"Convert now, divorce tomorrow" scheme, mahigpit na binabantayan ng NCMF
"Convert now, divorce tomorrow" scheme, mahigpit na binabantayan ng NCMF
Category
🗞
NewsTranscript
00:00 From the wedding, we're talking about divorce.
00:03 Yes, it's alarming because we know that divorce is one of the most important issues in the Philippines.
00:09 This is considered a taboo topic and it's alarming now because some are abusing the ways of how to legally divorce in the country.
00:20 Just like changing religion.
00:23 If that's the case, to explain to us about the Convert Now Divorce Tomorrow Scheme, which is really a big issue.
00:31 We will be joined by the TRIA Counselor-at-Law, Atty. Juhayra Tatlan.
00:35 Atty., good morning to you. Welcome to Rise and Shine Philippines.
00:38 Hello, good morning.
00:39 Good morning, Atty. Juhayra.
00:40 What is the process of converting a Filipino to Islam?
00:44 Well, first, they have to take Shahada. They have to testify that they want to profess Islam.
00:53 And after the Shahada, they are going to register it before the Sharia courts.
00:58 Because the registration of conversion to Islam, according to the law, it will serve as prima facie proof that such person really professes Islam.
01:08 Atty., can you explain to us what is divorce in Islam?
01:13 Yes, this divorce is defined under the law and under Islamic law.
01:18 It is a form of dissolution of marriage.
01:20 It will only be granted after exhaustion of all possible means of reconciliation.
01:26 Meaning, it is only allowed if there is no other way to save the marriage.
01:32 It will cause negative effects to the family if the marriage is still being pursued.
01:38 Atty., who can exercise these rights in the Philippines?
01:43 Okay, it is stated in Article 13 of Presidential Decree 1983 that when availing of divorce,
01:51 first, both parties are Muslims and they are solemnized in accordance with the Muslim law.
01:57 Second, the male party is a Muslim and the other party is a non-Muslim.
02:05 However, their marriage must be solemnized in accordance with the Muslim law.
02:10 Because if they are married under civil law, they cannot avail of divorce.
02:16 It is a form of dissolution of their marriage.
02:18 In addition to that, because we are relating it to our brothers who returned to Islam,
02:25 the Presidential Decree 1983 can also be enjoyed by our brothers who returned to Islam or the so-called Muslim converts.
02:36 But there are certain requirements under the law that must be followed.
02:40 Okay, well, let's talk about the Convert Now Divorce Tomorrow Scheme.
02:45 It is a matter of concern and it is a reminder because religions are being used to legally divorce.
02:52 This is not right.
02:55 What should our practicing lawyers consider about this?
03:01 Yes, definitely.
03:03 This Convert Now Divorce Tomorrow issue is one of the prevailing issues now.
03:09 Because there are practicing lawyers or Sharia Councilors who are promoting this scheme.
03:17 Even if you are married under civil rights, you can dissolve your marriage through divorce under Sharia law.
03:27 But under the law, both in religious and legal perspective, this law is totally disrespectful and sacrilegious.
03:37 Because a person cannot just convert for purposes of availing the right to divorce.
03:45 Yes, because it totally disrespects the sanctity of marriage and the sanctity of family as recognized under the law.
03:54 But the time they were married, Atty., just to be clear about this,
03:58 the time when she was not yet a Muslim, before she became a Muslim, when she got married, they were legally married.
04:05 Then when they converted to Islam, will she also be included in the concept of Muslim rights?
04:11 This is also what we need to clarify.
04:15 Some people thought that this is one of the misconceptions that right after you converted to Islam,
04:20 you can divorce, you can have a subsequent marriage.
04:23 But this is a wrong question.
04:25 In fact, only recently, in 2021, the Supreme Court has an existing jurisprudence in the case of Malaki v. People,
04:33 where the Supreme Court itself said that if your marriage is under civil rights,
04:39 if you are to dissolve your marriage, it must be under civil rights.
04:44 We will return to the application of the law, Article 13.
04:49 In the case of Muslim converts, if they want to govern their marriage under Islamic law,
04:54 first, they have to get married then.
04:57 Yes.
04:58 No, if both spouses are married under civil rights, they have to convert into Islamic rights.
05:05 They are the same.
05:06 Yes, they have to register their marriage and they have to file a petition before the court
05:11 that they want to govern their marriage under Islamic law.
05:13 But it should not be overused or it should not be used by Muslim converts
05:18 that they will just convert and they can divorce because definitely, it is sanctioned under the law.
05:24 It is prohibited.
05:25 Okay.
05:26 There was a case where a woman was accused. Is that right?
05:29 Yes.
05:30 Can you tell us about that case?
05:31 There are various cases when it comes to these things.
05:34 We have some colleagues who are mostly Filipinos who, after conversion,
05:39 they had a subsequent marriage without first nullifying the first marriage under civil rights.
05:46 Okay.
05:47 So definitely, they were accused of being a bigamy.
05:49 Although, under Islamic law, religion is a valid defense to perform subsequent marriage
05:59 or to enjoy the right to divorce.
06:02 But under the law also, it is clearly stated that if you want to subsequently marry,
06:10 and if you want to practice polygamy,
06:14 you should be sure that you will annul or dissolve your civil wedding first.
06:21 Okay.
06:22 Not through divorce.
06:23 Yes, because that is the only thing for us,
06:27 the ones who will get married, their available options are actually annulment.
06:32 Annulment only.
06:33 Yes.
06:34 Dissolution of marriage.
06:35 Well, attorney, what is the possibility of being a punishment for those who do this?
06:41 And also for the practicing lawyers or Sharia counselors who promote this kind of scheme?
06:46 Yes.
06:47 This is scary because definitely, they will be subject to criminal prosecution.
06:53 Okay.
06:54 For those practicing lawyers or Sharia counselors who are promoting this type of scheme,
07:00 which is totally against the law and against Islamic religion,
07:05 they may be liable for estafa, falsification of public documents, and dissertation of authority, among others.
07:14 Okay, attorney, I will just ask you.
07:15 What is the case that you handled thus far?
07:20 That which you say it's the worst case that you handled.
07:24 Actually, this is also a current problem now in our civil registrars.
07:32 Because there was an inquiry from civil registrar somewhere in Mindanao,
07:41 I will not mention the place, specific place,
07:44 that he registered for conversion, then, just through the conversion and the divorce,
07:52 their certificate of divorce is less than a month.
07:55 So, we can really see here the intention, right?
07:59 The intention is to totally disrespect the religion and the law, to circumvent the law.
08:06 Correct.
08:07 So far, our office in the National Commission of Laws of the Philippines,
08:13 we are taking into account now that we are talking to legislators or other stakeholders
08:22 so that we can come up with other laws to totally penalize these practices.
08:30 Okay.
08:31 Just a final reminder to our viewers about this issue.
08:35 Yes.
08:36 I hope that we will not use the term "convert" just for our own benefit.
08:43 Because take note, the term "convert" is a religious belief.
08:49 It is a very, very, what is this? I forgot.
09:00 Anyway, it is still important for our RSP to deceive the marriage first before doing this.
09:08 Yes.
09:09 If we remember the definition of divorce under Islamic law,
09:13 it will be the last recourse and it must be granted only after the exhaltion of all possible means of reconciliation.
09:21 It should be reconciliation first.
09:23 If there is no other way, then you will avail the divorce.
09:27 If possible, but for us, it is an annulment.
09:30 Annulment.
09:31 But save the marriage.
09:32 Well, thank you very much for giving us a clear explanation about this issue,
09:37 this convert now divorce tomorrow.
09:39 And thank you for your time here at Rise and Shine Philippines,
09:42 I am Atorre Johaira, the Atlantean Counselor at Law.
09:44 Thank you again.
09:45 Thank you so much.