DIVORCE LAW NOW

The Philippines is now almost the only nation in the world which has no absolute divorce, except for Vatican City. When I shared this lately in an international group, they said that maybe it is one of the reasons why a whole community wants to secede from the Philippines. Italy where the Vatican is has recognized divorce a long time ago. I said almost because we have divorce among our Muslim communities. As an available option, absolute divorce which once existed in this country and available in Muslim communities, is very long overdue and should also be available as a remedy for majority of Filipinos. The absence of a divorce law for the majority of women in the Philippines is particularly oppressive for women trapped in violent marriages. Forever etched in my mind is the celebrated case of Maria Teresa Carlson, reportedly trapped in a very violent marriage and she tragically jumped to her death.

Then, in our communities, we have a village justice system that for purposes of maintaining what is their false concept of peace and harmony at home would opt for an “amicable settlement” among couples who are forever fighting and who clearly cannot be together anymore.

For now, only those who can afford the costly annulment process have access to the effects of absolute divorce. Which is why, we say that annulment is for the rich. A mother of my student recently spent more than half a million pesos for her annulment to happen. A cousin of mine who now lives in Paris recently engaged the services of a lawyer and as well she got an annulment from a far away court in exchange for a large sum. But, I also know of many friends and neighbors who wish to be separated from their husbands but the costs of annulment are so prohibitive.

In the case of Muslims and in keeping with fundamental Quranic concepts of justice and equality, divorce is part of the Islamic complete code of life around the world. Among our Muslim sisters and brothers in the Philippines, they have one of the most sophisticated laws on divorce. A woman can divorce her husband through mutual agreement or by returning the dower or mahr. The mahr is nuptial gift or dowry given to the wife by the husband which is an essential requisite of a Muslim marriage contract. Or a Muslim woman can orally divorce her husband – if she has demanded this in her marriage contract – or by just placing the delegated right of divorce in the marriage contract. The challenge is to popularize this legal option as most Muslim women are not aware that she can opt for this delegated right of oral divorce in the marriage contract. Of course, all divorces should be registered so that when a woman remarries she will not be liable for adultery or zina.


That a community of nations in the whole world shares a remedy called divorce and that it is not yet available to the majority of Filipinos for the longest time now are very revealing and disturbing. Long ago, many Catholic majority countries – Spain, Brazil, Ireland , Mexico , Portugal and all of Latin America – have recognized divorce.

So, the passage of law on divorce will formalize an existing extra legal remedy of separation in fact. The divorce law will be a right and a remedy accessible to those who need to move on from a marital arrangement that is not working anymore.