Changing to Islam to marry a second husband or spouse is bigamy

Changing to Islam to marry a second husband or spouse is bigamy

Metro Manila (CNN Philippines, March 23) – A particular person who converts to Islam after

Metro Manila (CNN Philippines, March 23) – A particular person who converts to Islam after which contracts a second relationship when the prior a single stays legally in impact shall be accused of bigamy, based on the Supreme Court docket.

In a call penned by Affiliate Justice Marvic Leonen and launched on Monday, the court docket defined conversion to Islam on this state of affairs doesn’t exempt an individual from authorized obligation.

“A get collectively to a civil marriage who converts to Islam and contracts yet another relationship, whatever the very first marriage’s subsistence, is accountable of bigamy. Additionally accountable is the spouse or husband within the subsequent relationship,” the decision undergo.

The upper court docket was affirming a Courtroom of Appeals (CA) ruling in 2015 the place a pair married beneath Muslim regulation skilled been recognized accountable of bigamy. This crime carries a penalty of imprisonment of as much as 12 years.

The few in downside – who turned to the Supreme Court docket docket to assail the CA choice – admitted they obtained married in 2005 even when the person’s relationship to his 1st spouse had nevertheless to be lawfully dissolved.

The petitioners claimed they may not be penalized for bigamy as they reworked to Islam previous to their relationship. They argued that the Muslim Code – and never the standard regulation, or the Civil Code – applies of their state of affairs.

However the Supreme Courtroom identified that whereas Islamic legislation permits polygyny, it solely does so in “extraordinary conditions,” in particular person, if the Muslim grownup males “can supply with [their wives] with equal companionship and simply remedy.”

It added that the Muslim Code will not be relevant within the claimed state of affairs provided that the preliminary spouse is a non-Muslim.

“Article 13(2) of the Muslim Code explicitly spells out that the Civil Code governs marriages the place both celebration is non-Muslim and which have been not solemnized in Muslim rites. There isn’t any battle with regular legislation proper right here,” it wrote.

In its 17-web web page choice, the upper court docket docket additionally noticed the “modern” however “unlawful” comply with within the nation during which males convert to Islam as totally different to divorce.

“Conversion to Islam to remarry and circumvent the laws on bigamy generates lawful tensions because it exploits the protective mantle of spiritual liberty beneath the Construction,” the courtroom said.

“This Court docket docket have to not condone methods which circumvent laws within the guise of preserving tradition,” it included.