Shariah 1 54
Shariah 1 54
Shariah 1 54
Jurisprudence – the knowledge of the law - To decide the cases of disputes, the
which in its generic sense includes the entire Arabs had a confederation of “Hill fall
body of the legal doctrine. Fardul.”
▪ Sometimes the chief of the tribe
Jurisprudence is divided into three parts: was assisted in the discharge of
First – Legal History his duties by council of elders.
Purpose: to set forth the historical process whereby any Within the limits of his tribe, orders
legal system came to be what it is or was. and decisions were enforced not
Second – The science of legislation by any fixed machinery at his
disposal but by force of public
Purpose: to set forth the law, not as it is or has been, but opinion.
as ought to be. It deals future, and with the purposes ▪ The procedure that used to be
for which it exists.
adopted when a dispute or claim
Third – The legal exposition had to be decided was to call
upon the plaintiffs to adduce
Purpose: to set forth the contents of an actual legal
system as existing at anytime whether past or present. proof in support of his claim. If
he has no witness, the defendant,
Fiqh – which is considered the legislation in case he denied the charge,
proper of the Muslim law. would be given the oath, and if he
took it, he would be absorbed
Substantive law – “The Code of Muslim
thereby from liabilities. Oath
Personal Laws of the Philippines”.
formed an important part of the
“Islamic Law is the epitome of the Islamic way of life, procedure in setting dispute.
the kernel of Islam itself. “
- Prof. J. Schacht
A form of marriage which has been sanctioned
by Islam, namely a man ask another for the
CHAPTER I hand of the latter’s ward or daughter, and
HISTORICAL BACKGROUND then marries her giving her a dower.