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🧭 Region & Middle East · #22

Philippines: what is the Art. 162 notice before marrying again?

It is a written notice that the husband must file with the Clerk of the Shari'a Circuit Court where his family resides, before marrying again (PD 1083 Art. 162). The Clerk serves a copy of the notice on the existing wife or wives. If any wife objects, an Agama Arbitration Council is constituted: each party nominates a representative, and the Clerk acts as chair. If the Council fails to obtain the wife's consent, the court decides whether to sustain the objection, subject to the conditions of Art. 27. Failure to comply with Art. 162 is punishable by arresto mayor (imprisonment of 1 month 1 day to 6 months) or a fine of ₱200–₱2,000, or both (Art. 183). In practice, this notice is often not filed. See Philippines.

Sources

PD 1083 (Philippines), Art. 27, 161–162, 183
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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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