Shari'ah 1 Midterm Exam

Professor X opined:  "Shari’ah is a  law for  the Muslims and applies only to the Muslims."

A. Do you agree with Professor X’s opinion? Explain.

Yes. Since shari’ah is a teaching of commands, prohibitions, guidance and principles of Allah which were revealed through Prophet Muhammad. It is inherently designed for those who follow the Islamic faith, namely the Muslims. Therefore, I agree with the Professor that Shari'ah is only applicable to the Muslims due to its religious nature and origin.

B. Will  your answer be the same given that the Code of  Muslim Personal Laws of the Philippines (P.D. 1083) covers personal laws of minority Muslims? Reason.

Yes, my stance remains the same. Despite  PD No. 1083 addressing Muslim Personal laws covering areas like personal status, marriage, divorce, family relations, succession, inheritance, and property, it exclusively applies to Muslims, whether by birth or conversion. Non-Muslims are not subject to this decree. In the event of a marriage between a Muslim and a non-Muslim, not in accordance with P.D. 1083, the Civil Code of the Philippines takes cognizance of the case.

Professor X, an Islamic Jurisprudence lecturer, said: "Shari’ah is different from Jurisprudence." 

A. Do you agree with Professor X's opinion? Explain.

Yes, I agree that the two are different. Shari'ah is the divine guidance for success in this life and the afterlife, encompassing teachings, rulings, and a way of life. Jurisprudence (Fiqh) consists of rules and laws specific to religious practices and rights and wrongs in Islam.

B. Differentiate jurisprudence from Shariah.

Distinguishing between them, Shari'ah comprises revealed laws from the Qur'an and Sunnah, unchangeable and covering all human actions. Its path is set by God and His Messenger, with actions categorized as approval or disapproval. On the other hand, jurisprudence (Fiqh) deduces laws from Shari'ah for specific situations not directly addressed. It is situation-specific, subject to change, dealing with legal acts established by human effort, and actions are deemed legal or illegal, permissible or not.

Discuss briefly how  the Qur'an was revealed to Prophet Muhammad and it was revealed in stages.

1. Divine Legislation Era: Marked by Prophet Muhammad's life, it laid the foundation of Muslim Law from the first revelation until his death in the 10th year after Hijra.

2. Era of Four Rightly Guided Caliphs: During the reigns of Caliphs Abu Bakr, Umar, Uthman, and Ali, Muslim Law was established, starting from the death of Prophet Muhammad until the death of Caliph Ali.

3. Umayyad Caliphate Period: From the Umayyad dynasty's founding until its mid-8th century decline, this era contributed to the development of Muslim Law.

4. Abbasid Caliphate Era: Witnessing the rise of the Abbasid dynasty in the mid-8th century to its decline in the mid-10th century, it marked the peak of Muslim law development.

5. Mustawjihun Jurists Consolidation Period: Following the decline of the Abbasid dynasty until the fall of Baghdad, jurists decided to "Close the Door of Ijtihad."

6. Muqallidun Jurists Stage: A period of stagnation and declination in Muslim Law until the Abolition of the Caliphate in 1922, with some reformer jurists practicing "Neo-Ijtihad."

7. Commentators and Annotators Era: Beginning after the abolition of the Caliphate in 1924, ongoing developments in Muslim Law continue during this period.

Discuss the four (4) orthodox (Sunni) Schools of Muslim Law.

The 4 orthodox schools of Muslim law are the ff.:

Hanafi School - emphasizes reason and independent legal reasoning (ijtihad) in interpreting and applying Qur'an, Sunnah and other legal sources.

Maliki School - seeks to maintain the continuity of local customs and traditions within the framework of Islamic law. It also considers the consensus of scholars (ijma') as an important source of legal authority.

Shafi'i School - seeks to strike a balance between reason and tradition, and it places a strong emphasis on the words and actions of the Prophet Muhammad as a source of guidance.

Hanbali School - adheres strictly to the text and is often associated with a conservative approach to legal matters.

A. Enumerate  the sources of the Code of Muslim Personal Laws of the Philippines.

The sources of the Code of Muslim Personal Laws of the Philippines are the ff.:

The Qur'an

The Sunnah

Ijma

Qiyas

Istihsan

Istidlal

Istishab

Customary Law (Urf)

The Constitution of the Philippines

B. State the “conflict of provisions” rule under P.D. 1083.

The "conflict of provisions" rule under P.D. 1083 states that when there's a clash between it's rules and general laws, the code takes precedence. If the conflict involves special or local laws, those laws should be interpreted broadly to align with P.D. 1083. It's important to notes that the code applies exclusively to Muslims and doesn't negatively impact non-Muslims.

C. What branches of Muslim laws are included within the scope of Muslim Personal Laws?

As per P.D. 1083, Muslim Personal Law encompasses laws pertaining to personal status, marriage, diorce, matrimonial rights, family lations, succession, inheritance, and property relations between spouses.

What are the primary sources of Islamic Law? Discuss each briefly.

The Holy Quran -  the code of conduct laying down fundamental principles in all aspects of life.

Sunnah / Hadith - the actual explanation and practical demonstration of the Qur'an. 

Ijma - the consensus of the Muslim jurists of any particular period after the death of Prophet Muhammad concerning a legal ruling.

Qiyas - the application of new cases to the ruling of the original case when the Law is silent on the matter.

What are the classifications of human acts as grouped by Muslim jurists? Define each.

1. FARDH (Imperative):This act, established by the Qur'an and Mutawattir Hadith, carries rewards for compliance and punishments for omission in both this world and the hereafter.

2. WAJIB (Obligatory): Supported by Shariah evidence other than the Qur'an and Hadith Mutawattir, Wajib acts, like Fardh, yield rewards and lack absolute faith requirements. An example is giving alms for breaking the fast.

3. MANDUB (Recommendable): Acts in this category earn rewards, but their omission doesn't result in punishment. The Prophet is believed to have habitually performed these acts.

4. MUBAH (Permissible): Acts like walking, sleeping, or sitting fall into this category, where commission is rewarded, but omission isn't punished.

5. MAKRU (Reprehensible): The omission of these acts is preferable to their commission.

6. HARAM (Forbidden): Commission of these acts is punishable, while omission is rewarded.

7. AZIMA and RUKHSA: Azima (Ideal) pertains to general laws, while Rukhsa provides exemptions from these rules. For instance, drinking wine is generally prohibited (Azima), but one is permitted by law (Rukhsa) in case of duress.

8. HADITH: Technically, it refers to reports about the Sunnah of the Prophet, encompassing news, reports, or narrations.

A. What is the difference between a Sunna and a Qur’anic verse? Explain how each was revealed.

The difference between Sunna and a Qur'anic verse lies in their origin and nature. The Qur'anic verse is a divine order from Allah, while Sunna consists of the Prophet's words, actions, or deeds. The Qur'an is precise and recited in prayers, protected from corruption by Allah. In contrast, Sunna, derived from Hadiths, is susceptible to distortion.

B. Differentiate Sunna from Hadith.

Sunna is a way or rule, encompassing the Prophet's sayings and actions. Hadith, on the other hand, is a conveyed saying, containing historical elements and narrations of the Sunnah. Hadith serves as a record of eyewitness accounts related to the Prophet's actions and sayings.

C. Will  there be an instance    where    the rules of law of the Qur’an contradict the rules of the law of Sunna?    Explain.

No, the rules of the Qur'an and Sunna should not contradict. Sunna complements the Qur'an by explaining its verses, providing details, and clarifying general rules or exceptions. The conditions of Sunna dictate that it should align with the legal evidence found in the Qur'an.

A. Discuss the concept of naskh under Islamic Jurisprudence.

Naskh in Islamic Jurisprudence involves the suspension or replacement of one Shariah ruling by another. It occurs when conflicting rulings cannot be reconciled. Four possibilities for abrogation include the repeal of Qur'anic text by another, repeal of tradition by Qur'anic text, repeal of Qur'anic text by tradition, and repeal of tradition by another tradition.

B. Explain the application of naskh pertaining to the relationship of the Glorious Qur’an with previous divine revelations.

Naskh in the Qur'an involves the abrogation or cancellation of legal rulings from previous divine revelations. As Islam developed, some rulings were modified or substituted to accommodate the evolving needs of the Muslim community. The concept is grounded in the belief that the Qur'an is the final and most complete scripture, superseding earlier revelations.