Islamic Jurisprudence and Customary Laws

Jurisprudence and
Customary Laws

Copies are specially intended for MAISSA trainees only.

2 Jurisprudence and Customary Law
1983 SHARIAH BAR EXAMINATIONS ON ISLAMIC
JURISPRUDENCE (FIQH) AND CUSTOMARY LAW (ADAT)

1. a) What is the difference between FIQH and SHARIAH?
b) What is Shariah value (Hukm Shariah) and what are its kinds? Explain
each of them.

2. a) Give the four (4) sources of Islamic Law (Adilla al Shariah)
b) How, where and when was the Quran revealed?

3. a) Explain the gathering, compilation or codification of the :
1. Quran during the lifetime of Prophet Mohammad;
2. Quran under the leadership of Abu Bakr; and
3. Quran under the leadership of Uthman

4. a) Distinguish between a Hadith and a verse of the Glorious Quran
b) What are the kinds of Sunnah with respect to its transmission?

5. a) Distinguish between Qiyas and Ray.
b) Explain the four (4) conditions and requisites of Qiyas.

6. a) Explain the rules on abrogation.
b) Explain the following principles of legislation:
1. Istihsan
2. Istislah
3. Istislah
4. Sunnah of the Companions, and
5. Custom

7. a) What are the four (4) orthodox (Sunni) Schools of Muslim Law?
b) State and explain the three (3) kinds of mujtahid.

8. a) Explain the following Islamic maxims
1) Necessities or Darurah make forbidden things canonically harmless
2) The smaller of the two harm is chose
3) Hardship or mashaggah causes the giving of facility.

9. a) What are kinds of revelations of the Prophets sent prior to Mohammad
still applicable or binding upon us? Explain



b) Distinguish between:
1) Hadith Qudsi and the ordinary hadith
2) Hadith Qudsi and a verse of the Quran

10. a) What are the kinds of legislations during the lifetime of Prophet at
Medina?

b) Explain the rules on transmission of Ijma. Can the Muslim Filipinos
of today make their own Ijma?


1987 SHARIAH BAR EXAMINATION ON ISLAMIC

1. a) Distinguish fiqh from Shariah.
b) Define qanun and give example.
c) What are the four (4) bases of fiqh? Classify them.

2. a) Give the different kinds of sunnah with respect to their transmission.
b) What is the function of the hadith in relation to the Quran?
c) Name at least four (4) authoritative compilations of the Hadith.

3. a) For purposes of administration of P.D. 1083, who is considered a Muslim?
b) Does the code of Muslim Personal Law apply to all Muslims whether they
are so birth or conversion?
c) What are the effects of the change of religion by non-Muslims to Islam
under P.D. 1083?

4. a) Enumerate the sources of the Code of Muslim Personal Laws
of the Philippines.
b) State the conflict of provisions rule under P.D. 1083.
c) What branches of Muslim laws are included within the scope of Muslim
Personal Laws?

5. a) How is adat proven as a source of Muslim law?
b) What are the conditions of a legally binding urf?
c) State the five universal aims of the Shariah

6. a) Distinguish between a fatwa given by the Mufti and a hukm rendered
by a Qadi.
b) What is the weight of authority of standard works on Muslim law
before our Shariah Courts?
c) Name at least five (5) standard works of the four Sunni schools of law.

7. a) Discuss Istihsan and Istislah as a source of Muslim law.
b) Distinguish rukun by shart by giving examples.
c) Distinguish between Ijma and Shura.

8. a) Give a brief historical background of the development of the four
Sunni schools of law.
b) What are the principle characteristics of Shariah law?
c) Compare the civil law system and the Islamic laws system.

9. M, a Muslim died leaving a property, which included a private cemetery.
It appears that his children converted the lot into a memorial park by permitting
the bodies of strangers to be buried there for sale or lease of the graves.


a) Is it permissible according to Muslim jurisprudence to divide and distribute
incomes from such cemetery among the heirs?
b) Will it make any difference under Muslim jurisprudence given the fact that the
property was formally appropriated as a waqf by M?
c) Does the cemetery constitute a communal property under the provision of the
P.D. 1083?

10. X, a Muslim divorced his wife Y who completed her iddat. Two years later,
X remarried Y a second time and then divorced her again. After completing her
second iddat, X decided to marry Y a third time.
a) Suppose Y files a divorce by khula after the third marriage, is iddat still
incumbent upon her? Why?
b) Under Muslim jurisprudence, can Y and X by mutual agreement waive the
right of iddat? Reason.
c) What is the philosophy of the law behind the rule that after the third divorce
the wife becomes unlawful to him till she has been married to another person?



1. a) Define Shariah and differentiate it from Hukm.
b) Define Fiqh and differentiate from Usul Al-Fiqh.

2. a) What is the difference between a Sunna and a Quranic verse?
Explain how each was revealed.
b) Differentiate Sunna from Hadith.

3. a) Is the shariah value, the Sunna similar to the Quranic Shariah value
in the matter of demanding obedience? Explain.

b) Will there be an instance where the rules of law of the Quran contradict
the rules of the law of Sunna? Explain.

4. a) Define Ijma and explain its basis or justification.
b) What is the Shariah value of Ijma?

5. a) Define Qiyas and explain its basis.
b) State and explain the four (4) conditions and requisites of Qiyas.

6. a) Define abrogation.
b) State and explain the four (4) ways of abrogation.

7. a) Can a Muslim change his school (Madh-hab) at his own choice? Explain.
b) Can a Muslim follow different schools (Madh-hab) at his own selection?
Explain.

8. a) Give and explain the basic principles laid down by the Glorious
Quran regarding divorce? Explain.

b) Can a Muslim wife divorce her husband who embraces another religion?
Explain.

9. A, a husband divorced his wife B and failed to reconcile with her within the
prescribed idda.C proposes to marry B
a) Has A have the right to prevent the proposed marriage of C to
B? Explain.
b) Has A have the better right to reconcile with B even at the
opposition of the latter? Explain.

10. a) Give the reasons and explain why the shares of one man are equal to
the shares of two women in inheritance (Mirath).
b) Give and explain the justifications why the decedents son is preferred
over the decedents father in a residual succession.



1. Define the meaning of the following terms both as to common use and legal
terminology:
a) Fiqh or Islamic Jurisprudence
b) Shariah or Islamic Law.
2. What are the sources of the Islamic Legal History and Legal Culture?
3. a) Explain the doctrine of Ijma as a source of Islamic Law and its origin in
Quranic verses.
b) Explain the doctrine of Quasi-abrogation as it relates to Ijma.
4. a) Explain the doctrine Qiyas as a source of Islamic Law and its origin in
Quranic verses.
b) What are the four (4) pillars of Qiyas in reference to similitude as a juristic
basis for reasoning by analogy as far as the Hanafi School of law
is concerned?

5. a) Explain the doctrine of Istihsan as it relates to the following views:
(1) Malikis; (2) Hanbalis; (3) Hanafis; and (4) Shafii?

b) Give the Quranic justification of Istihsan.
c) Give three (3) examples of Istihsan to invoke Quranic justification and
explain.
6. Explain the principles of Istishab known also as Istishab al-hal as a source of
Islamic law and give three (3) examples.
7. a) Distinguish the terms Urf and Adat (Custom). Give at least three (3)
distinctions.
b) Give three (3) examples each terms Urf and Adat accepted by
Islamic jurists.
8. Differentiate the following terms on juristic bases:
a) Neo-ijtihad
b) Al-Siyasa al-Shariyya
c) Talfiq
9. Explain the doctrines of ibaha (tolerance of the law-giver) as it relates to the
exercise of the principle of Al-Siyasa al-Shariyya.

10. Give five (5) instances wherein polygamy is justified under Islamic law and
jurisprudence, and/or considered lawful within the scope of its interpretation?



1. When and where were the first two (2) sources of Islamic Law revealed?
Explain and how they were revealed?

2. a) What is meant by the statement The Glorious Quran in the Shariah par
excellence? Explain your answer.

b) What is the primary objective of the Shariah? Explain.
3. Is the Sunna of the Prophet (May Peace be Upon Him) an inspiration of Allah?
What is the difference from the Quranic verse? Explain your answer.

4. State and explain the relations of the Sunna to the Holy Quran according
to the rules of the law embodied in the Sunna. What are their respective
Shariah Values? Explain.

5. Will there be a possibility that the rules of law embodied in the Quran
will be in conflict with the rules of law found in the Sunna? Explain fully.

6. A and B are husband and wife, respectively. B demanded divorce from A
on the ground that she is no longer in love with him and she does not
want to be guilty of showing anger to him as it is prohibited by Shariah and
signified her willingness to return to him the entire dower she received from him.
B, filed her case with your court. As a judge, what would be your decision?
Explain your answer.

7. A is father of three (3) sons, B, C, and D. Because A likes B more than
the other two (2), he decided to donate one half (1/2) of his property to B.
A comes to your court requesting to be a witness to the donation. As a judge,
what would be your action to his request?
8. a) Define Shariah and differentiate it from Hukm.
b) Define Fiqh and differentiate it from Usul-Fiqh
9. a) Define Ijma and explain its basis or justification.
b) What is the Shariah Value of Ijma?
10. a) Define Qiyas and explain its basis.
b) State and explain the four (4) conditions and requisites of Qiyas.



1. a) What are the primary sources of Islamic Law? Discuss each briefly.
b) The Holy Quran contains 114 Chapters (Surah) and Muslim jurists
have classified or categorized them into five (5) categories or
subject matters. What are these five categories or subject matters?
Discuss each briefly.
2. Abdul divorced his wife Amina twice who completed her idda. Three (3) years
later, Amina filed a divorce by khula after third marriage.
a) Under Muslim jurisprudence, can Abdul and Amina by mutual
agreementwaive the right to idda? Give your reason.
b) Is this a case of talaq bain kubra? What is the philosophy of
the law behind the rule that after the third divorce the wife becomes
unlawful to the husband till she has been married to another man?
3. a) Explain the following Islamic maxims:
1) Necessity begets facility
2) The smaller of the two (2) harms is chosen

b) A Muslim was lost in a wide desert. After several hours of walking,
he became very thirsty and there was no water to drink. He fell down
exhausted. Fortunately, a Christian traveler passed by. The Muslim who
was dying of the thirst asked for water, but the traveler had no water.
Instead, the traveler gave him little wine in order to quench his thirst.
Did the Muslim transgress any Quranic verse? Decide the case.
4. a) Define or explain the following terms:
1) Islam
2) Shariah
3) Fiqh

b) Distinguish from each other the following:
1) Hadith Qudsi and ordinary Hadith
2) Hadith Qudsi and a verse of the Holy Quran

5. a) Define or explain the following terms:

1. Ibadat 4. Adab


2. Itiqadat 5. Uqubat
3. Muamalat

b) Discuss briefly in the light of Muslim jurisprudence the basic
difference between ibadat and muamalat.

6. a) Who were the four (4) rightly Guided Caliphs? Discuss briefly their
respective contribution in the propagation of Islam.

b) Who among the four (4) rightly Guided Caliphs had memorized the
Holy Quran? Cite historical fact in support of your answer.

7. a) Differentiate the following terms:
1) Ijtihad from Taqleed
2) Ray from Fatwa
b) In case of conflict between Islamic law and adat, which shall prevail?
Discuss briefly.

8. a) X, is Muslim died leaving a parcel land which included a private
cemetery. His children converted the land into a memorial park by
permitting the bodies of strangers to be buried there sale or lease of
the graves.

1) Is it permissible according to Muslim jurisprudence to divide and
distribute incomes from such cemetery among the heirs? Explain
briefly
2) Under the given facts, will it make any difference under Muslim
jurisprudence if the property was formally appropriated as a waqf.
b) May a cemetery constitute a communal property under the provisions
of the Code of Muslim Personal Laws of the Philippines? Discuss briefly.

9. a) Abusama, a male Filipino Muslim and Zainab, a female Filipino Muslim,
went to Country X as scholars. Two years thereafter, they fell in love
and got married without the consent of the wali of Zainab. Country X
where they got married adheres to the Hanafi School of law where
the consent of a wali is not necessary. Discuss briefly the validity of said
marriage.
b) Suppose in the problem above, instead of being married in country X,
they came back to the Philippines and got married here, would your
answer be the same? Discuss briefly.

10. a) Give the distinctions of the following:
1) Gods law from mans law
2) Shura from Ijma
b) State the distinction between a fatwa given by a jurist-consult in
Islamic law and a hukm rendered by a Judge.



I. A. Differentiate Shariah from Hukm.
B. Give the two (2) kinds of Hukm Sharii (Shariah Value) and explain each.

II. A. What are the essential requirements of Qiyas? Give examples.
B. What are the kinds of Qiyas? Explain each kind.

III. A. Define maslaha al mursala.
B. Give and explain the conditions required for the validity of maslaha al mursala.

IV. A. Differentiate between Sunna and Hadith.
B. Explain why the Shariah Values of Prophetic Traditions are similar to that of
Quranic Shariah Values in the matter of demanding obedience.

V. A. What are the five (5) essential values which are themselves the objectives of
Shariah to protect?
B. Give an explanation of each of them.

VI. A. Distinguish Ray from Ijtihad
Comment on whether the gate of ijtihad is closed in the present generation.
B. Distinguish wajib from the fardh.

VII. A. Define and explain Istihsan (juristic preference)
B. Explain the exceptional Istihsan and give at least three (3) examples.

VIII. A. Explain the authority of Ijma in the Quran and in the Sunna as a source of Islamic
Law.
B. How can Ijma be abrogated? Explain.

IX. A. What do you understand by urf (custom)? Is it recognized in the Muslim Code?
B. What are the conditions for a valid urf?

X. A. Give and explain the six (6) conditions of abrogation (naskh) as a rule.
B. Distinguish explicit abrogation from implicit abrogation. Give examples of each.



I. A. Compare and contrast Ijma and Qiyas.
B. What are the kinds of Ijma?

II. A. Abdalah married a classmate who is a balik-islam or a convert. They were
living harmoniously as husband and wife for more than three (3) years. Abdalah
decided to work abroad. As a consequence, his wife was forced to live
temporarily with her family in Cebu City because she cannot stand the treatment
of her in-laws. A report reached Abdalah in Saudi Arabia that his wife returned to
Christianity. Abdalah upon learning incident returned to the Philippines and
married his second-degree cousin. When his first wife learned that Abdalah was
already in the country and married his cousin, she asked for support claiming that
her marriage with Abdalah is still subsisting. Is she correct under the Islamic
jurisprudence? Justify.

III. A. Distinguish fiqh from Shariah value.
B. Distinguish fiqh from jurisprudence as understood in the Philippine legal
system.

IV. A. What are the classifications of human acts as grouped by Muslim jurist?
Define each.
B. Compare and contrast fard and wajib.

V. In 1989, the Shariah District Court in a certain case adopted the view of Imam
Abu Yusuf of Baghdad who claimed that the text should be discarded in favor of
customs. The case became final and executor. A recent case involving similar
issue was however brought to the Supreme Court in aid of its appellate
jurisdiction. The customs however changed as previously established.

A. As a Jurisconsult of the Philippines, the Court seeks your expertise on the
issue. What would be your view?

B. Will the change of customs affect the settled rule? Elaborate.

VI. A. Explain Public Interest as a source of Islamic Jurisprudence.
B. What are the conditions for adopting Masalih Mursalah as a source of law?

VII. Ameer and Jehan were married for almost ten (10) years. They were not blessed
with a child. One day, Ameer arrived home from office late and tired. Since he


had not yet taken his dinner and while waiting for their helper to prepare the food,
he asked Jehan to serve him a glass of water. The wife however neglected him. As
a consequence, the couple ended up with an undesirable argument, i.e., Ameer
uttered vehemently I divorce you for three times. The day after, Jehan went to
her parents hometown and informed her family that her husband divorced her.
Ameer followed her, claiming that his pronouncement does not amount to three
times. His reason is that during the time of the Prophet and the first part of
Umars caliphate such declaration is equivalent to only one. Is this rule followed
under the Muslim Code (P.D. 1083)? Decide.

VIII. A. Who introduced Qiyas as a legal principle and what was the reason behind
constituting Qiyas as such?

B. What are the essential conditions for Qiyas to be accepted as a source of
Islamic jurisprudence?

IX. A. Is P.D. 1083 a source of fiqh in its strictest Shariah sense?
B. Explain briefly the basis for the condition of P.D. 1083.

X. A. Explain the role of customs and usage in Islamic jurisprudence.
B. What are the conditions, which must be satisfied in order for a custom tohave
legal effect?



I. Define or explain the following terms as used in their common language and in their
specific or legal terminology:

A. Shariah (Islamic Law); and
B. Fiqh (Islamic Jurisprudence)
II. A. Compare Shariah (Islamic Law) and positive law. Give the subject content of
each and their goals and objectives.

B. Explain the following terms:
a) Kharidjites c) Mutazilites e) Sunnaties
b) Murijites d) Shiites

III. A. Give the four (4) Sunni Madha-hib (Schools of Law) and their respective founders
or Imams.
B. What are some of the variations or distinctions of these schools, if any?
IV. A. State the rule on the resolution of any conflict among the Orthodox (Sunni)
Schools of Law under the Muslim Code (P.D. 1083)
B. Please explain or define the following terms:
a) Hukm Taqlifi (mandatory)
b) Hukm Wadi (declaratory)
Give their distinction, if any.
V. A. Define or explain the following terms:
a) Ijma
b) Qiyas
c) Ijtihad
d) Hakim-ush-shara
e) Fatwa

VI. Harun, a Muslim married Susan, a Christian. Their marriage was solemnized
according to civil rites. A year later, Harun decided to divorce (talaq) Susan.

A. What law shall govern their marriage relations?
B. Suppose they were married under Muslim Law or the Muslim Code (P.D. 1083),
will your answer be the same? Please explain and justify your answer.

C. Now, suppose again that Harun contacted a second marriage to Amina, a Muslim
woman and their marriage was solemnized under Muslim law or the Muslim Code


(P.D. 1083) while their marriage with Susan was subsisting. Can Harun validly
contract a second marriage?

D. Will Harun under the circumstance not be liable for the crime of Bigamy? Please
explain and justify your answer.

VII. A. What do you mean by the following terms:
a) Istihsan
b) Istishab
c) Istislah
d) Maslahah
Discuss them briefly and state who their proponents are.
B. Give the four (4) important conditions of Qiyas. Discuss each briefly.
VIII. A. What do you mean by the theory of repeal or abrogation?
B. State the general rule in the repeal text.
IX. A. How did customs influence Islamic jurisprudence (Fiqh)
B. What are the conditions of a binding custom?
X. A. State the rule in the proof of Muslim law and Adat under the Muslim Code (P.D.
1083).
B. State the rule in the resolution of conflict between the Muslim Code (P.D. 1083)
and the laws of general application and special laws.



I. A. Shariah and fiqh are both translated as Islamic Law. Distinguish between the
two terms pursuant to the concept that Islamic Law is both fixed and dynamic.

B. Define Usul al-Fiqh.

II. Preserving life is among objectives of the Shariah. Allah Almighty says in the
Glorious Quran:
If anyone slew a person --- unless it be for murder or for spreading mischief
in the land --- it would be as if he slew the whole of mankind; and if anyone
saved the whole of mankind. (Surah al-Maidah, 5:32)

A. How do you correlate this Quranic injunction with the objective of the Shariah
on the preservation of life?

B. If life is sacred, is there justification in the Shariah on the killings of innocent and
harmless civilians? Please discuss.

III. A mujtahid is a jurist who derives the ahkam or rules directly from specific evidence.
Discuss the following types of mujtahidin.

A. Mujtahid mutlaq
B. Mujtahid fi d-din
C. Mujtahid fi l-madh-hab
D. Mujtahid fi l-masail
IV. There are three (3) modes in the exercise of ijtihad by a jurist:
1) By confining himself to the literal meaning of the text;
2) By using Qiyas or analogy; and
3) By extending the spirit of the law to other cases.

A. May a jurist exercise any of these modes as he wishes or does ha resort to
them in the order they are mentioned? Please explain.

B. What is meant by the text in the first mode of exercising ijtihad?

C. What are the rules to be followed by a jurist in extending the hukm in an
original case to a new case?

D. Discuss the third mode as used by the Hanafi jurists in istihsan and by the
Maliki jurists in maslahah mursalah.



E. Can these modes in the exercise of ijtihad be used against the maqasid ash-
Shariah?

V. A. Explain the maxim al-aslu fi l-ashyai al-ibadah or the original rule for all
things is permissibility

B. Discuss exhaustively the Shariah principle that necessity makes a thing
prohibited permissible.

VI. A. What are the two (2) parts of a Hadith? What are the methods used to check the
authenticity of these two (2) parts?

B. Distinguish between Sunnah tashrii and Sunnah ghayr tashrii.

VII. One important principle in interpretation that a jurist must be abreast with pertains to
determining whether an obligation is imposed as a general rule (azimah) or as an
exception to a general rule (rukhsah).

A. Distinguish between azimah and rukhsah.

B. Can rukhsah be a basis of Qiyas or analogy? Please explain.

VIII. A. According to the Code of Muslim Personal Laws, how should customary contracts
for the delivery of any real estate, plantation, orchard or any fruit-bearing property is
construed? Please explain the reason for this rule.

B. In general, how should ada or adat not embodied in the Code of Muslim Personal
Laws be proven in evidence as a fact so that the Shariah Court may use it in its
decision? What are the limitations imposed by the law on the use of ada or adat?

IX. A toothpaste product is suspended to contain a haram ingredient.

A. Can the ulama by themselves declare that such product is forbidden for Muslims
to use? Please explain.

B. Discuss the validity of using the concept of Ijma during our time in arriving at a
consensus pertaining to cases or situation where expert opinion is required as in
the case above.

X. A. Discuss the concept of naskh under Islamic Jurisprudence.

B. Explain the application of naskh pertaining to the relationship of the Glorious
Quran with previous divine revelations.

Islamic Jurisprudence and Customary Laws

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