Abstract

This paper explores how Catholicism has shaped the family law frameworks of the Philippines and East Timor—two predominantly Catholic nations in Southeast Asia with strikingly divergent legal approaches to marriage dissolution. The Philippines stands as the only country in the world, aside from the Vatican, that continues to prohibit divorce, reflecting an unwavering adherence to Catholic teachings on the sanctity and indissolubility of marriage. By contrast, East Timor, despite sharing similar religious roots, permits divorce under its Civil Code. This comparative study examines how these two nations, bound by faith but separated by history, interpret Catholic doctrine in relation to family law. Through a mixed-methods approach centered on qualitative and comparative legal analysis, this research investigates the historical, cultural, and judicial contexts that have influenced each country’s legal framework. The study reveals that the Philippines’ strict prohibition of divorce stems from its colonial legacy and deep entanglement with Catholic orthodoxy, leading to significant legal and social consequences, including restricted access to justice for individuals in irreparable marriages. East Timor’s approach, on the other hand, represents a pragmatic balance between religious principle and social necessity, allowing divorce to coexist with Catholic values through cultural flexibility and a human rights–based interpretation of family law. Ultimately, the findings underscore that religion’s role in shaping law is neither monolithic nor immutable. While Catholicism remains a defining moral compass in both countries, the divergence in their family law systems illustrates the dynamic interplay between tradition, sovereignty, and evolving social realities.

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