Bigamy dedicated by Muslim convert for getting 2nd matrimony

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Bigamy dedicated by Muslim convert for getting 2nd matrimony

My relative married his first spouse in Saudi Arabia at some point in 2001. During their vacation, in the same season, the guy partnered an other woman when you look at the Philippines. He has got started a Muslim convert since 1995. The rites in both marriages happened to be according to the religions of his spouses, that both non-Muslim. May the guy be prosecuted for bigamy due to this?

The actual situation of Atilano O. Nollora Jr. against. People of the Philippines (G.R. No. 191425, September 7, 2011) and post 349 of this Revised Penal laws demonstrably define the elements for the crime of bigamy:

“1. Your offender was legitimately married.

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2. your relationships hasn’t been lawfully dissolved or, in case his / her spouse try absent, the absent spouse couldn’t however be assumed lifeless in accordance with the Civil laws.

3. That he contracts the next or consequent relationship.

4. Your second or consequent wedding has actually all the essential requisites for quality.”

In such a case , written by Associate fairness Antonio Carpio, the Muslim convert had been adjudged guilty of the criminal activity of bigamy because:

“Article 13(2) in the Code of Muslim private rules claims that [i]n situation of a wedding between a Muslim and a non-Muslim, solemnized not relative to Muslim law or this code, the [family members signal associated with Philippines, or manager purchase 209, in lieu of the Civil Code on the Philippines] shall pertain. Nollora’s spiritual association is not a concern here. Neither could be the declare that Nollora’s marriages were solemnized according to Muslim rules. Hence, despite his professed faith, Nollora cannot claim exemption from accountability when it comes to criminal activity of bigamy.” [Emphasis furnished]

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Considering that the Supreme judge affirmed the trial court’s choice on the material, the latter’s wisdom in its decision try cited below for your records:

“The idea in Islam would be that monogamy will be the general tip and polygamy is actually enabled merely to satisfy immediate specifications. Only with the authorization for the courtroom can a Muslim become authorized having another spouse susceptible to certain needs. It is because having plurality of spouses is just accepted, perhaps not promoted, under specific circumstances (Muslim laws on individual reputation in the Philippines by Amer M. Bara-acal and Abdulmajid J. Astir, 1998 1st model, content 64-65). Arbitration is essential. Any Muslim husband desiring to contract following marriages, before very carrying out, shall tell the Sharia Circuit judge regarding the destination where their family members stays. The clerk of courtroom shall provide a duplicate thereof towards the girlfriend or wives. Should any of them objects [sic]; an Agama Arbitration Council will probably be constituted. If stated council does not protected the wife’s permission on the proposed wedding, the courtroom shall, at the mercy of Article 27, choose whether on [sic] never to sustain her objection (Art. 162, Muslim individual Laws of Philippines).

Implicated Atilano Nollora Jr., in marrying his second girlfriend, co-accused Rowena P. Geraldino, would not adhere to the above-mentioned supply of this law.

In fact, he would not also declare which he ended up being a Muslim convert in marriages, showing his violent purpose. Inside the converting on the Muslim belief, said accused captivated the mistaken notion that he can merely marry anyone once again after marrying the personal complainant. What’s obvious, for that reason, was [that] a Muslim is certainly not given an unbridled directly to just get married anybody the second, third or fourth time. There are specifications your Sharia legislation imposes, which, the guy need to have notified the Sharia Court in which his families lives to make certain that content of stated notice should always be furnished on the basic spouse. The argument that observe towards earliest partner is not needed since she actually is not a Muslim are of no time. This responsibility to tell the said legal sits upon implicated Atilano Nollora Jr. It’s not for your to translate the Sharia legislation. It Will Be The Sharia Legal that features this authority.” [Emphasis provided, citations omitted.]

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Verily, your cousin’s mere are a Muslim change shall perhaps not entitle him to wed numerous spouses as he can. He has to conform to the above-requirements of law, first. First and foremost, since the guy couldn’t get married either of their two spouses inside appropriate Muslim ritual, the present Civil Law regarding question is applicable in the case. Their matrimony is recognized as illegal and bigamous. He may appropriately be prosecuted the criminal activity of bigamy.

Again, we find they essential to mention this particular advice try entirely on the basis of the basic facts you may have narrated and our admiration of the identical. The thoughts may vary whenever truth is altered or elaborated.

Hopefully that people managed to enlighten you regarding the situation.

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