Recognition of Muslim Divorce
Presidential Decree No. 793, issued on September 4, 1975, recognizes Muslim divorce in the Philippines, particularly for Muslims residing in non-Christian provinces. This decree addresses the legal complexities arising from the expiration of Republic Act No. 394, which previously allowed for the recognition of Muslim divorces until June 18, 1969. By permitting the continued validity of Muslim divorce practices, the decree aims to uphold cultural traditions and promote national unification. The decree takes effect retroactively from June 19, 1969, ensuring that Muslim divorces are governed by their customs and practices.
Law Information
- Reference Number
- Presidential Decree No. 793
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Presidential Decrees
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 4, 1975
PRESIDENTIAL DECREE NO. 793
PROVIDING FOR THE RECOGNITION OF MUSLIM DIVORCE
WHEREAS, the twenty-year period fixed in Republic Act No. 394 within which divorces among Muslims residing in non-Christian provinces in accordance with Muslim customs and practices shall be recognized expired on June 18, 1969; cd
WHEREAS, since Muslim divorce is deeply imbedded in Muslim culture and as Muslims have taken for granted the continuity of the period of effectivity of Republic Act No. 394, the practice of obtaining Muslim divorces has gone on uninterruptedly in Muslim areas;
WHEREAS, the Civil Code which does not recognize absolute divorce has become applicable to Muslim marriages upon the expiration of the period fixed in Republic Act No. 394 and this could generate complicated legal problems for the Muslim people and thus serve to undermine their faith in the Government's sincerity to bring about meaningful reforms for their welfare and common good;
WHEREAS, in the interest of national unification, it therefore becomes imperative that Muslim divorce be given continued legal sanction.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree:
SECTION 1. Divorce among Muslims residing in non-Christian provinces shall be recognized and be governed by Muslim customs and practices. casia
SECTION 2. This Decree shall take effect as of June 19, 1969.
DONE in the City of Manila, this 4th day of September, in the year of Our Lord, Nineteen Hundred and Seventy-Five.
Cite This Law
Recognition of Muslim Divorce, Presidential Decree No. 793, Sep 4, 1975 (Philippines)
Recognition of Muslim Divorce, Presidential Decree No. 793 (Phil. 1975)
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