ORAL RECITATIONS ON SEPTEMBER 25, 2023

I. a) What is the difference between Fiqh and Shariah?

ANSWER: Shari’ah and Fiqh may be distinguished as follows:

a) Shari’ah is the body of revealed laws found both in the Qur’an and in the
Sunnah; While Fiqh is a body of laws deduced from Shari’ah to cover specific
situations not directly treated in Shari’ah law;

b) Shari’ah is fixed and unchangeable; whereas fiqh changes according to the

circumstances under which it is applied;

c) The laws of Shari’ah are, for the most part general, they lay down basic
principles. In contrast, the laws of fiqh tend to be specific, they demonstrate
how the basic principles of Shari’ah should be applied in given
circumstances;

d) Shari’ah covers all human action; while fiqh deals only with what are
commonly understood as legal acts;

e) The path of Shari’ah is laid down by God and His Prophet, the edifice of fiqh
is erected by human endeavor;

f) In fiqh, an action is legal or illegal, permissible or not permissible. In Shari’ah,

there are various grades of approval or disapproval.

b) What is Shariah value (Hukm Shariah) and what are its kinds? Explain each of them.

ANSWER:
Hukm Shariah is liteally means “rule”, “injunction”, or “prescription”.
It means a communucation from Allah, related to the acts of the subjects through a
demand or option or through a declaration.
It the quality determined as a result of divine revelation, as when the fact of a human
act, like lying, being prohibited in the Shariah is its Shariah value.

ANSWER: The two kinds of Hukm Shar’i are Hukm Taqlifi and Hukm Wad’i.

Hukm Taqlifi or mandatory law may be defined as the law which defines the
characteristics of a man’s act, namely whether they are obligatory, forbidden,
commendable, improper, permissible, or which indicate the legal effects of an act.

Hukm Wad’i or declaratory law may be defined as the law which has been promulgated
as a reason, a condition, or a deterrent for actions, or which states whether these
actions are valid or void or whether they are allowed by concession or are permissible
from the start.

Hukm Taqlifi is one that enjoins the morally responsible individual to either do or to
refrain from doing an act, or gives him an option to do or refrain from it.
Hukm Wad’i is the one that emphasizes the connection between Hukm Taqlifi and the
reason or condition for its performance. It also indicates the reason or condition for its
non-performance.

1. The ahkam related to belief (I’tiqad), like the existence of Allah, His Oneness, the
truth of the mission of Prophet Muhammad, Belief in the Judgment, and so on.
2. The akham relating to acts (amal). (Physical acts: Salah, within the heart: love,
and speech)

FARDH or IMPERATIVE is an act which value has been established by the Qur’an and
Mutawattir Hadith. Performance of Fardh act leads to reward and its omission leads to
punishment in this world and in the hereafter.
WAJIB or OBLIGATORY is an act which value has been established by a Shariah evidence,
other than the Qur’an and Hadith Mutawattir. It has the same effect as the Fardh,
although Wajib need not be given absolute faith like Fardh. An example of this is the
giving of alms for the breaking of the fast.

MANDUB or RECOMMENDABLE is an act which its commission is rewarded although its

omission does not entail punishment. Acts which belong to this category are believed to
have been performed by the Prophet (pbuh) habitually.

MUBAH or JAIZ or PERMISSIBLE or INDIFFERENT is an act which its commission is

rewarded but its omission is not punished like walking, sleeping, sitting, and so on.

MAKRU or REPREHENSIBLE or ABOMINABLE is an act which its omission is preferable

than its commission.
HARAM or FORBIDDEN is an act which its commission is punishable and its omission is
rewarded.

II. a) Give the four (4) sources of Islamic Law (Adilla al Shariah)

ANSWER: The primary sources of Islamic law are as provided as follows:

a) The Holy Qur’an;

b) The Sunnah or Hadith;
c) Ijma; and
d) Qiyas.

b) How, where and when was the Qur’an revealed?

Prophet Muhammad SAW said the revelation came like a ringing of a bell and
sometimes the Angel Jibreel (AS) comes in the form of a man. In the cave of Hira on a
mountain Jabal An-Nur near Makkah.
The revelation of Qur’an began in Lailatul Qadr on the 27th, other jurists believe it was
17th day of Ramadhan around 610 A.D., when during his seclusion and Prophet
Muhammad SAW was 40 years of age.
III. a) Distinguish between a Hadith and a verse of the Glorious Qur’an

ANSWER:
Qur’an and Hadith may be distinguished as follows:

a) Quran is the word of Allah, it is divine order, the dictates of Almighty; whereas the
hadith are the words of the Messenger Muhammad (At) who is a human being.
b) Quran is reported in its precise wording; while hadith is not necessarily reported
in their precise wording.
c) Quran is preserved and protected by Allah from any corruption; however hadith is
subject to distortion, not protected against corruption.

b) What are the kinds of Sunnah with respect to its transmission?

ANSWER: According to the manner of transmission (Isnad), Sunnah are classified in the
following ways:

1. Hadith Mutawattir (Continous) -one that is continuously recurrent and reported

by an indefinite number of people.

2. Hadith Mashur (Well known) – one reported by one, two or more Companions or
from another companion and the diffusion of the report must have taken place
during the first or second generation following the demise of the Prophet, not
later.

3. Hadith Ahad (Isolated) - one reported by one person

IV. a) What are the four (4) orthodox (Sunni) Schools of Muslim Law?

1- The Hanafi Madhab is named after its founder Abu Hanifah whose actual name
was Nu’man ibn Thabit. He taught at the age of 40 years and became the most
outstanding scholar in Kufah. He was considered as a minor tabi’un because he
had met few of the Sahabah and had related some Hadith from them, and had
written the book al-Risalah. Proponents of this school are known as “what-iffers”
or “Ahl ar-Ra’y”. Hanafi Madhab developed the principles of Istishab.
2- The Maliki Madhab is named after Malik ibn Anas ibn ‘Amir, a madinan native. He
largely limited himself to the knowledge available in Madina. He taught Hadith for
40 years and had managed to compile a book entitled al-Muwatta. His teaching
was based on Hadith. He strictly avoid speculation and hypothetical Fiqh thus they
referred to as the people of Hadith (Ahl al- Hadith). He also applied Istihsan except
that they called it Istislah.
3- Shafi’i school was named after Muhammad ibn Idres ash-Shafi’i. He had study
Hadith under Maliki and students of Hanafi. He is the first to systematize the
fundamental principles of Fiqh which he recorded in his book ar-Risalah. He
rejected Istihsan and Istislah and considered them a Bid’ah, rather he use the
principle of Istishab.
4- Hanbali School is attributed to Ahmad ibn Hanbal ash-Shaybanee. He studied
under the students of Imam Hanafi, as well as under Imam Shafi’i himself. He had
collected a book known as al-Musnad. Bukhari and Muslim were among his
famous students.
 b) State and explain the three (3) kinds of mujtahid.

MUJTAHID – is an independent jurist who is qualified to derive the law and is under an
obligation to follow his own opinion.

(1) MUJTAHID FI SHAR’ or FULL MUJTAHID is one who met all the requirements to
exercise Ijtihad and is not restricted by the rules of particular Madhad.
(2) MUJTAHID FIL MADHAB or MUJTAHID WITHIN THE SCHOOL is one who expounds
the law within the boundaries of a particular Madhab and principles laid down by his
Imam.
(3) MUJTAHID FIL MASA’IL or MUJTAHID ON PARTICULAR ISSUE is one who applies law
in particular cases which are not settled by the jurists of the first and second rank.

V. a) Explain the following Islamic maxims:

(1) Necessities or Darurah make forbidden things canonically harmless.

ANSWER: Necessities or Darurah make forbidden things canonically harmless means

that when in a state of necessity prohibited things renders permissibility; e.g., to drink
wine when lost in wide desert where there is no water to drink and there is a
possibility that one will die of thirst is permitted.

(2) The smaller of the two harms is chose.

ANSWER: The smaller of the two harms is chosen means when in a state of emergency
or urgency, the less harmful act may be done to avoid a severe one; e.g., to destroy
some houses to prevent fire from spreading and causing more destruction.

(3) Hardship or mashaggah causes the giving of facility.

ANSWER: Hardship or Mashaggah causes the giving of facility means that difficulty
mitigates
liability, e.g., stealing fruits from an orchard because of hunger.
VI. a) What are kinds of revelations of the Prophets sent prior to Prophet Muhammad
saw still applicable or binding upon us? Explain

b) Distinguish between:

1) Hadith Qudsi and the ordinary hadith;

ANSWER: Hadith Qudsi and an ordinary Hadith may be distinguished as follows:

a) Hadith Qudsi is as to the meaning from Allah, as to the wordings from the
Prophet; whereas an ordinary Hadith implies the narration record of the Sunnah
and also contained historical elements;
b) In Hadith Qudsi it is Allah that has communicated to His Prophet through
revelation or in a dream; In ordinary Hadith it is a saying conveyed to man either
through hearing or revelation;
c) In Hadith Qudsi the Prophet has communicated it in his own words; while in
ordinary Hadith it is the story of an eyewitness concerning what the Prophet said,
did, or tolerated in connection with a certain situation or occurrence.

2) Hadith Qudsi and a verse of the Qur’an

ANSWER:
a) In the Holy Qur’an the precise wording is from Allah; while in the Hadith Qudsi the
wording is given by the Prophet Muhammad;
b) The Holy Qur’an has been brought to Muhammad only by Angel Jibreel, while
Hadith Qudsi may also have been inspired otherwise, such as dream;
c) The Holy Qur’an is inimitable, unique and protected by Allah but not so the Hadith
Qudsi;
d) The Holy Qur’an is divided into chapters and verses. There is no such organization
to Hadith Qudsi;
e) Hadith Qudsi cannot be recited in prayer, as the Holy Qur’an is; and
f) There is a specific reward for reciting each letter in the Holy Qur’an, while reward
for reading Hadith Qudsi is general.

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

ANSWER: The kinds of legislations during the lifetime of Prophet at Medina are as
follows:

a) Divine Legislation;
b) Legislations by percepts or by examples; and
c) Legislation by the spirit of the law.

Divine Legislation refers to the legistation from Allah revealed through Angel Abreel
(Gabriel) (AS) to Messenger Muhammad. (Those Hudud punishment prescribed by Allah
for the crimes of fornication, false accusation).

Legislation by percepts or examples by Prophet Muhammad, in his words, deeds and

acquiesces, under divine inspiration, it means legislation made by Messengers Sunnah.
The punishment, adultery which is stoning to death or the prohibition of unlawful
conjunction (ie. marriage of two sisters or aunt and niece simultaneously) are
established by percepts of Messenger Muhammad.

Legislation by sprit of the law or by the extension of the original text (Qur’an and
Hadith) through Ijtihad (exercise of one's reasoning), or indivdual opinion (fatwa) that
later on received common consensus (Ijma) of the community or those in authority such
as judge (Qadi) of the diferent provinces appointed by the Messenger ( himself as in the
case of Muadh Ibn Jabal whom he appointed as governor of Yemen, which resulted to
Ijtiha was exerted and praised by the Messenger

b) Explain the rules on transmission of Ijma. Can the Muslim Filipinos of today
make their own Ijma?
ANSWER: The transmission of the Ijma starts once the Muslim scholars are called to
unitetheiropinionsonthequestionraised.Oncetheunanimousdeclarationismade on the
matter, it becomes binding on everyMuslim, including the Mujtahid who took part in it.
Hence, it is no longer open to anyone of them to express dissent.
ANSWER: Yes. Muslim Filipinos of today can make their own Ijma provided all the
requisites or a condition of a valid Ijma are complied with.
VIII. a) Explain the gathering, compilation or codification of the Qur’an:

1. During the lifetime of Prophet Muhammad (saw);

Two things were taken for the gathering and codification of the verses of Qur'an:
1. Compilation of the Qur'an in the chests or heart of the Prophet Muhammad
(saw)and used to recite the Qur'an before Angel Jibreel AS once every Ramadan,
but he recited it twice in the last Ramadan before his death. The Muslims were
also engaged themselves in memorizing the Qur'an. Each verse received was
recited by the Prophet and its location relative to other verses and Surahs was
identified.

2. Compilation of the Qur'an by writing them in pages. The verses were written by
scribes, selected by the Prophet, on any suitable object – leaves of trees, piece of
wood, parchment, or leather or flat stones. Scribers included Ali bin Abu Talib,
Mu’awiyah bin Abu Sufyan, Ubay bin Kaab and Zaid bin Thabit. Some of the
companions wrote the Qur'an for their personal use.

2. Qur’an under the leadership of Abu Bakr RA

Umar bin Khattab urged Abubakr to preserve and compile the Qur’an. This was
prompted after the Battle of Yamama, where heavy casualties were suffered among the
memorizers of the Qur’an. Abubakr entrusted Zaid bin Thabit with the task of collecting
the Qur'an. Zaid had been present during the last recitation of the Qur'an by the Prophet
to Angel Jibreel AS. Zaid, with the help of other companions who memorized and wrote
verses of the Qur’an, accomplished the task and handed Abubakr the first authenticated
copy of the Qur'an. The copy was kept in the residence of Hafsah, daughter of Umar and
wife of the Prophet.

3. Qur’an under the leadership of Uthman

Uthman ordered Zaid bin Thabit, Abdullah bin Zubair, Said bin As and Abdulrahman
bin Harith to make several copies out of the authenticated copy kept by Hafsah. This was
due to the rapid expansion of the Islamic state and concern about differences in
recitation. It was incited at Battle of Armenia, the Muslims read the Qur’an in various
modes. Some accused another of unbeliever. Copies were sent to various places in the
Muslim world. The original copy was returned to Hafsa and kept in Medina.

XI. a) Explain the rules on abrogation.

ANSWER: Abrogation (Naskh) literally means obliteration, transcription or transfer. It is

also defined as the suspension or replacement of one Shari’ah ruling by another,
provided the latter is of subsequent origin, and the two are in conflict with one another
and it is not possible to reconcile them or when the latter law expressly repealed the
former. If it is not possible to know which of them is first, another important rule in such
a case which is to be kept in view is that both the repealed and the repealing texts must
be revealed.

Rules on Abrogation.
In the context of Muslim law and jurisprudence, there are four general possibilities when
a question of abrogation or repeal may take place, and these situations are:
1. The repeal of the Quranic text by another;
An example of this is the verse which deals with intoxicants, at one
stage,theuseofitwasdiscouragedduetoitsbadeffects.Inalaterverse, intoxicants were finally
declared to be prohibited.
2. The repeal of tradition by Quranic text;
An example of this is the change of Qiblah or direction of prayers wherein the Prophet
used to turn his face in the direction of Jerusalem which lasted for some time until a
Qur’anic verse was revealed, directing the Muslims to face Ka’aba while performing their
prayers.
3. The repeal of the Quranic text by tradition; and
An example of this is the making of a will to an heir quoted in the Qur’an which has been
repealed by the hadith “no will to an heir”.
4. The repeal of tradition by another tradition.
An example of this the prohibition by the Prophet (pbuh) of visiting graves in his earlier
precepts, but since permission has been given to him to visit the grave of his mother, he
allowed people to do so.
Accordingly, the reason behind the repealed laws is that what may be good
forthepeopleofoneagemaynotbegoodforthepeopleofanotherage.SinceIslamic law
believes in convenience, the purpose is convenience to the community and the
progressive implementation of Islamic principles and to blend these theories and
principles putting the circumstances of the time.

b) Explain the following principles of legislation:

1. Istihsan

ANSWER: Istihsan is rendered in English as Juristic preference. The literal meaning of

Istihsan is preferring or considering a thing to be good. Juristically, it is a method of
exercising personal opinion in order to avoid rigidity and unfairness that might result
from the literal enforcement of the existing law.
 2. Istislah

ANSWER: Istislah is consideration of public interest or welfare. It is a method of

deduction of law based on general consideration of the public good. More technically, it
is defined as consideration which is proper and harmonious to the objectives of the
Lawgiver; it secures a benefit or prevents harm. It is also defined as the establishment of
legal principles or Hukm, which is recommended by reason of being advantageous.

3. Istishab

ANSWER: Istishab literally means association, escorting or companionship and

permanency aws introduced by Imam Shafi’i. Technically, it is used to denote that things
whose existence or non- existence had been proven in the past should be presumed to
have remained as such for lack of establishing any change. Thus a practice once proved
to be widespread may be presumed to be ancient and continuing. It is called istishab al-
hal, if the present is judged according to the past, and istishab al-mal, if the converse is
the case. The principle of istishab is a limited principle. It only apply to cases where there
is no evidence obtainable, and at best establishes the continuance of a fact in existence,
which was already proved to have existed..

4. Sunnah of the Companion

5. Custom (URF)

ANSWER: Custom (URF) literary means that which is known. It is defined as the
recurring practices which are acceptable to the people of sound nature. Technically, it
refers to those which people or section thereof have become accustomed to doing.
Majority of the jurists use Urf and Adat synonymously.

1. Istihsan(Juristic preference).
2. Istislah / al masalih al murslah / maslaha.
3. Istishab (presumption of continuity)
4. Sunnah of the Companion.
5. Custom (Urf).

X. a) Distinguish between Qiyas and Ra’y.

ANSWER:
Qiyas is analogical deduction or reasoning.
Qiyas- means measuring or estimating one thing in terms of another.
In the literal sense Qiyas means comparing.
The root meaning of the word Qiyas is measuring, accord and equity. In the legal sense,
it is a process of deduction by which the law of a text is applied to cases which, though
uncovered by language, are covered by reason of the text. Technically, it is the extension
of a Shari’ah value from the original case (asl) to a new case (far’) because the latter has
the same effective cause (illath) as the former;
while Ra’y is known as an individual unguided opinion of a Muslim.
b) Explain the four (4) conditions and requisites of Qiyas

ANSWER: The conditions and requisites of Qiyas which analogy is made up are as
follows:

a) The origin or the root (Asl). This is the text either of the Qur’an or the traditions on
which a ruling is given and which analogy seeks to a new case;

b) The Law (Hukm). This is the law laid down in the text which is to be extended to
the new case;

c) The branch (Far’). It is the particular case on hand to which the law embodied in
the text is to be extended;

d) The effective cause (Illath). This is an attribute of the Asl and it is found to be in
common between the original and the new case.