Republic of the Philippines

Supreme Court
Manila

SYLLABUS
FOR
ISLAMIC JURISPRUDENCE (FIQH) AND
CUSTOMARY LAWS (ADAT)

A. Introduction

1. Islam

a. Definition

b. Islam’s Holistic Approach covering Religious, Social, Economic, and

Legal Dimensions

2. Fundamentals of Islamic Legal System

a. Purpose of Creating and the Role of Man As Allah’s Vicegerent on

Earth

b. Humanity’s Role as Stewards of the Earth

c. Etymology and Principles of Islam, Iman, and Ihsan

d. Definitions and Significance of Islam (Submission), Iman (Faith), and

Ihsan (Excellence)

e. The Five Pillars of Islam:

1. Shahada (Faith)
2. Salah (Prayer)
3. Zakat (Charity)
4. Sawn (Fasting)
 5. Hajj (Pilgrimage)

f. The Six Articles of Faith: Belief in Allah (God), Angels, Prophets,

Revealed Books, Day of Judgment, and Qadar (Divine Decree)

g. Definitions, Objectives, and Differences of Shari’ah and Fiqh

h. Importance of Shari’ah in Islam

B. Primary and Secondary Sources of Islamic Laws

1. The Qur’an Authority and Interpretation

a. Qur’an as the Primary Source of Islamic Law

b. Revelation of Qur’an

2. The Sunnah: Role and Types (Hadith, Practice of the Prophet)

a. Sunnah as an Explanation and Complement of the Qur’an

b. Classification

3. Ijma’ (Consensus): Definition, Authority, and Type

a. Scholarly Consensus as a Source of Law

4. Qiyas (Analogy): Concept, Methodology, and Application

a. Using Analogy to Apply Rules to New Situations

5. Other Sources; Istihsan, Istislah, ‘Urf, Maslahah, and Sadd-Adzari’ah

a. Legal Reasoning Based on Public Interest and Community Interest

6. The Relationship between Qur’an and Sunnah

C. Abrogation (Naksh)

1. Sources of Islamic Law

a. Naksh as Methodology
b. Use of Abrogation to Adapt to Legal Rulings
c. Qur’anic and Hadith Abrogation
d. Verses and Hadith Considered Abrogated or Modified

2. Legal Methodology
 a. Role in Legal Reasoning
b. Impact of Abrogation on Interpretation and Application
c. Historical Context
d. Early Islamic Jurisprudence’s Understanding and Application of
Abrogation
e. Examination of Modern Perspectives on Abrogation

3. Controversies and Debates

a. Criticism and Modern Perspectives

b. Contemporary Debates on the Scope and Application of Abrogation
c. Examination of Modern Perspective and Abrogation

D. Historical Development on Islamic Jurisprudence

1. Early Islamic Jurisprudence (7th–8th Century CE)

a. Prophet Mohammad’s Era (610–632 CE): Context, Key Events

b. Development of Legal Principles During the Prophets Time
c. Immediate Successors (632–661 CE): Key Developments
d. Legal Advancements During the Rashidun Caliphate

2. Classical Period (8th–13th Century CC)

a. Formation of Major Schools of Thought: Hanafi, Maliki, Shafi’i,

Hanbali
b. Key Contributions of Classical Jurists
c. Codification and Commentary: Major Works
d. Significant Legal Texts and Commentaries from this Period

3. Modern Period (14th–21st Century CE)

a. Colonial Era and Reform Movements: Muhammad Abduh, Rashid

Rida
b. Reformist Approaches and their Impact on Islamic Jurisprudence
c. Contemporary Developments: Modern Challenges,
Scholarly
Contributions
d. How Modern Scholars Address Current Legal Issues
e. Integration with Secular Systems: Legal Pluralism, International
Organization
f. The Interaction of Islamic Law with Global Legal Systems

E. Usul al-Fiqh (Principles of Islamic Jurisprudence)

 1. The Advent and Development of Islamic Law: Historical Periods

a. Evolution of Legal Principles from the Early Period to Classical Times

2. Definition and Scope of Usul al-Fiqh

a. The Foundations and Methods of Islamic Jurisprudence

3. Hukm Shar’i: Elements, Types, Theories, and Application

a. Type of Legal Rulings: Obligatory, Recommended, Permissible,

Disliked, and Forbidden

4. Ash-Sharī‘ah al-Islāmiyyah wa As-Siyāsah ash-Shar‘iyyah

a. Distinguishing Between Divine Laws (Shari’ah) and Public Policy

(Siyasah Shar’iyyah)

5. Key Principles: Ijtihad, Taqlid, Istishab

a. Ijtihad: Independent Juristic Reasoning

b. Use of Reasoning to Derive Legal Rulings
c. Taqlid: Adherence to Established Legal Rulings Without Independent
Reasoning
d. Following the Established Rulings of a Particular School of Thought
e. Istishab: Presumption of Continuity
f. Discussion of Legal Presumption

6. Methods of Legal Reasoning and Derivation of Rulings

a. The Process of Deriving Reasoning and Derivation of Rulings through

Various Methods including Qiyas and Istihsan

7. Factors of Disagreement Among the Ulamah

a. Reasons for Different Opinions Among Scholars

b. Ash-Sharī‘ah al-Islāmiyyah wa As-Siyāsah ash-Shar‘iyyahLegal
Maxims and their Application in Various Contexts
c. Overview of Legal Maxims

F. Islamic Legal Maxims and their Application

1. Introduction to Islamic Legal Maxims (Al Qawa’id al-Fiqhiyyah)

a. The Use of Maxims to Apply Legal Principles Across Various Cases

 b. Five Major Legal Maxims:

i. “Al-Yaqīn Lā Yazūl bil-Shakk” (Certainty Is Not Overruled by

Doubt)

1. Certainty about Legal Rulings is not Negated by Doubt

ii. “Al-Darurat Tubih al-Mahzurat” (Necessity makes the

Prohibited
Permissible)

1. Allowances Made in Cases of Necessity

iii. “Al-Mashaqqah Tajlib al-Taysir” (Hardship Begets Facility)

1. The Principle that Difficulty in Performing a Duty May Lead to

Ease in Execution.

iv. Al-‘Umūm Yufassaru bil-Khāṣ (General Rules are Explained by

Specific Cases)

1. General Legal Principles Clarified by Specific Instances

v. “Al-Mutaghayyirāt Tuḥsan bi al-Ḥukm al-Taqdīrī” (Changes in

Conditions Affect Legal Rulings)

1. Ruling May Change Based on the Context and Circumstances

2. Legal Fiction: Qur’anic Basis, Meaning, Classification,

Examples

a. Legal Fictions Used to Address Issues Not Explicitly

Covered
in Texts

3. Custom (Ada) or usage (Urf): Meaning, Qur’anic Basics,

Classification, Conditions

a. The Role of Custom and Usage is Shaping Legal

Rulings

G. Contemporary Issues: Ijtihad and Modern Developments

1. Introduction to Contemporary Issues: Ijtihad and Modern Developments

 a. Modern Challenges Faced by Islamic Jurisprudence and Modern
Developments

2. Financial Transactions and Islamic Banking: Principles, Digital

Currencies

a. Principle of Islamic Finance including Prohibition of Riba (Interest)

and Application of Ijtihad in Addressing Them

3. Bioethics and Medical Issues: Organ Transplantation, Genetic

Engineering

a. Islamic Perspectives on Bioethical Issues, such as Organ Donation and

Genetic Modifications

b. Discussion on Medical Ethics

4. Gender and Family Law: Women’s Rights, Marriage, Divorce

a. Islamic Laws regarding Marriage, Divorce, and Women’s rights

5. Human Rights and Social Justice: Human Rights, Social Justice

a. Integration of Islamic Principles with Human Rights and Social

Justice Issues

6. Technology and Digital Law: Digital Privacy, Cybercrime

a. Addressing Modern Issues related to Technology and Digital Privacy

with Islamic Legal Frameworks

b. Examination of Digital Issues

2. Concept and Definition (Article 14)

3. Essential Requisites

a. Legal Capacity (Article 16, relate to Republic Act No. 11596)

b. Betrothal
c. Option of Puberty (Khiyar al Bulugh)

4. Marriage Ceremony (Articles 17–19)

5. Subsequent Marriage (Article 27, relate to Article 162)

a. Conditions
b. Role of the Agama Arbitration Council

6. Unlawful Conjunctions

7. Mixed Marriages

a. Between Muslim Male and Non-Muslim Female

b. Between Muslim Female and Non-Muslim Male
8. Prohibited Marriages (Articles 24–26)

9. Validity and Effects of Marriage

a. Cooling Off period (Idda) (Article 29, Articles 56–57)

b. Valid Marriages
c. Void Marriages
d. Irregular Marriages
e. Ṭalāq Bā’in Kubrā (Article 30)

i. Vitiated Consent by Violence, Intimidation, Fraud, and Deceit

or
Misrepresentation (relate to Article 16[3])
ii. Condition of Death-Illness (marad-ul-maut)
iii. State of ihram (Article 7[d])

10.Rights and Obligations (Articles 34–36, Article 44)

11.Property Relations Between Spouses (Articles 37–43)

a. Regime of Property Relations

b. Marriage Settlement (Article 39)
c. Exclusive Properties
d. Ownership and Administration of Property

12. Dissolution of Marriage