion of Justice Marvic Leonen in Ampatuan (2018).

VI. Practical Consequences and Criticisms

• A civil marriage that has lasted decades can be dissolved unilaterally by the husband in a matter of months simply by converting to Islam.
• The wife retains her property rights under the Family Code (conjugal or absolute community regime), but she has no equivalent unilateral right.
• Children remain legitimate; custody is determined under Article 78 of the Muslim Code (mother normally gets custody of young children).
• The practice is criticized by women’s rights groups as institutionalized gender discrimination and as encouraging “conversion of convenience.”
• Some Sharia Circuit judges have begun requiring proof that the conversion is sincere (attendance at Islamic classes, testimony of an imam), but this is not uniformly applied and has no explicit basis in P.D. 1083.

VII. Conclusion

Under current Philippine law and jurisprudence, yes — only the husband needs to convert to Islam to avail himself of talaq and dissolve a previously civil marriage. The wife cannot achieve the same result by converting alone. The rule is firmly entrenched in Article 13(1) of the Code of Muslim Personal Laws and has been repeatedly upheld by the Supreme Court as a valid exercise of religious freedom and cultural autonomy for Filipino Muslims.

Until Congress amends P.D. 1083 or the Supreme Court reverses its long line of precedents (both highly unlikely in the near future), the “husband-only conversion” route remains the only form of quick, inexpensive, and unilateral dissolution of marriage available in the Philippines outside of annulment or nullity proceedings.