🧭 Region & Middle East · #23

In the Philippines, if someone converts to Islam to marry again, can they escape bigamy?

No. Embracing Islam merely to marry again while still bound by a civil marriage does not prevent prosecution for bigamy (Revised Penal Code Art. 349). Art. 180 of PD 1083 exempts persons married under this Code, but the Supreme Court has limited it. In Nollora v. People (2011), a man claiming to be a convert was convicted because his marriage was not solemnised under PD 1083. In Malaki v. People (2021), a party to a civil marriage who embraced Islam and then married again was still guilty, as was the new spouse; the first civil marriage remains under civil law. The court also stressed that the wife's consent, or the court's permission if the wife refuses, is a sine qua non. Islam itself does not allow religion to be used as a ruse to wrong a wife. See Philippines.

Sources

PD 1083 (Philippines), Art. 3, 13, 180Revised Penal Code (Philippines), Art. 349Nollora v. People, G.R. No. 191425 (2011)Malaki v. People, G.R. No. 221075 (2021)

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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