Q. 1.

Having filed a complaint before the Shariah District Court (SDC), plaintiff Amjadil was
assessed by the Clerk of Court to pay PHP 7,000.00 as docket fees. However, it turned out that
there is deficiency if PHP 5,000.00 in the payment of the correct docket fees.

1.A Did the SDC lose jurisdiction over the subject matter of the complaint due to the deficiency
in the payment of the correct docket fees? 5%

A. No. The SDC does not have jurisdiction over the Subject matter yet.

Under the Rules of Court which is a suppletory law to the Special Rules of Procedure in
Shariah Courts, the court will acquire jurisdiction over the case upon full payment of the
prescribed docket fees.

In the case at bar, Amjadil was assesed by the Clerk of Court and yet to pay 7,000.00 for
the docket fees, however, it turned out that the assessment of the Clerk of Court was deficient
of 5,000.00. In order for the SDC to take cognizance of the case, the plaintiff shall first pay the
docket fees in full. Hence, the SDC will not lose jurisdiction over a case in which the court has
not acquired jurisdiction yet.

1.B. Should Amjadil pay the balance even though the deficiency in the payment of docket fees
was attributable to the error of the Clerk of Court? 5%

B. Yes. Amjadil shall pay the balance even though the deficiency in the payment of docket
fees was attributable to the error the of clerk of court.

The rules of court provide which a suppletory law to the Code of Muslim personal laws.
the court will acquire jurisdiction over the case upon the full payment of prescribed docket
fees.

In the case at bar, Amjadil have yet to pay the deficient docket fees and in order for the
court to acquire jurisdiction over the subject matter the plaintiff must pay the docket fees
in full even the error was attributable to the Clerk of Court. Thus, the full payment of the
prescribed docket fees of the plaintiff will cause the court to acquire jurisdiction over the
subject matter.

2. Hussein is a pauper who executed a bequest of PHP 1million in favor of Edris.

2a. Discuss the enforceability of such bequest. 3%

A. The bequest of 1 million by hussein is not enforceable because of the fact the he is a pauper.
provided thereof that the bequest is valid it shall not be more that one third of his estate
and shall be ratified by his heirs.
2b. Explain the qualifications of a person allowed to make a bequest. 2%

B. the qualification of a person allowed to make a bequest are the following; the person
making a bequest must be of sound and disposing mind; not expressly prohibited by islamic
law; and persons of either sex it must be of legal age.

3. Jeremy and Gregorio are both Muslim Converts who are residents of Iligan City. In 2008 Jeremy
bought a parcel of land located in Iligan City, for which a Transfer of Certificate of Title was
issued in his name. In 2018, Gregorio claimed ownership over the parcel of land registered in the
name of Jeremy. Gregorio began to advertise the parcel of land for sale or for lease to any interested
buyer or lessee. This impelled Jeremy to file before the fourth Shariah District Court in Marawi
City a complaint for quieting a title. Jeremy averred that the acts of Gregorio have a cast a cloud
of doubt on his title. Gregorio hired Atty. Eddie who filed an answer with special affirmative
defense anchored on lack of jurisdiction. In his special affirmative defense. Gregorio asserted that
an action for quieting of title is outside the jurisdiction of SDC. After hearing on the Special
affirmative defense, the SDC ruled that it has jurisdiction thereover. However, while the case is
pending, Gregorio reverted to Christianity. Ensuingly, Atty. Eddie filed a motion to Dismiss the
complaint as the reversion of Gregorio to Christianity is a supervening event that effectively ousts
the SDC of its jurisdiction.

3a. Does the SDC have jurisdiction over the complaint for quieting of title filed by Jeremy? 5%

A. YES. The SDC have jurisdiction over the complaint for quieting of title filed by Jeremy.

The special rules of procedure provides that shariah district courts shall have original
jurisdiction over cases of real actions wherein parties involved are muslims.

In the present case Jeremy filed the case of quieting of title against Gregorio at shariah
district court of marawi city at the time wherein both parties are muslim. The SDC have
already taken cognizance of the case even before gregorio reverted to christianity. Hence,
the reversion of gregorio is not a bar for the shariah district court to lose its jurisdiction
over the case.

3b. Is the motion to dismiss meritorious? 5%

B. No. the motion to dismiss is not meritorious.

The special rules of procedure of Shariah Courts substantially provides that one of the
original jurisdiction of Shariah District Courts are cases of real actions and a motion to
dismiss is one of the prohibited pleadings therein.

In the case at bar, the case filed against Greogrio was already in trial even before the his
reversion to christianity and having reverted to chiristianity is not a supervening event for
 the SDC to lose its jurisdiction over the case. Moreover, a motion to dismiss is one of the
prohibited pleadings in the shariah courts. Hence, the motion to dismiss is not meritorious.

4a. What is meant by doctrine of correction (tas’he al mas’ala)? State the Qur’anic basis, if any.
5%
A. The doctrine of correction (tas'he al mas'ala) if the portions allotted to the heirs cannot be
distributed as such according to their number, or the number of heirs does not correspond
with the number of portion, resolution of the agreement is necessary.

4b. Explain fully the concept of Al Gharawaini (Umariyattan case). Illustrate the two distinct
applicable situations. 5%

B. The concept of Al Gharawaini signifies the two cases decided by caliph Umar. this term
refers to the share of mother as 1/3 of the residue whenever concurs with the father and any
of the spouses and in the absence of other heirs. Surah An-Nisah:76 states that the "share
of one man is equal to the shares of two women"

Further, the concept of Al Gharawaini has to applicable distinctions: first, is when the
decedent is the husband; second is the when the decedent is the wife.

5a. Are the illegitimate child and the imprecatory child accorded successional rights under Islamic
law? Explain your answer citing legal provision under the Code of Muslim Personal laws of the
Philippines (PD 1083). 5%

A. Article 95 of The Code of Muslim Personal Laws provides. Succession by illegitimate

child. A child who was the cause of the mother's having been divorced by li'an shall have
mutual rights of succession only with the mother and here relatives.

5b. The Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083)
recognizes the validity of a will (wasiyyah). Expound on the essential requisites of a will
(wasiyyah). 5%.

B. The essential requisites of a will are the following:

1. The estator must be legally competent being of major age, of sound and disposing mind
and is not expressly prohibited under the Muslim law to make a will;
2. It must be made freely and voluntarily and not in jest or under compulsion, threat, duress
or intimidation;
3. It nust be made in a manner of form which sufficiently and clearly show the intention of
the testator regarding his desire to bequeath a will;
4. The testator at the time of making the will must have properties over which he can exercise
control;
5. It must be made in the presence of at least two competent; credible and disinterested
witnesses; and
 6. Disposable third

6a. Explain the notable distinction between mirath (net estate) and Tarika (gross estae) under the
Islamic law of inheritance. 5%

A.The notable distinction between Mirath (Net Estate) and Tarika (Gross Estate) under the
Islamic law of inheritance is that the former refers to the net estate of the deceased after the
deduction of all rights and claims attached to it, while the latter refers to the gross estate of
the deceased prior to the deduction of the rights and claims attached to it.

6b. Alexander is a non-Muslim who has three daughters, Angela, Mary jane and Mary Grace.
Looking for greater pastures, Angela went to Saudi Arabia. Believing in the Islamic values, she
eventually embraced Islam. Two years later, Angela died in a car accident. Alexander and his two
remaining daughters who are all non-Muslims seek your legal advice on whether they can inherit
from Angela’s estate. How would you advise them? 5%

B. I would advise Alexander that he is the only one entitled to inherit one-third of what he
would have received without such qualifications while his two remaining daughters are not
qualified to inherit. Under the Code of Muslim Personal Law by bequest by operation of
law should the testator die without having made a bequest the parent or spouse, who is
otherwise disqualified to inherit shall be entitled to one-third of what he would have
received without such qualification.

7.In 1995, Alih and Josephine contracted marriage under the Family Code. Ten years later, or in
2006, Alih contracted a second marriage with Janna, his college sweetheart, in accordance with
the Muslim rites.

7a. If Josephine files a case for bigamy against Alih, will the case prosper? Explain 3%

A. Yes. The case will prosper.

Under the Code of Muslim Personal Laws, the code shall appy to marriage and
divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and
the marriage is solemnized in accordance with Muslim law or the same code in any part of
the Philippines.

In the case at hand, Alih and Josephine contracted marriage under the Family Code on 1995
and Alih subsequently contracted a second marriage ten years thereafter. The former
marriage was solemnized in accordance with the Family Code as the governing law of the
marriage. In addition, the applicability of the Code of Muslim Personal Laws only extends
to marriages solemnized in accordance with Muslim Law or the Code of Muslim Personal
Laws. Hence, the case for bigamy against Alih will prosper.
7b. Can Alih validly interpose the defense that as a Muslim by birth, he can marry up to four
wives? Reason. 2%

B. Yes. Alih can validly interpose the defense that as Muslim by birth, he can marry up to
four wives.

Under the code of Muslim Personal laws the rule of Islamic law permitting a Muslim to
have more than one wife unless he can deal with them with equal companionship and just
treatment as enjoined by Islamic law and only in exceptional cases.

In the present case, Alih can marry up to four wives provided that he can deal with them
with equal companionship and just treatment as enjoined by Islamic Law. However, Alih
and Josephine contracted marriage under the Family Code wherein bigamy is considered
as a crime. Thus, given the fact that they contracted a marriage under the family code bars
Alih to contract more that one marriage.

8. “A” is a rule of law established through the process of Qiyas. Eventually, Islamic Jurists
realized “A” causes hardship to the people and there is a need to modify or abandon it.
Correspondingly, they determined that “X” rule of law will be more beneficial to the people.

Will the Islamic Jurists be allowed to modify “A” rule of law and change it to “X” rule of law?
Substantiate your answer with Qur’anic Ayyah 5%

Yes. The Islamic jurists are allowed to modify A's rule of law and change it into X's rule
of law.

Under the Muslim Law, Qiyas is an analogical deduction or reasoning. It is the processs of
deduction by which the law of a text is applied to cases which, though uncovered by
language, are covered by reason or text.

In the present case, the Islamic jurists find the "A" rule of law causes hardship to the people
and "X" rule of law will be more beneficial. In addition on the case of khamr it was not
prohibited primarily however, when the people are intoxicated it affects the remembrance
of ALLAH, and from prayer. Hence, the Islamic jurists at that time performed Qiyas and
caused the total prohibition or abandonment of Khamr drinking.