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INTRODUCTION TO SHARI'AH LAW

• The advantages of learning Shari'ah or its incorporation to the


curriculum of the College of Law at Jose Maria College:
• 1. Shari'ah is now part and parcel of the Philippine legal system,
• 2.Shari'ah is a good instrument in dealing with the Mindanao
problem,
• 3. Shari'ah is a global legal system being applied by the almost to
billion Muslim all over the globe,
• 4. Shari'ah is the best legal instrument in dealing with the ASEAN
legal system being applied by all Muslim countries in South East
Asia.
• SHARI'AH LAW:
• Introduction to Shari'ah and its incorporation to the
Philippine legal system
• The scope of the subject are:
• 1. The basic principles and sources of Shari'ah and fiqh (Islamic
Jurisprudence),
• 2. The evolution of fiqh (Islamic Jurisprudence) and the historical
development of the five (5) Muslim schools of law,
• 3. The historical development of Islamic law in the Philippines and
its incorporation to the Philippine legal system
• 4. The provisions of the PD1083 (Code of Muslim Personal Laws
of the Philippines) and the administration of the Shari'ah courts as
part of the Philippine Judicial System.
Research assignment about the historical
development of the five (5) Muslim schools of law
(Madhahib).
• The Five Muslim schools of law are as follows:

• 1. The Hanafi school of law ( Founder: Imam al-Nu’man ibn Thabit (Abu
Hanifa) (80H to 150H)
• 2. The Maliki school of law (Founder: Imam Malik ibn Anas (93H to 179H)
• 3. The Shafi’I school of law ( Founder: Imam Muhammad ibn Idris al-Shafi'i)
150H to 198H
• 4. Hambali school of law (Founder: Imam Ahmad ibn Hanbali (164H to
241H)
• 5. The Ja’fari school of law (Founder: Imam Ja‘far ibn Muhammad al-Sadiq
(83H to 148H)
• A. The Hanafi School of Law ( Founder: Imam al-Nu’man ibn Thabit (Abu
Hanifa) (80H to 150H)

• 1. The life of Imam al-Nu’man ibn Thabit (Abu Hanifa)


• 2. The evolution of the Hanafi School of Law
• 3. The Legal principles expounded by the Hanafi School
• 4. The meaning and application of Qiyas (Analogical deducation) and
Istishan) Juristic preference under the Hanafi School
• 5. The Order of sources of Islamic law used by the Hanafi School in
resolving legal question.
• 6. The countries in which the followers of the Hanafi schools of law can be
found
• B. The Maliki School of Law (Founder: Imam Malik ibn Anas
• (93H to 179H)

• 1. The life of Imam Imam Malik ibn Anas


• 2. The evolution of the Maliki School of Law
• 3. The Legal principles expounded by the Maliki School of Law
• 4. The meaning and application of maslahah mursalah (consideration
of public interest) under the Maliki School
• 5. The meaning and application of the custom of the madenites.
• 6. The Order of sources of Islamic law used by the Maliki school in
resolving legal question.
• 7. The countries in which the followers of the Maliki schools of law can be
found
• C. The Shafi’I school of law ( Founder: Imam Muhammad ibn Idris al-Shafi΄i)
150H to 198H

• 1.The life of Imam Muhammad ibn Idris al-Shafi΄I


• 2.The evolution of the Shafii School of Law
• 3.The legal principles expounded by the Shafi’I School of Law
• 4. The meaning and application of istishab (presumption of continuity)
according to the Shafi’I school.
• 5.The order of sources of Islamic law adopted by the Shafi’I School
• 6.The countries in which the followers of the Shafi’I school of law an be
found.
• D. Hanbali school of law (founder: Imam Ahmad ibn Hanbali
• (164H to 241H)

• 1.The life of Imam Ahmad Ibn Hanbal


• 2.The evolution of the Hanbali school of law
• 3.The legal principles expounded by the Hanbali school of law
• 4.The order of sources of Islamic law adopted by the Hanbali School.
• 5.The meaning and application of hadith daif (weak hadith) under the
Hanbali school of law.
• 6. The countries in which the followers of the Hanbali school of law can be
found.
• E. The Ja’fari school of law (Founder: Imam Ja‘far ibn Muhammad al-Sadiq
(83H to 148H)

• 1.The life of Imam Ja‘far ibn Muhammad al-Sadiq


• 2.The evolution of the Ja’fari School of Law
• 3.The Legal principles expounded by the Ja’fari School of Law
• 4.The meaning and application of 'aql (human reasoning) under the Ja’fari
School of law
• 5. The Order of sources of Islamic law used by the Ja’fari school of law in
resolving legal question.
• 6. The countries in which the followers of the Ja’fari school of law can be
found.
The main reasons for the conflicting rulings of the
Muslim schools of law, such as:
• 1. Word meanings
• 2. Narrations of hadiths
• 3. Admissibility of certain legal principles
• 4. Methods of Qiyas (Analogical deduction)
• Suggested references (Books)

• 1. Ali, Anshari P. The Evolution of Islamic Law in the Philippines: History, Texts and Analysis.
General Santos City: Mindanao State University, 2009.

• 2. Arabani, Bensaudi I. Commentaries on the Code of Muslim Personal Laws of the


Philippines with Jurisprudence and Special procedure. Manila: Rex Book Store, 1990.

• Kamali, Muhammad Hasim. The Principles of Islamic Jurisprudence. Malaysia: Pelandok


Publication (M) Sdn. Bhd, 1995

• Philips, Abu Ameenah Bilal. The Evolution of Fiqh: Islamic Law & The Madhabs. Saudi
Arabia: International Islamic Publishing House, 1988.

• The PD1083 (Code of Muslim Prsonal Laws of the Philippines)

• Note: The topics about the Five Muslim Schools of Thought are available or can be searched
thru Internet webcites.
• Suggested reading materials (Articles):
• 1. Ali, Anshari P. Ali, “The Legal Impediments to the Application of
Islamic Family Law in the Philippines,” in the Journal of Muslim
Minority Affairs, Vol. 27 No.1. London: April 2007.
• 2._____________, “Secularism in the Appliation of Islamic Family
Law in the Philippines,” in Al-Shajarah: Journal of the International
Institute of Islamic Thought and Civilization, Vol 7 No.1. Malysia:
2002
• 3. _____________, “Islamic Family Law in the Philippines: A
Historical Survey,” in Al-Shajarah: Journal of the International
Institute of Islamic Thought and Civilization, Vol. 6 No. 2.
Malaysia: 2001.