FACTS:

In February 1988, Respondent Fouzi and Sabrina were married under Islamic rites. Prior to their marriage, Sabrina converted to Islam, although her conversion was not registered with the Code of Muslim Personal Laws of the Philippines. They had two children together, Abdulaziz and Amouaje, who were born in Jeddah, Saudi Arabia. After their marriage, they lived in Jeddah for over two years.

In December 1995, Sabrina left their children with her mother in Ayala Alabang. During this time, Sabrina had the children baptized as Christians and changed their names. Fouzi claimed that Sabrina was seen with different men at odd hours and wearing clothing that is detested under Islamic law. He also alleged that Sabrina allowed their children to sweep their neighbor's house for a fee.

In March 1996, Fouzi filed an action to obtain custody of his children. The Shari'a District Court initially granted his motion to transfer the venue to Zamboanga. In July 1996, the court granted a motion for a temporary restraining order against Fouzi.

On November 16, 1999, the Shari'a Court awarded custody of the children to Fouzi and ordered Sabrina to surrender custody to him. The court also directed Fouzi to provide reasonable support to the children and allow Sabrina to visit them.

ISSUES:

1. Is the wife, who converted to Islam before her marriage to a Muslim and converted back to Catholicism upon their separation, still bound by the moral laws of Islam in the determination of her fitness to be the custodian of her children?

RULING:

1. The wife is not bound by the moral laws of Islam in the determination of her fitness to be the custodian of her children. Civil law will be applied in the best interest of the children.

PRINCIPLES:

• Civil law will be applied in determining custody of children when it is in their best interest.

• The conversion of a person to Islam does not automatically subject them to the moral laws of Islam, especially if they convert back to another religion.