may krpatan ba ang isang lalaking blik-islam na mgpksal sa iba khit na sya ay ksal sa dati nyang relihiyon?

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Permalink Reply by ibrahim on May 12, 2010 at 11:06am

wa alaykum salam sister,
alhamdulillah,
ang polygamy sa Islam ay ipinahintulot ni ALLAH sa mga muslim na kalalakihan dahil ito ay masmainam na solution sa problema ng ating society ngayon na masmaraming babae kaysa mga lalake. ito ay ating mababasa sa suratun Nisa 4:3 the english meaning "And if you fear that you shall not be able to deal justly with the orphan girls then marry women of your choice in two, or three, or four, but if you fear that you can't deal justly (between your wives) then marry only one or (the slaves) that your right hand possess. that is nearer to prevent you from doing injustice."
kaya malinaw na ipinahintulot ni ALLAH na maaring mag-asawa ulit ang isang muslim sa condition na kailangan ay maging makatarungan sa kaniyang mga asawa, ngunit kung nangamngamba siya na hindi siya maging makatarungan sa kanila ay mag-asawa ng isa na lamang.
itong pagiging makatarungan ay malawak ang kahulugan,na ang ibig sabihin ay ibigay ng isang muslim ang mga karapatan ng bawat asawa sa kaniya, sa financial, kasama dito ang pabahay, pananamit, pagkain, etc, sa oras, sa mabuting pakikitungo, at pagtulog sa gabi sa bahay ng mga asawa niya, at marami pang iba. ang buhay ni Prophet Muhammad, sallahllahu alyhi wa salam, ay magbibigay sa atin ng mabuting halimbawa paano gampanan na maging mkatarungan sa mga asawa, dahil ito ay ginawa na niya, at sinabi ni ALLAH sa suratul Ahzab 33:21 "laqad kana fi rassulillahi uswatun hasanah."- ang kahulugan," tunay na sa Sugo ni ALLAH ay mayroon kayong mabuting halimbawang susundin".
kaya hindi maaring pabayaan ang unang asawa ( o pangalawa kung may pangatlo o pangatlo kung may pangapat na), dahil malaking tungkulin at obligasyon ng isang muslim ang kaniyang mga asawa at mga pamilya.
itong polygamy para sa muslim na lalake ay hindi sapilitan o obligatory (hindi fard), ni hindi rin recommended or encouraged (hindi mustahab) kundi ipinahintulot o allowed (mubah) lamang kung mayroong dahilan. at ito ay halal , marangal at masmalinis kaysa gawing girl friend, kabit, o kalive-in o gawing prostitute ang mga kababaihan, na ito ang nangyayari at ginagawa ng mga hindi muslim na mga kalalakihan saan mang sulok ng mundo. kaya kung ating titingnan ang wisdom ng ating Dakilang Tagapaglikha kung bakit ang polygamy ay ipinahintulot Niya dahil ito ay maykabutihan sa lahat ng mga tao sa lahat ng panahon hanggang sa Araw ng Paghuhukom.
sabi pa nga ng ibang scholars, ay kung hindi ipinahintulot ni ALLAH ang polygamy sa mga kalalakihang muslim ay maraming mga kababaihan ang hindi mabubuhay ng marangal at kagalanggalang na pamumuhay kundi maging kahiyahiya sila, dahil marami sa kanila ang magiging public property na lamang( girlfriend,concubines,prostitutes,etc) na ito lahat ay ipinagbawal ni ALLAH dahil yan ay nakakasama sa mga kababaihan, wala silang karapatan, kahiyahiya sila, nagtatago, at nakakasama din sa mga kalalakihan, sa mga ibubungang mga bata, at sa lipunan.
kaya legal pa rin ang kasal ng mga balik islam sa mga asawa hanggang apat, habang nagagawa nila ang mga condisyon ng polygamy na maging makatarungan sa kanilang lahat. ang problema ay mangyayari kapag hindi maging makatarungan ang isang lalaking muslim, at ito ay malaking pananagutan niya kay ALLAH at sa mga asawa niya sa Araw ng Paghuhukom, na kahit dito pa lamang sa mundo ay mararamdaman na niya ang epekto nito sa buhay niya. ito ang Batas sa Pilipinas na sumasaklaw nito na nakabatay din sa suratun Nisa 4;3:

PRESIDENTIAL DECREE NO. 1083

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.

TITLE II
Marriage and Divorce

CHAPTER II
Marriage (Nikah)

Section 3. Subsequent Marriages.
Art. 27. By a husband. — Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases.

Art. 28. By widow. — No widow shall contract a subsequent marriage unless she has observed an 'idda of four months and ten days counted from the date of the death of her husband. If at that time the widow is pregnant, she may remarry within a reasonable time after delivery. In such case, she shall produce the corresponding death certificate.

Art. 29. By divorcee. — (1) No woman shall contract a subsequent marriage unless she has observed an 'idda of three monthly courses counted from the date of divorce. However, if she is pregnant at the time of the divorce, she may remarry only after delivery.
(2) Should a repudiated woman and her husband reconcile during her 'idda, he shall have a better right to take her back without need of a new marriage contract.
(3) Where it is indubitable that the marriage has not been consummated when the divorce was affected, no 'idda shall be required.

Art. 30. Marriage after three talaq. — (1) Where a wife has been thrice repudiated (talaq bain lubra) on three different occasions by her husband, he cannot remarry her unless she shall have married another person who divorces her after consummation of the intervening marriage and the expiration of the 'idda.
(2) No solemnizing officer shall perform the subsequent marriage mentioned in the preceding paragraph unless he has ascertained that there was no collusion among the parties.

naway nakapagbigay tayo ng kaunting kaliwanagan at si ALLAH ang Masnakakaalam, gabayan nawa tayo ni ALLAH, ameen. for more details and answers sister please visit: www.islamqa.com

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Permalink Reply by Jibreel on May 12, 2010 at 4:04pm

FURTHERMORE

PRESIDENTIAL DECREE No. 1083
A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES


TITLE VI
CIVIL REGISTRY
Chapter One
REGISTRY OF MARRIAGE, DIVORCE AND CONVERSIONS

Article 81. District Registrar. The Clerk of Court of the Shari' a District Court shall, in addition to his regular functions, act as District Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within the territorial jurisdiction of said court. The Clerk of Court of the Shari'a Circuit Court shall act as Circuit Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within his jurisdiction.

Article 82. Duties of District Registrar. Every District Registrar shall exercise supervision over Circuit Registrars in every Shari'a District. He shall, in addition to an entry book, keep and bind copies of certificates of Marriage, Divorce, Revocation of Divorce, and Conversion sent to him by the Circuit Registrars in separate general registers. He shall send copies in accordance with Act. No. 3753, as amended, to the office of the Civil Registrar-General.

Article 83. Duties of Circuit Registrar. Every Circuit Registrar shall:
(a) File every certificate of marriage (which shall specify the nature and amount of the dower agreed upon,) divorce or revocation of divorce and conversion and such other documents presented to him for registration;
(b) Compile said certificates monthly, prepare and send any information required of him by the District Registrar;
(c) Register conversions involving Islam;
(d) Issue certified transcripts or copies of any certificate or document registered upon payment of the required fees;
(e) Send to the District Registrar during the first ten days of each month a copy of the entries made during the previous month;
(f) Index the same for easy reference and identification in case any information is required; and
(g) Administer oaths, free of charge, for civil registry purposes.

Article 84. Cancellation or Correction of Entry. Any entry in the District or Circuit Register may, upon verified petition of any interested party, be corrected upon order of the Shari'a District Court, subject to the provisions of the Rules of Court. Every Registrar shall be civilly responsible for any unauthorized alteration made in the registry to any person suffering damage thereby. However, the Registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.

Article 85. Registration of revocation of divorce. Within seven days after the revocation of a divorce by ruju', the husband shall, with the wife's written consent, file a statement thereof with the Circuit Registrar in whose records that divorce was previously entered.

Article 86. Legal effects of registration. The books making up the registry of marriage, divorce, revocation of divorce, conversion, and all other documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. However, nothing herein provided shall affect the intrinsic validity or invalidity of the acts registered.

Article 87. Applicability of other civil registry law. To the extent not inconsistent with the provisions of this Code, the provisions of other registry laws governing other civil registrars shall be observed by district or circuit registrars.


TITLE V
PENAL PROVISIONS
Chapter One
RULE OF BIGAMY

Article 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person married in accordance with the provisions of this Code or, before its effectivity, under Muslim law.

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Permalink Reply by Abdul Salam on May 13, 2010 at 3:42pm

Assalamualaykum wa Rahmatullah wa Barakatuh! peace be with you sister,
Whereas it is valid for any Muslim male as an option to remarry any woman of his choice within the Islamic Standards. the question is the documentation? or the question of its validity under Phil Laws governing marriages. Let me share to you The Supreme Court opinion regarding your question,. please kindly click on the link , and i hope this will enlighten your mind., http://www.abs-cbnnews.com/views-and-analysis/05/19/09/converting-m...–-katrina-legarda
if the click does not work please read the article below:
Converting to Muslim and remarrying – Katrina Legarda

KAT’S EYE | KATRINA LEGARDA
Posted at 05/20/2009 12:16 AM | Updated as of 05/20/2009 12:16 AM

Next is a letter from a kababayan working in Saudi Arabia.

“To start with, I came here in Saudi Arabia since year 2006. Year after, my legal wife had an affair with other man (they're now living together and have 1 kid), thus, I took my 2 children. My sister is now looking after them. In Aug.2008, I converted to Muslim. In Nov.2008, I went home (Philippines) for a vacation and was able to talk to my legal wife and confirmed about what she did. In Dec.2008, I came back here to Saudi Arabia and met a Filipina woman who became my girlfriend. After a month, or in Mar.17, 2009, we decided to get married as Muslim (I was able to convince her to convert to Muslim). In this regard, I would like to know please if our marriage in Muslim valid and could be registered in NSO if in case I file in our country? What will happen to my first marriage, which is also registered in the NSO? Am I liable for any legal suits?”

Dear “Ahmed,”

I am afraid that there are certain things you need to do vis-à-vis your first wife. Because you converted to Muslim only to remarry, you are not covered by Presidential Decree No. 1083, the “Code of Muslim Personal Laws of the Philippines," which was promulgated in 1977. My reading of various Supreme Court decisions tell me that since your first marriage was celebrated under the Civil or Family Code, then you are governed by that law – not the Muslim Code.

In the case of Tamano, the Supreme Court said that the shari’a law is applicable only in marriages that are celebrated under Muslim laws. In that Tamano case, Mamintal Tamano married Zorayda in civil rites in 1958. A year before he died, he married a woman called Estrellita. Later, Tamano’s first wife sought to have the second marriage declared void for being bigamous. Zorayda said that Tamano and Estrellita misrepresented themselves as divorced and single, respectively, thus making the entries in the marriage contract false and fraudulent. She also said that Tamano never divorced Zorayda and that Estrellita was not single when she married Tamano as the decision annulling her previous marriage with Romeo C. Llave never became final and executory for non-compliance with publication requirements. The Supreme Court agreed with Zorayda, and the case for nullity of the second marriage was returned to the lower court for proceedings.

This means, Ahmed, that you need to find out whether you can divorce your first wife under the Muslim Code in Saudi Arabia. If not, you need to file a petition for the declaration of nullity of your first marriage. In either case, should you be successful, you will need to remarry your second wife to ensure its legality. I would not worry about any legal suits as both you and your first wife are “guilty”: your first wife, for adultery, and you, for bigamy and/or concubinage. A person who goes to court must do so with “clean hands.” Please go and see a lawyer: perhaps the Philippine Embassy in Saudi Arabia can refer one to you.

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Permalink Reply by rana penada on May 14, 2010 at 10:06pm

Salam ulaikum brothers!salamat po sa pgbigay nyo ng kasagutan sa tanong q.mejo confused lang po aq kz hindi po ba may sariling batas ang mga muslim na sinusunod(shari'ah),at ito pong mga batas na ito ay batay sa kautusan ng Allah(swt).so kung tayo po ay may sariling batas,does it mean na hindi na tayo covered or sakop ng batas na pinapairal sa ating gobyerno?ano po ba ang susundin ntin,yung batas ng shari'ah o batas ng civil court?salamat po sa karagdagang impormasyon na maise-share nyo sa mga katulad q na naghahanap ng kasagutan.

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Permalink Reply by Abdul Salam on May 17, 2010 at 11:07am

Alaykum Salam sister, so as far as the tripoli agreement is concern which is the basis for the creation of ARMM, eh hindi naman nito na execute ang Islamic Laws in its full force, i mean, as to the civil aspects meron, pero sa criminal justice system natin is bounded pa rin ng penal code and everything is still under the constitution of the republic of the philippines.
ok my opinion is, as a Muslim we really have to follow Shari'ah pero we have to consider that we, as a Filipino citizen are bounded by civil and other pertaining laws within the constitution na nagiging basis ng government for prosecution whether it is civil or criminal in nature.
Ang pagpapakasal o pag-aasawa ulit ng Isang Muslim sa ibang babae ay valid as far as the religious side is concern, i suggest na he has to indicate sa marriage contract niya ang first marriage niya para maging honest at magkaroon ng good faith ang second marriage,
i believe in such a way ay walang magiging basehan ang kahit na sino to sue him kasi the second marriage is done in good faith. and always remember that a Muslim is a person who practice religious faith inside Islam. and all religious practices is recognized and respected under the constitution. so polygamy in Islam is always and will always be recognized and respected by the government under the constitutional provisions of the separation of Church and State. sana Nsha ALLAH ay makatulong ang aking konting kaalaman sa iyong katanungan. pagpalain at gabayan tayo nawa ng ALLAH sa ating mga pagsasaliksik ng katotohanan sa landas ng Islam.
rana penada said:

Salam ulaikum brothers!salamat po sa pgbigay nyo ng kasagutan sa tanong q.mejo confused lang po aq kz hindi po ba may sariling batas ang mga muslim na sinusunod(shari'ah),at ito pong mga batas na ito ay batay sa kautusan ng Allah(swt).so kung tayo po ay may sariling batas,does it mean na hindi na tayo covered or sakop ng batas na pinapairal sa ating gobyerno?ano po ba ang susundin ntin,yung batas ng shari'ah o batas ng civil court?salamat po sa karagdagang impormasyon na maise-share nyo sa mga katulad q na naghahanap ng kasagutan.

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Permalink Reply by rana penada on May 17, 2010 at 9:34pm

again,salamat po sa inyong reply!now i can share something clear sa mga kptid ntin who were asking me about dis matter.salamat po uli at pagpalain kayo ng ALLAH sa pag-share nyo ng inyong nalalaman.

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Permalink Reply by ibrahim on May 19, 2010 at 6:06pm

assalamu alaykum to all,
alhamdulillah,
thanks to the further continuation of PD1083 as posted by Bro Madina.
as well as many thanks to Bro abdulSalam, for his sample case from Supreme court as given by Katrina Legarda. but if we analyze the case of Tamano, the Supreme Court ruling is very clear that: in case of Tamano, the Supreme Court said that the shari’a law is applicable only in marriages that are celebrated under Muslim laws. as we see
1. Tamano was not a muslim, either in his first or in his second marriage
2. Tamano and Estrellita( the second wife) misrepresented themselves as both are single( yet Estrellita was also previously married to Romeo C. Llave) in their marriage certificate.

so there is a clear bigamy to both Tamano and Estrellita, and Tamano's second marriage is not under Muslim Marriage, so the Supreme Court ruling is correct in his case.
but the case of Ahmed is different because his second marriage will be under Muslim Marriage as he is a Muslim already, so his second Marriage will be under PD1083 Muslim Marriage, Shari'ah. Article 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person married in accordance with the provisions of this Code or, before its effectivity, under Muslim law.

so in my opinion, Ahmed is covered by PD1083, and i agree with Bro AbdulSalam for Ahmed to honestly indicate his first marriage, that now this is the second marriage, so that there will be no misrepresentation and fraudulent information in his 2nd (and subsequent, if he wishes to) marriage contract.
sometimes, non-muslims interpret the rulings differently as they are not familiar with Muslim shari'ah and rulings, we can still consult Muslim lawyers and authorities in Shariah Courts and/ or in Office of Muslim Affairs for more information and sample cases, inshaALLAH.
Jazakumullahu khayrul jaza. may ALLAH continue to guide us all, ameen.

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