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    Chapter 2 Leghist

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    Fina Schuck
    The document summarizes the spread of Islam and Islamic law in the Philippines from the 15th century onwards. It discusses how regions like Mindanao, Sulu and parts of Luzon came under centralized Muslim governments that adopted aspects of Islamic culture like the Malay language and Sharia law. It then outlines the historical development of Sharia law and key aspects like sources in the Quran and Hadith. The passage concludes by noting challenges to the implementation of Sharia in the Philippines due to Spanish and American colonization.

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    Chapter 2 Leghist

    Uploaded by

    Fina Schuck
    28 views4 pages
    The document summarizes the spread of Islam and Islamic law in the Philippines from the 15th century onwards. It discusses how regions like Mindanao, Sulu and parts of Luzon came under centralized Muslim governments that adopted aspects of Islamic culture like the Malay language and Sharia law. It then outlines the historical development of Sharia law and key aspects like sources in the Quran and Hadith. The passage concludes by noting challenges to the implementation of Sharia in the Philippines due to Spanish and American colonization.

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    The document summarizes the spread of Islam and Islamic law in the Philippines from the 15th century onwards. It discusses how regions like Mindanao, Sulu and parts of Luzon came under centralized Muslim governments that adopted aspects of Islamic culture like the Malay language and Sharia law. It then outlines the historical development of Sharia law and key aspects like sources in the Quran and Hadith. The passage concludes by noting challenges to the implementation of Sharia in the Philippines due to Spanish and American colonization.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views4 pages

    Chapter 2 Leghist

    Uploaded by

    Fina Schuck
    The document summarizes the spread of Islam and Islamic law in the Philippines from the 15th century onwards. It discusses how regions like Mindanao, Sulu and parts of Luzon came under centralized Muslim governments that adopted aspects of Islamic culture like the Malay language and Sharia law. It then outlines the historical development of Sharia law and key aspects like sources in the Quran and Hadith. The passage concludes by noting challenges to the implementation of Sharia in the Philippines due to Spanish and American colonization.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 4

    Chapter 2: The Advent of Islam

    From Barangay to Centralized Government

    -Malaya, Sumatra, Java, and Mindanao became seats of Moslem regimes


    ! - regions were under a central government modeled after Muslim states in the South:
    o Maguindanao: Sultan Kudarat made an alliance with Sulu by marrying the daughter of the
    rajah. It was also a Chinese port.
    o Sulu: governed by a centralized sultanate founded by an Arab sharif. It is also a Chinese
    tributary state.

    Penetration of Islamic Law


    - Muslim culture is discernable in all of the areas touched by Islam
    1. Language: Malay was the language of royalty and commerce
    Malay-Arabic Words: Hukum (judgment), Asal (custom), Agimat (amulet)

    2. Centralized form of Government

    Chiefdoms and sultanates achieved through


    -conquest,
    -peace pacts
    -marriages of convenience

    ! Chiefdoms: Primus inter pares (paramount chief) didnt enjoy a monopoly of force or taxing
    powers; may be achieved through marriage

    Sultanate of Sulu
    -founded by Abu Bakr
    -Principal Code: Luwaran

    3. Engagement of tribes in raids against each other thru sea raiding(karakoa/warship)


    Purpose:
    to avenge a death of a chief
    to seize slaves or booty for sale
    to enforce alliances for trading networks

    4. Penetration to Luzon

    -Lack of missionary vocations and evangelical experience of early missionaries


    -Spread of Islam was through the development of trade relations with Java, Borneo, and the
    Philippines
    -Other parts of the country not penetrated by Islam made less advances in civilization
    Nature of Sharia or Islamic Law
    - Sharia is not only a source of law but a code of life
    - Law and religion are indivisible: One must either accept or reject Sharia completely for there is
    no middle ground

    Historical Background: 7 periods of Muslim law

    1. First Period: Muhammad was still alive and his sayings(Hadith) were compiled

    ! 2. Second Period:Abu Bakr led Muslims by uniting rebellious chieftains by force of arms.
    Caliphs were guided by reason, taking into consideration the customs and usages of the various
    communities conquered.

    ! 3. Third Period:

    ! -aLearned men spread to various parts of the empire which led to the founding of ancient
    schools of law in Iraq, Arabia, and Syria.

    ! -Development of Muslim scripture and sacred law

    ! 4. Fourth Period:
    development of Muslim law led by the great jurists of the SunniSchool
    Abbasid caliphate: separation of powers
    Ulema (Islamic experts): developed Sharia into a coherent body of sacred law

    Basis of sacred law:

    Primarily, Koran

    Secondarily, precedents in words/deeds of Mohammed

    Thirdly, conduct of men associated with the Prophet

    Fourth, use of analogy

    Fifth, consensus of faithful on a difficult problem

    ! 5. Fifth Period:Period when jurists followed the view of the original founders

    !
    ! 6. Sixth Period: Age of commentators

    ! 7. Seventh Period: Abolition of caliphate in Turkey; Sunni Islam had no head and therefore
    various countries tied to replace Sharia with secular laws in an attempt to adapt Islam to
    modern conditions

    Sharia and Customary Law


    - Roots of law
    o Koran (Holy Scripture of Muslims)
    o Sunnah (actual practices of Muhammad)
    o Ijma (consensus of scholars)
    o Qiyas (analogical reasoning) :Various groups of scholars generated various schools of thought
    - Codes attributed to Muslims:
    o Luwaran of Lanao
    o Code of Sultan Kudarat in Cotabato

    Islamic law:

    - Codes reflect Islamic influence derived from Islam. They emphasize crimes on chastity,
    whereas in the pre-Islamic Filipino society, such crimes acts were not penalized. Marriage also
    became more than a contract between families. It is seen as a religious institution and its main
    object is reproduction.

    - Polygamy is tolerated only under certain conditions: Equal companionship and treatment and
    only when wife is barren or incapable of copulation.

    - Divorce was allowable only if there is: incompatibility, infidelity, impotence, forcing the wife
    into prostitution, habitual drunkenness, inflicting physical injuries on the wife, and
    abandonment

    - Strict moral standards were also imposed by Islam. In the pre-Islam Philippine society, there
    existed a frank, robust, and wide-open attitude on sex. This was changed by Sharia.

    - Justice is based on social and collective life of the members of the community and as such,
    requires mutual respect. The Koran, especially, gives a statement of duties more than that of
    rights.

    The Torturous Path of Sharia: The implementation of Sharia in the Philippines suffered a
    setback due to:

    ! 1. Spanish Colonization : The old animosities between Christian Spaniards and Muslims
    contributed to the push of Spaniards to eradicate Islam. In the end, the Muslims were not able
    to spread the faith completely in Luzon and Visayas.

    ! 2. American Colonization :Americans at first, professed that theywouldnt interfere with the
    religious customs of the Muslims, but later reversed this policy in favor of integration. It was
    only during the regime of Marcos that the Islamic law was decreed into law

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