Sino ang legal na asawa kapag nagpakasal sa katoliko at nagpakasal ulit sa Islam? Married twice

anonymous
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Kapag po ba ang isang katolikong Filipino, OFW, na may asawa sa pilipinas, ay nag convert to Islam at nagpakasal sa isang muslim na babae sa Muslim country, alin pong kasal ang valid? Yung kasal nung katoliko pa sya o ung kasal ng nagconvert na sya sa muslim? Sino ang legal na asawa?



 

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Rhoda Marticio
is a Respiratory Therapist in Saudi Arabia
Up gusto ko rin po malaman sagot dito,tnx!
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Ganito kasi iyon. May dalawang batas na applicable dito. Ang regular laws natin, ang FAmily Code at ang Shari'ah law. Kung ang babae ay ikinasal sa ilalim ng Catholic rites at silang mag-asawa ay parehong katoliko, the Catholic woman is the legal spouse.

But if the man converts to Islam and contracts a second marriage, provided he fulfills the requisites under Shari'ah law (kailangan kasi, may consent ang first wife, kailangan may proof na kayang buhayin ng lalaki ang dalawang asawa, dalawang pamilya, at kailangan yatang Muslim din ang babaeng magpapakasal sa pangalawa), the second wife is still a legal spouse under Shari'ah law.

I wish I can have a better answer for you. But there it is, there are two laws in effect in the Philippines. One law for Muslims and one law for non-Muslims. If a non-Muslim converts to Islam, his marriage under the Family Code cannot be invalided by his subsequent marriage under Shari'ah.

And I do not know if you can ask the court to have your marriage annulled on the basis that your husband has taken a second wife and a new religion. I don't think this is possible.

(Yet another reason why I think divorce should be legalized in the Philippines). Ginagamit ang conversion to Islam as a convenient way of getting out of a Catholic marriage. It does a disservice to both Catholicism and Islam, if you ask me, kasi, ginagamit lang nila ang mga batas at relihiyon for their convenience.

The best thing is to ask a lawyer who practices under Shari'ah law.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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