Legal Framework

In the Republic of the Philippines, the general rule under the Family Code (Executive Order No. 209, as amended) is that absolute divorce is not available to the majority of Filipinos. The only remedies for irreparably broken marriages are legal separation and annulment or declaration of nullity.

Muslim Filipinos, however, are expressly exempted from the Family Code in matters of personal status. They are governed by Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws of the Philippines (CMPL), promulgated on February 4, 1977, and still in full force and effect as of December 2025.

Article 13 of the CMPL provides:

“The provisions of this Code shall be applicable only to Muslims and shall govern, among others, marriage, divorce, paternity and filiation, support, custody and guardianship, property relations between spouses, and succession.”

Thus, any marriage contracted by two Muslims in accordance with Muslim law (whether in the Philippines or abroad, provided it is valid under the CMPL) is governed exclusively by the CMPL for purposes of dissolution.

Who May Avail of Sharia Divorce

Both spouses are Muslims at the time of the celebration of the marriage, or
A non-Muslim marries a Muslim under Muslim rite (Article 14, CMPL), or
Both parties to an existing civil marriage subsequently convert to Islam and petition the Sharia court to apply the CMPL retroactively to their marriage (long-standing jurisprudence: Bondagjy v. Bondagjy, G.R. No. 140817, December 7, 2001; Alonto v. Alonto, G.R. No. 235006, July 26, 2021).

Note: Mere conversion of one spouse to Islam does not automatically dissolve a pre-existing civil marriage. The non-converting spouse retains the right to file annulment or legal separation under the Family Code. However, the Muslim convert may file for faskh on the ground of difference of religion (Article 52[4], CMPL).

Competent Courts

Sharia District Courts (5 districts) and Sharia Circuit Courts (51 circuits) have exclusive original jurisdiction over divorce cases involving Muslims.

All divorces — whether by talaq, khul‘, tafwid, or faskh — must eventually be judicially confirmed or registered in the appropriate Sharia Circuit Court to be legally effective and registrable with the Philippine Statistics Authority (PSA).

Forms of Divorce Recognized under the CMPL

1. Talaq (Repudiation by the Husband) – Articles 45–51, CMPL

The most common form.

The husband has the unilateral right to pronounce talaq.
It may be raj‘i (revocable) or ba’in (irrevocable).
Procedure:
1. Husband executes a written “Certificate of Divorce by Talaq” (prescribed form by the Sharia court).
2. Within 7 days, he files it with the Sharia Circuit Court Clerk of Court of the place where the marriage was registered or where the wife resides.
3. The Clerk of Court (acting as Agama Arbitration Council member or Circuit Registrar) shall immediately summon the wife and attempt reconciliation for 30 days (cooling-off period).
4. If reconciliation fails, the Clerk issues a Certificate of Finality of Divorce.
5. The divorce is then registered. Only upon registration is the divorce legally effective.

A husband who pronounces talaq orally without following the registration procedure commits an administrative offense and the divorce is void until registered.

Three pronouncements of talaq in one sitting constitute only one revocable talaq (Article 50, CMPL).

2. Tafwid or Delegated Talaq (Article 54, CMPL)

The husband may delegate the right of talaq to the wife (talaq-i-tafwid) either in the marriage contract (permanent delegation) or later in writing (special power).

Once delegated, the wife may pronounce talaq upon herself following the same registration procedure as ordinary talaq.

3. Khul‘ or Mubara’a (Divorce by Redemption/Mutual Consent) – Article 53, CMPL

The wife initiates by offering compensation (usually return of the mahr/dowry) in exchange for her freedom.

Procedure:

Wife files a Petition for Khul‘ with the Sharia Circuit Court.
Court attempts reconciliation (maximum 3 sessions over 90 days).
If husband agrees and accepts the compensation, the court issues a Decree of Khul‘.
If husband refuses but the court finds the marriage irreparably broken, it may still grant khul‘ and fix reasonable compensation.

4. Faskh (Judicial Dissolution) – Articles 52, 55–57, CMPL

This is the equivalent of annulment/divorce decree granted by the court at the instance of the wife (or, in rare cases, the husband).

Grounds (Article 52):

Neglect or failure of the husband to provide support for at least six months;
Conviction of husband by final judgment sentencing him to imprisonment for at least seven years;
Impotence of the husband continuing for three years;
Insanity or affliction of the husband with an incurable disease;
Cruelty of the husband (physical violence, moral pressure, drug addiction, homosexuality, forcing wife to prostitution, etc.);
Difference of religion (if one spouse converts to Islam and the other refuses);
Customary practices constituting grounds under Muslim law (e.g., husband’s prolonged absence without just cause for one year);
Any other cause recognized under Muslim law as valid ground for faskh.

Procedure:

Wife files verified Petition for Faskh with the Sharia Circuit Court.
Summons to husband.
Mandatory reconciliation period (up to 90 days).
Trial on the merits.
Judgment of Faskh if ground is proven.

5. Li‘an (Imprecation) – Article 58, CMPL

When the husband accuses the wife of adultery without four witnesses, and the wife denies it under oath, the marriage is dissolved.

6. Ila and Zihar (Vow of Continence or Injurious Assimilation) – Articles 59–60, CMPL

Rarely used today.

Mandatory Reconciliation and Cooling-Off Periods

Every divorce case (except pure mutual consent khul‘ already agreed upon) undergoes mandatory conciliation before the Agama Arbitration Council or the Clerk of Court. Failure to exhaust conciliation renders any divorce void.

Effects of Divorce

‘Iddah (Waiting Period)
- Three menstrual cycles for menstruating women, or three lunar months if non-menstruating, or until delivery if pregnant (Article 62).
- Wife is entitled to full support and residence during ‘iddah unless divorce was due to her fault.
Mut‘a (Consolatory Gift)
- Husband must give a gift to the divorced wife (except when divorce is due to wife’s fault) – Article 65.
Custody of Children (Hizanah)
- Female child: mother until marriage
- Male child: mother until puberty (7 years and 7 months), then father
- Court may modify based on best interest (Article 78, as amended by RA 11599, 2021).
Property Relations
- Governed by the marriage settlement; absent stipulation, complete separation of property (Article 38).
- Dowry (mahr) belongs exclusively to the wife.

Registration and Civil Effects

All divorces must be registered with:

Sharia Circuit Court
Local Civil Registrar (Muslim Marriages and Divorces)
Philippine Statistics Authority

Only a PSA-annotated Certificate of Marriage showing “Divorced under Muslim Law” is conclusive proof of civil status. Divorced Muslims may validly remarry immediately after ‘iddah (or without ‘iddah in ba’in divorces).

Remarriage After Third Talaq

If the same spouses divorce three times, remarriage between them is prohibited unless the wife consummates a valid marriage with another man and that marriage is subsequently dissolved (halala) – Article 67, CMPL.

Practical Notes as of 2025

The Supreme Court has consistently upheld the validity of Sharia divorces even when one or both parties converted to Islam primarily to avail of divorce (Tamano v. Ortiz, G.R. No. 126603, June 29, 1998; Alonto v. Alonto, supra).
Sharia courts remain significantly faster and less expensive than Family Courts handling annulment cases.
RA 11599 (2021) expanded women’s rights in custody and support and clarified that faskh may also be availed by husbands on limited grounds.

Muslim Filipinos therefore enjoy the only legally recognized absolute divorce regime in the Philippines as of December 2025, while the proposed Absolute Divorce Act remains pending in Congress and has not yet been enacted into law.