For Muslim Filipinos, divorce is legally recognized under Presidential Decree No.
1083 or the
Code of Muslim Personal Laws of the Philippines (CMPL). A divorce can be facilitated under
Islamic law through types like Talaq, Khula, Lian, or Faskh.
Barangays in Muslim communities, especially under the Shari'ah Justice System, can assist in
facilitating amicable settlements regarding the divorce, including child custody, property
division, and support. However, formal recognition of the divorce must be processed through
the Shari'ah Court.
Here's a sample Barangay Divorce Settlement Agreement for Muslim couples:
BARANGAY DIVORCE SETTLEMENT AGREEMENT
(Under the Katarungang Pambarangay and Code of Muslim Personal Laws)
Republic of the Philippines
Province of [Insert Province]
Municipality of [Insert Municipality]
Barangay [Insert Barangay]
COMPLAINANT: [Husband’s Full Name]
RESPONDENT: [Wife’s Full Name]
Subject Matter: Amicable Divorce Settlement
WHEREAS, both parties, being Muslims and residents of this barangay, have agreed to dissolve
their marriage through [type of divorce, e.g., Talaq, Khula] in accordance with the Code of
Muslim Personal Laws;
WHEREAS, both parties have mutually agreed upon the terms concerning child custody,
property, and support;
NOW, THEREFORE, the following terms are agreed upon:
1. Declaration of Divorce
The marriage between [Husband’s Full Name] and [Wife’s Full Name] is
declared dissolved through [Talaq/Khula/Faskh/Lian], following the
provisions of Islamic law and the CMPL.
2. Iddah Period
The wife, [Wife’s Full Name], agrees to observe the ‘Iddah period as
prescribed in Islamic law.
Both parties agree to respect the rights and obligations during this
period.
3. Child Custody and Support
Custody of the child/children, [Name(s)], is granted to [Mother/Father],
in accordance with Islamic law.
[Name of the non-custodial parent] is granted visitation rights [specify
frequency and terms].
Child support will be provided by [Name] amounting to [Amount] every
[week/month], covering [specific expenses like education, medical,
etc.].
4. Mahr (Dower)
The mahr (dower) of [Specify amount/property] has been [fully
paid/will be settled as agreed].
5. Property Division
The following properties are divided as follows:
o [List properties and specify agreements].
6. Other Agreements
Both parties agree to settle future disputes amicably and according to
Islamic principles.
Both parties affirm that this settlement is made voluntarily and without
coercion.
Signed this [date] at Barangay [name], [Municipality], [Province].
COMPLAINANT (Husband): _____________________
RESPONDENT (Wife): _____________________
Witnesses:
1.
2.
Barangay Officials:
Barangay Captain: _____________________
Lupon Chairman: _____________________
Note:
This agreement reflects a mutual settlement but does not
constitute a formal legal divorce until recognized by the Shari'ah
Court.
To legally register the divorce, both parties must file a petition for
divorce with the Shari'ah Court.
This barangay settlement can serve as initial documentation for court
proceedings.
Would you like to add more specific details, like property agreements or child support terms?
