2011 SHARI'A BAR EXAMINATION

JURISPRUDENCE (FIQH) AND CUSTOMARY LAWS (ADATS)

July 3, 2011 P.M. 2:00-5:00
I.

A. State the rule of Shariah (Islamic Law) on issue for which the lawgiver provides no specific rule. Explain your answer briefly. B. Show or illustrate the relationship of the following terms to one another: a. Islam b. Shariah c. Fiqh

II.

A. Shariah adopted two (2) methologies in Islamic legislation. What are these and define or explain each. B. Why is the Quran considered a complete code of conduct by the Muslim? Explain briefly.

Ill.

A. Define or explain the following terms: a. lbadat b. ltiqadat c. Muamalat d. adab e. Uqubat

B. Give the five (5) principles adopted by the Philippine Muslim Code Commission in the codification of the code of Muslim personal laws of the Philippines (P.O. 1083).

IV.

A Differentiate the following terms:

a. b. c. d. e. Waqf and ltibah Tapsir and T'awil Fiqh and canon ljtihad and Ray Sabab and Rukn

B. Give the three (3) kinds of tapsir used by the Muslim jurists on the correct understanding of difficult quranic verses.

JURISPRUDENCE (FIQH) & CUSTOMARY LAWS {ADATS)

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V. The Muslim jurists generally classified rights (Haq) into two (2):
A. Give the two (2) kinds of rights under the shariah, and define each.

B. In case of conflict between the two (2) rights, which one prevails? Discuss
briefly your answer.

VI.

"A" was slain and left several surviving heirs. His (A's) relatives amicably settled to a blood-money (AI-diyat) compensation for peace. A's relatives and children received their respective shares from the blood money. The wives despite their protest were excluded, being related only by affinity.
A. Is the protest of the wives valid? Explain briefly.

B. In the event that the wives are entitled to share from the blood money,
how much should be their share?

VII.
A. What are the essential requisites before "ADA" (custom) may be admissible as a binding rule of Law?

B. Give example of "ADA" (custom) generally given the force of law among the Muslim.

VIII.
A. Give the three (3) rules on repeal "nask" or Al-nasikh wa-al mansukh, of the Muslim Law.

B. May a Muslim Law repeal a Local Law? Explain briefly.

IX.
A.

What is meant by "AI-siyasa al-shariya or neo-ljtihad? Differentiate it from Siyasah at-Wadi.

Explain briefly.

B.

Some jurists claim that the door of "ljtihad," analytical deduction to formulate a rule of law is now closed. Do you agree or not? Explain your answer briefly.

X.
A. What is meant by "Shari' a value" or Hukm Sharai. Illustrate by example. B. What is the meaning and complimentary roles or purposes of Hukm Taklifi and Hukm Wadi? Give example of each.

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