MINDANAO STATE UNIVERSITY

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.

1. Distinguish Shari’ah in its comprehensive perspective from Shari’ah in the

Philippines perspective. Discuss thoroughly your understanding about these

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).

2. Marriage under Islamic Law allows Polygamy. Reconcile the provisions of

Marriage under PD. 1083 and Marriage under the Family Code of the Philippines

which prohibits polygamy. (20 points)

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

by Islamic law and only in exceptional cases.

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

sine qua non with respect to the subsequent marriage.

3. Distinguish Sunnah of prophet Mohammad (pbuh) from Hadith of prophet

Mohammad (pbuh)? (10 points)

The distinction between Sunnah and Hadith is that Sunnah is a continuous

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

Philippine Judicial System. (20 points)

President Ferdinand Marcos issued P.D. 1083 on February 7, 1977, sometimes

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

as an integral element of the law of the land and to strengthen Islamic organizations.

Additionally, the codification of Muslim personal laws as well as providing an effective

administration and enforcement of Muslim personal law among Muslims are some of

the objectives of the aforementioned code.

5. What are the distinguishing features or Uniqueness of Shari’ah? (10 points)

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

law is included in Shari’ah by interpretation, it is not from Shari’ah if it departs from

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.

6. Define and discuss the Following: (20 points)

a. Islam

The word “Islam” means “submission to the will of God”, its

followers are called Muslims. Muslims are monotheists who believe in a

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.

When the prophet Muhammad lived there, Mecca in present-day Saudi

Arabia, was the birthplace of Islam.

b. Shari’ah

Is a body of Islamic religious law that regulates Muslims' daily lives

in addition to their religious observances. It offers Muslims a set of values

and principles to use as a guide while making crucial choices in their lives.

It is the manifestation of God's directive to Muslims.

c. Five Pillars of Islam

Shahada (Faith)

- The declaration of faith in one God (Allah) and His messenger

(peace be upon him).

Salah (Prayer)

- The ritual prayer required of every Muslim five times a day

throughout their lifetime.

Zakat (Almsgiving)

- The lifetime practice of a Muslim of donating some of their riches

to the poor.

Sawm (Fasting)

- The act of fasting during the holy month of Ramadan.

Hajj (Pilgrimage)

- Every Muslim is expected, if it is within their means, to make the

holy journey to Mecca at least once in their lives.

d. The Objectives or MAQASID of Shari’ah

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,

as Shariha comes for the interest of humankind.”

The first higher objective of Islam: the preservation of religion

- Religion is the collection of ideas, customs, and laws imposed by

God Almighty to control how people relate to their Lord and to one

another. Through those laws, God Most High intends to establish

religion and implant it in the hearts of those who adhere to it.

Many Shari'ah scriptures that call to faith, encourage it, and

punish infidelity legitimize the reservation of religion.

The second higher objective of Islam: the preservation of the self/soul

- The protection of one's soul has been emphasized repeatedly

throughout Islamic books and teachings as the most important

value. All of Almighty's provisions and values are upheld or

preserved by Mankind during life. As a result, Islam has not only

established laws to prevent the soul from being killed or wasted,

but also laws to ensure its welfare both spiritually and physically,

including laws to secure necessities like food, marriage, shelter,

drinks, and clothing, as well as laws that forbid all forms of self-

indulgence.

The third higher objective of Islam: the preservation of the mind

- Allah Most High has directed us to protect our minds and has

forbidden all methods of poisoning it with alcohol or other

hazardous substances. The ability to discriminate between

options, make decisions, and overcome obstacles in life is what

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

foundation of the discussion of the succession on earth.

The fourth higher objective of Islam: the preservation of lineage/offspring

- Shari'ah has legalized marriage and reproduction for the benefit

of perpetuating human offspring. In order to protect this goal,

Shari'ah has forbidden adultery and assigned a legal punishment

(had) for those who do it. Shari'ah also prescribed a legal

punishment for anyone who fabricate evidence of a crime or

falsely accuse another person of committing one (had al-Qazf).

This demonstrates the need of keeping the lineage pure to

prevent any potential distortion or corruption from mixing it up

such that one cannot even tell who their parents are or who their

own children are.

The fifth higher objective of Islam: the preservation of wealth

- Shari'ah has ordered the pursuit of a living and approved

transactions, exchanges, and commerce in order to preserve

human riches. In addition to forbidding and punishing theft, fraud,

betrayal, and devouring people's riches unfairly, Shari'ah

discourages money wastage in order to preserve wealth.

e. Sources of Shari’ah

1. Qur’an - Quran is the Primary Source of Sharia because it has direct

words of Allah. However, when it does not speak directly on a certain

subject, Muslims only then turn to alternative sources.

2. Sunnah - Sunnah is Arabic for "a system," "a route," or "an example."

In Islam, it alludes to the moral teachings and exemplary lifestyle of the

Prophet Muhammad (Peace be upon him). The Sunnah refers to the

deeds, statements, and agreements made by Prophet Muhammad

(Peace be upon him). What is said generically in the Quran is made

commanded him to do throughout his life. Every Muslim believes that

the Sunnah represents entire submission to Allah, and as such, it must

be obeyed.

3. Ijma - Ijma is simply an agreed-upon decision. In an Islamic

community, it is utilized to solve a problem that neither the Qur’an nor

the Sunnah addressed.

4. Qiyas - Qiyas literally translates to "judging through comparing with

something." The analogies from the Qur'an, the Sunnah, and the Ijma

may be used to define it. When an issue cannot be solved by the

application of the Qur'an, Sunnah, and Ijma, Qiyas may be carried

out but only in a state where Sharia law is in effect. Islamic jurists may

employ an analogy, reasoning, and previous case law to establish new

case law when something requires a legal judgement but has not been

adequately handled in the other sources.

xxx

GOOD LUCK!
PROF. MOHAMAD ALIA’AN A. ABDULATIFH, JD, SH.L, MPA
Shari’ah Law Professor