Pajares - Shari'ah Prelim Examination
Pajares - Shari'ah Prelim Examination
Pajares - Shari'ah Prelim Examination
COLLEGE OF LAW
General Santos City-Extension
MIDTERM EXAMINATION
Shari’ah Law I (PLATO)
December 2, 2022
Instructions:
1. Please encode your answers in a WORD type document.
2. Answer each questions precisely, clearly and legibly.
3. No copy paste answers.
4. Send your answers to my FB Messenger account.
perspectives, how they differ from each other, and (Coverage) rulings of Shari’ah
which is/are allowed and permitted as embodied under P.D. 1083. (20 points)
Islamic law, also known as Shari'ah, is the broad name for the set of rules that
constitute Islam's legal system. It addresses a variety of facets of a Muslim's existence,
including love and marriage, work and finances, and crime and punishment.
Furthermore, the law serves as a divinely mandated code of conduct that directs
Muslims toward a concrete outward manifestation of their religious conviction in this life
and the achievement of divine favor in the hereafter. However, the Code of Muslim
Personal Laws of the Philippines only partially implements Shari'ah. It does not
encompass all of Shariah, as the title of the law which governs it in our country implies;
rather, it only addresses certain aspects of personal laws such as the persons and
family relationships, succession, inheritance, and adjudication and resolution.
Furthermore, it does not acknowledge Shariah as a distinct, independent system
of law. Instead, it is a component of the state's larger justice system. Moreover, while
there is no divorce, only legal separation, and annulment under the Family Code of the
Philippines, the Philippines’ Shari’ah Law, more specifically the CMPL recognizes seven
(7) forms of divorce, such as repudiation of the wife by the husband (talaq); vow of
continence by the husband (ila); injurious assanilation of the wife by the husband
(zihar); acts of imprecation (li’an); redemption by the wife (khul’); exercise by the wife of
the delegated right to repudiate (tafwid); or judicial decree (faskh).
Marriage under PD. 1083 and Marriage under the Family Code of the Philippines
Under the Family Code of the Philippines, specifically Article 35 states that
bigamous or polygamous marriages not falling under Article 41 of the same code shall
be void from the beginning. However, Article 27 of the Muslim Code conditionally allows
the Muslim husband's subsequent marriage in exceptional cases. The substantive
requisites are:
Notwithstanding the rule of Islamic law permitting a Muslim to have more than
one wife but not more than four at a time, no Muslim male can have more than one wife
unless he can deal with them with equal companionship and just treatment as enjoined
Generally, like the Family Code’s provision, a Muslim who is already married is
not allowed to marry another. The male Muslim may, however, do so in extraordinary
circumstances if "he can interact with them with equal company and reasonable
treatment as required by Islamic law. Furthermore, the consent of the wife, or the
permission of the Shari 'a Circuit Court if the wife refuses to give consent, is a condition
practice which was started by the Holy Prophet (saw). On the other hand, the Holy
Prophet (saw) did not have the Hadith recorded in his presence nor did he make any
arrangement for its compilation. Furthermore, Hadith is more general than Sunnah. The
Sunnah is specific to the actions that the Holy Prophet (saw) has frequently performed,
whereas the hadith is generic and comprises the sayings and deeds of the Holy Prophet
(saw), peace be upon him. In other words, since Hadith have been written and
interpreted by scholars of Islam, these are dependent upon their ways of thinking, their
character, their memory, and intellect, whereas the Sunnah has been passed on from
one generation to another, so there is little chance of any error. Moreover, Sunnah are
related with certain aspects of life while Hadith are not confined to certain aspects of
life.
4. Discuss how did P.D. 1083 came into existence and how it is applied in the
referred to as the "Code of Muslim Personal Laws of the Philippines," as part of the law
of the land. One of the major purposes of the code, which is frequently referred to as
the Shari'ah law is to acknowledge the legal system used by Muslims in the Philippines
administration and enforcement of Muslim personal law among Muslims are some of
Unlike other laws, Shari’ah is legislated by Allah himself through the sources of
Shari’ah, it is Allah’s guidance to humanity. It distinguishes itself and its value system
from other systems by a set of unique characteristics. Shari’ah is based on wisdom and
established for the good of humanity both now and in the hereafter. Shari’ah
encompasses all aspects of fairness, mercy, benefits, and knowledge. Even though a
justice to oppression, from mercy to cruelty, from benefit to harm, or from wisdom to
folly. Furthermore, unlike any other laws, Shari’ah is a comprehensive guidance that
takes into consideration all aspects of the human life. It gives us guidance from the day
we are born till the day we die – it even relates to us before we are born and after we
die.
a. Islam
Muslims around the world, Islam is the second most prevalent religion
after Christianity. The birth of Islam is commonly dated to the 7th century,
making it the most recent of the main world faiths, but having older origins.
b. Shari’ah
and principles to use as a guide while making crucial choices in their lives.
Shahada (Faith)
Salah (Prayer)
Zakat (Almsgiving)
to the poor.
Sawm (Fasting)
Hajj (Pilgrimage)
the creation are five: to preserve their religion, their souls, their mind, their offsprings
and their money. So, everything that includes preserving these five principles is
considered a maslaha (interest). And everything that result in failure of these principles
is a harm that should be fought and tuned to an interest. The prohibition of failing or
restraining these five principles has always been included in all religions and Shari’ah,
God Almighty to control how people relate to their Lord and to one
but also laws to ensure its welfare both spiritually and physically,
drinks, and clothing, as well as laws that forbid all forms of self-
indulgence.
- Allah Most High has directed us to protect our minds and has
sets humans apart from other species and what Allah Almighty
has bestowed upon them. Humans are Allah's successors on
earth; thus, they must retain their minds, which form the
such that one cannot even tell who their parents are or who their
e. Sources of Shari’ah
2. Sunnah - Sunnah is Arabic for "a system," "a route," or "an example."
be obeyed.
something." The analogies from the Qur'an, the Sunnah, and the Ijma
case law when something requires a legal judgement but has not been
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GOOD LUCK!
PROF. MOHAMAD ALIA’AN A. ABDULATIFH, JD, SH.L, MPA
Shari’ah Law Professor