Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083)

This set covers key vocabulary, definitions, legal terms, and concepts from the Code of Muslim Personal Laws (PD 1083), including marriage, divorce, succession, and Shari'a court structures.

Presidential Decree No. 1083

The decree ordained and promulgated by Ferdinand E. Marcos on February $4$, $1977$, known as the "Code of Muslim Personal Laws of the Philippines."

'Ada

Customary law that is not embodied in the Code but may be proven in evidence as a fact, provided it is not contrary to the Constitution, public order, or public policy.

Agama Arbitration Council

A body composed of a Chairman and a representative from each party involved in a conflict, constituted to take necessary steps for resolving disputes.

Ihram

The state of ritual consecration of a person while on a pilgrimage to Mecca.

Madhhab

Any of the four orthodox (Sunni) schools of Muslim law: the Hanfi, the Hanbali, the Maliki, and the Shafi'i.

Muslim

A person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam.

Shari'a (Muslim Law)

All the ordinances and regulations governing Muslims found principally in the Qur'an and the Hadith.

Juridical capacity

The fitness to be the subject of legal relations, which is inherent in every natural person and lost only through death.

Capacity to act

The power to do acts with legal effect, which is acquired and may be lost through circumstances like age, insanity, or imbecility.

Ijab and Qabul

The offer (ijab) and acceptance (qabul) in a marriage contract, which must be duly witnessed by at least $2$ competent persons.

Wali

The proper guardian in marriage whose consent is an essential requisite for the perfection of a marriage contract.

Mahr

The customary dower stipulated in a marriage contract, which can be fixed (mahr-musamma) or determined by the court (mahr-mithl).

Tahrim bin-nasab

Prohibition of marriage by reason of consanguinity, including ascendants, descendants, and siblings.

Tahrim-bill-musahara

Prohibition of marriage by reason of affinity, such as between a stepfather and stepdaughter after the marriage to the mother has been consummated.

Tahrim-bir-rada'a

Prohibition of marriage due to fosterage, applying to any woman who breastfed a person at least $5$ times within $2$ years after birth.

'Idda

The prescribed period of waiting for a woman after the dissolution of marriage by death or divorce before she can contract a new marriage.

Talaq bain lubra

A divorce where a wife has been thrice repudiated on $3$ different occasions by her husband, making remarrying him impossible without an intervening marriage.

Batil marriages

Marriages that are void from the beginning, such as those contracted within prohibited degrees of consanguinity or affinity.

Fasid marriages

Irregular marriages from their performance, such as those contracted while a female is observing 'idda or during a state of ihram.

Regime of complete separation of property

The default property relation between spouses under the Code in the absence of a written marriage settlement.

Talaq

The formal dissolution of the marriage bond through repudiation of the wife by the husband.

Ila

A form of divorce where the husband makes a vow to abstain from carnal relations with his wife for a period of not less than $4$ months.

Zihar

A form of divorce where the husband injuriously assimilates his wife to any of his relatives within the prohibited degrees of marriage.

Li'an

Acts of imprecation performed after a husband accuses his wife of adultery in court, leading to a decree of perpetual divorce.

Khul'

Redemption by the wife from the marriage bond after offering to return her dower or pay other lawful consideration.

Tafwid

The exercise by the wife of the delegated right to effect a repudiation (talaq).

Faskh

Divorce by judicial decree, which can be petitioned by the wife on grounds such as neglect, imprisonment for at least $1$ year, or unusual cruelty.

Igra

Acknowledgment of a child by the father, which establishes paternity and confers mutual rights of inheritance.

Nafaqa

Support that includes indispensable needs for sustenance, dwelling, clothing, medical attendance, and education.

Mirath

Inheritance, including all movable or immovable property and transmissible rights and obligations of a person at the time of death.

Ashab-ul-furud

Sharers in succession who are entitled to fixed shares of the hereditary estate.

Wasiya

A will, which is a declaration permitting a person to control the disposition of not more than $\frac{1}{3}$ of his estate after death if there are heirs.

Jurisconsult in Islamic law

An office created to render legal opinions based on recognized authorities regarding questions of Muslim Law.

'Amun Jadid

The legal Muslim holiday for the New Year, falling on the first day of the first lunar month of Muharram.

Maulid-un-Nabi

The legal Muslim holiday for the Birthday of the Prophet Muhammad, falling on the $12^{ ext{th}}$ day of the third lunar month of Rabi-ul-Awwal.

'Id-ul-Fitr

The legal Muslim holiday (Hari Raya Pausa) commemorating the end of the fasting season, falling on the first day of the $10^{ ext{th}}$ lunar month of Shawwal.