1983 SHARI’AH EXAMINATION ON

PERSONS, FAMILY RELATIONS AND PROPERTY

1. a) Under what circumstances may capacity to act be restricted? Give examples.

b) What do you understand by legal personality under the Muslim Code? How is it acquired and extinguished?

2. a) What are the essential requisites of a valid marriage according to the Muslim Law?

b) Explain briefly what you understand by option of puberty or Khayr-ul Bulugh?

3. (a) What is the distinction between the two concepts of Dower in Islam: Mahr Musamma and Mahr Methl?

(b) What may be the subject matter of Dower and what cannot be the subject matter of Dower in Islamic Law?

4. (a) What are the marriages prohibited by consanguinity and the marriages prohibited by affinity under the Muslim
Code?

(b) Monogamy is the rule in Islam. Under what circumstances or conditions may subsequent or plural marriages be
permitted under Muslim Code?

5. (a) Classify the divorces under Muslim Law and discuss briefly each one of them.

(b) Distinguish irrevocable divorce and perpetual divorce. Explain

6. a) Describe briefly the five (5) cases found in PD.1083 expressly falling under the jurisdiction of the Agama Arbitration
Council.

b) Are the following marriages valid? Give your reasons:

1. Abdullah married the widow of his foster son.
2. Abdul, son of Abdullah’s brother, married Meriam, the youngest widow of Abdullah.
3. A is a foster son of B. A’s brother married B’s two daughters

7. a) What are the mutual rights and obligations of the spouses under the Muslim Code?

b) What is the regime of property relations between the spouses under the Muslim Code, in the absence of the
stipulation in the marriage settlement?

8. a) What are the exclusive properties of each spouse under the Muslim Code ?

b) A’s wife left the conjugal property and refused to return and live with her husband, who files a suit against his wife for
restitution of conjugal rights. The wife engaged your services as a Shari’ah lawyer to contest the suit. What grounds can
you set up in defense of her rights?

9. a) Discuss the validity of the following marriages:

1.) A Muslim marries a Christian girl
2.) A Muslim marries a Buddhist girl
3.) A Muslim girl marries a Christian male

9. b.) A married B. Subsequently, their marriage was dissolved. Within 2 years after the dissolution of the marriage, C a
child was born. Can C be presumed legitimate in Islamic Law? If your answer is in the affirmative, is there any exception?
Explain.

10. a.) What do you understand by Waqf, its classification and legal incidents, under Muslim Law?
b) What do you understand by customary contract or Sandah or Sanla under the Muslim Code? Compare it briefly with
the contracts of mortgage, pledge, antichresis and usufruct?
 1987 SHARIA’H BAR EXAMINATION ON
PERSONS, FAMILY RELATIONS AND PROPERTY

1. a) What is the scope of the Muslim code and to whom does it apply?

b) What law shall govern in cases of marriage between a Muslim male and a non- Muslim female solemnize under the
civil code of the Philippines?

c) On the preceding problem, supposing the marriage was solemnized in accordance with Muslim law, but executed
prior to the effectivity of P.D. No. 1083, what law shall apply? Explain briefly.

2. a) Who are authorized to solemnize marriage under the Muslim code?

b) Does an Imam (Muslim community leader) have authority to solemnize a marriage? Explain.
c) Under what condition may a judge of the Shari’ah District court or Shari’ah circuit court designate any person to
solemnize marriage?

3. a) Discuss briefly the validity of the following marriage:

1) Marriage between a Muslim male and a Jew female
2) Marriage between a Buddhist male and a Muslim female
3) Marriage between a Muslim male and the sister of his wife who is still living
4) Marriage while in a state of Ihram
5) Marriage between a Muslim and non-Christian

b) What are the marriages prohibited by reason of fosterage?

4. a) Distinguish between talaq bain sugra under Article 46 and talaq bain kubra under the Article 30 of the Muslim code.
b) What is the effect of Talaq bain kubra and what is the duty of the solemnizing officer who performs the subsequent
marriage?

5. a) How shall the property relations between the spouses be governed?

b) Is there a difference between the regime of property relations between spouses under the Muslim Code and the Civil
Code of the Philippines?

6. a) In what cases or instances may the wife sue or be sued independently by the husband?
b) In the exercise of her profession, vocation or calling, is the wife required to get the consent of her husband? Why?
c) Can the husband object and on what ground?

7. a) What are the grounds of divorce by Faskh and how shall the same availed by the wife?
b) What constitutes unusual cruelty as a ground for divorce by Faskh?

8. a) X and Y, husband and wife, were divorced. Subsequently, Y became aware that she is pregnant by X and
immediately she notified the latter about such fact. If you were the lawyer of X, what advice will you give him and why?
b) Supposing in the above problem X died, to who shall address such notice?

9. a) What are the acts or events affecting the civil status of a person that must be recorded in the Muslim General
Register?
b) How about other acts, events or judicial decrees affecting the civil status of the Muslim, where shall they be
registered?
c) May the district or circuit registrar cancel, amend or make alterations of the entry in the Muslim General Register?
Why?

10. a) A and B were married under Muslim law on February 7, 1974. Subsequently, A contracted a subsequent marriage
with C, a Christian woman under the Muslim code. Can A be held liable for bigamy? Why?

b) Assuming in the above problem, the marriage between A and B was in accordance with the Civil code, will your
answer be the same? Why?
 1991 SHARI’AH BAR EXAMINATION ON
PERSONS, FAMILY RELATIONS AND PROPERTY
1. A, a Muslim male married B, a Muslim female, in accordance with Articles 78 and 79 of the New Civil Code (the
marriage law applicable among Muslims at the time) in Jolo, Sulu, on July 10, 1960. Twelve (12) years later, B obtained a
divorce in accordance with Republic Act 394, the divorce law among Muslims at the time. a) Was the marriage
solemnized in 1960 between A and B valid under Muslim Law? If so, explain.

2. a) What is the scope or application of the Muslim law on marriage and divorce? To whom does the Code of Muslim
Personal Law apply? Explain.

b) In case the marriage between a Muslim and a non- Muslim is solemnized according to civil rite, what law shall apply?

3. Discuss briefly the validity of the following marriages under the Muslim law, to wit;
a) Marriage between a Muslim female and a Buddhist male
b) Marriage between a Muslim male and his first cousin
c) Marriage between a Muslim male and the sister of his wife who is still alive

4. a) Classify divorce under the Muslim Code and discuss briefly each one of them.

b) Distinguish and explain briefly irrevocable divorce and perpetual divorce.

5. a) How shall the property relations between spouses be governed under the Muslim Code?

b) Explain briefly the difference between the regime of property relations between spouses under the Muslim Code,
under the Civil Code and under the Family Code of the Philippines.

6. a) What are the kinds of prohibited marriages under the Muslim Code? Explain.

b) When is prohibited marriage said to be permanent and when it is said to be temporary under the Muslim Law?
Explain briefly.

7. a) What are the customary contracts of Sandah, Sanla or Arindao under the Muslim Code? Give illustrations.

b) Compare the customary contracts of Sandah in Islamic Law and the contracts of pledge, mortgage, antichresis and
usufruct under the New Civil Code of the Philippines.

8. a) What are the mutual rights and obligations of spouses under the Muslim Code? Enumerate briefly.

b) How is the property relation of spouses under the Muslim Code? Explain.

9. a) Is there a valid adoption under the Islamic law? Explain.

b) What is the effect of adoption of a Muslim child, if any?

c) What is the difference between adoption and fosterage in the light of Islamic Jurisprudence? Explain.

10. a) Under the Muslim Code, what are the rights and obligations of parents and children towards each other?

b) Who is the legal administrator of property of the children under parental authority? Discuss it briefly.

c) May parental authority be removed or transferred? Explain.

 1993 SHARI’AH BAR EXAM ON
PERSONS FAMILY PERSONS AND PROPERTY
1. a) Discuss briefly the background of Muslim Personal Laws of the Philippines.

b) What are the primary purposes of the Muslim Code (PD 1083)? Explain.

2. It has been said that Islam is the most tolerant of all organized religions. Explain the validity of the following
marriages:
a) Marriage between a Muslim male and Christian female;
b) Marriage between a Muslim female and a non-Muslim male
c) Marriage between a Muslim male and his first cousin or sister-in-law while the wife is still living. Explain your answer.

3. a) What are the marriages prohibited by consanguinity under the Muslim Code?
b) What are the marriages prohibited by reason of affinity under the Muslim Code?
c) What are the marriages prohibited by reason of fosterage under the Muslim Code?

4. a) There are five (5) cases found in PD 1083 that fall under the Agama Arbitration Council. Explain each one of them.
b) State whether the following marriages are valid or void and give reason for it.

5. a) Explain the following regime of property relations between husband and wife, to wit:
b) What are the exclusive properties of each of the spouses under the Muslim Code?

6. a) Compare the customary contract of Sandah in Islamic traditions with the civil law of contracts of pledge, antichresis
and usufruct. Explain your answer.

b) How do you distinguish the contract Sandah and the contract of Arindao?

7. a) Yasin who is married to Fatima desires to marry Laila. If you are consulted by Laila is your legal advice to Laila?

b) If Fatima objects to Yasin’s proposed marriage to Laila, what is the procedure to be followed by Yasin under the
Muslim Code? Explain.

8. a) Muhammad and Latifa are husband and wife. In the absence of her husband, Latifa accepted from Ismael her uncle,
brother of her father, jewelries worth P 250,000,000. When Muhammad returned from his journey and came to know
the donation, he ordered his wife to return the jewelry, but Latifa refused. If you were the judge, was Latifa’s acquisition
proper or valid under Islamic Law? Explain.

b) Supposing the donor was Kadir who is Latifa’s first cousin, what is your answer? Explain.

9. In Islamic Law, there are seven (7) forms of divorce namely: Tafwid, Talaq, Khul, Zihar, Faskh, Ila and Li’an. In Muslim
Mindanao, the common forms of divorce are Talaq and Faskh. What do you understand by Talaq? Explain your answer.

10. Idris and Maimona were married. Maimona is a registered nurse by profession. She wanted to work abroad in the
hospital but her husband refused. a) In case of conflict, who settles the controversy? Explain your answer.

b) Briefly explain the rights and obligations of the wife under the Muslim Code.
 1995 SHARI’AH BAR EXAMINATION ON
PERSONS, FAMILY RELATIONS AND PROPERTY

1. Nasser and Napisa both Muslims are husband and wife. Subsequently, Nasser, for the second time and while Napisa is
still alive, married `Aisha, another Muslim as his second wife in accordance with the Muslim Code. Napisa filed a
complaint for bigamy against Nasser under the Revised Penal Code.
a. If you were the Shari’ah Judge, how would you decide? Cite your authorities.

b. Supposing Napisa is a Christian who invokes that as a Christian, she should not be prejudiced by the Muslim Code in
her complaint for bigamy, what is your opinion? Give your reason.

2. Give the coverage of the Islamic prohibited marriages under the Muslim Code.

3. Al-rashid and Amina are husband and wife. They are both Muslims. Al-rashid wants to marry Aisha as a second wife.
a) Is polygamy permitted in Islam? If so, under what conditions? Explain.

b) Supposing Al-rashid insists on the second marriage despite objection of the first wife Amina. May Amina demand a
divorce? If so, under what ground? Explain.

4. a) What are the seven (7) forms of divorce under the Muslim Code? Explain each of them.

b) What are the essential requisites of Islamic marriage under Muslim Code? Explain fully.

5. a) What are the rights and obligations of the husband under the Muslim Code?

b) What are the rights and obligations of the wife under the Muslim Code?

6. a) What do you understand by Islamic Guardianship, its kind and coverage?

b) What is the meaning of parental authority under the Muslim Code and its effect upon persons and property?

7. a) Give the meaning of “fosterage” and its basis under Islamic Law.

b) What are the two (2) kinds of fosterage? Explain.

8. a) What are the void (batil) marriages, under the Muslim Code?

b) What are the irregular (fasid) marriages, under the Muslim Code?

c) How are irregular (fasid) marriages validated under the Muslim Code? Explain briefly each one of them.

9. a) What are the grounds for Islamic divorce by Faskh under the Muslim Code?

b) What are the effects of the irrevocable Talaq in Islamic Law?

10. Who exercises parental authority? What are the obligations of parents to children and the latter’s obligation to their
parents under the Muslim Code?
 2001 SHARI’AH BAR EXAMINATION ON
PERSONS, FAMILY RELATIONS AND PROPERTY

I. A. Define marriage as understood under the Muslim Code or Islamic Law.

B. What are the essential requisites or marriage under the Muslim Code or Islamic Law? Explain each briefly.

II. Peter Mercado, a Christian is an enlisted man in the Armed Forces. While serving in Jolo, Sulu, he converted to Islam
and married Amina Karim a Muslim in accordance with Muslim rites sometime in 1976. He has also a subsisting
marriage with Nene Corpuz a Christian with whom he has three (3) children. In 1980, Peter figured in an ambush by
some local outlaws. He died as a consequence. The Christian and Muslim wives of deceased Peter are claiming for his
death benefits and pension. The marriage of Peter with Amina was not registered with the local Shari’ah Court. If you are
the Shari’ah Judge where the conflicting claims of the wives are filed, how will you decide the case?

III. Ismail and Ruqaya are husband and wife. They are both Muslims, Ismail wants to marry Mariam, also a Muslim but
his wife Ruqaya objects to the proposed second marriage.
A. Under the above circumstances, what is the recourse if Ismail under the Muslim Code? Explain and justify your
answer.
B. How about Ruqaya despite her objection, Ismail insists on the second marriage? May she demand a divorce? If so,
under what ground? Explain.

IV. State the property relations between husband and wife under the Muslim Code.
B. Suppose the Muslim spouses were married prior to the effectivity of the Muslim Code, will their property relations be
the same as stated under the Muslim Code?

V. A. What is the status of marriages among Muslims solemnized in accordance with Muslim Law but prior to the
effectivity of P.D. 1083? What law shall apply? Explain.
B. What law governs divorces among Muslims prior to the effectivity of P.D. 1083? Explain.

VII A. Abdullah and Josefina are husband and wife. They were married in accordance with the Muslim Code. They were
later divorced. Subsequently, Josefina became aware that she is pregnant by Abdullah and immediately she notified the
latter about such fact. If you are the lawyer of Abdullah, what advice will you give him? Why? Explain.
B. Suppose in the same problem Abdullah died, to whom shall Josefina address such notice? As the lawyer of the late
Abdullah, what steps will you advice the heirs of the deceased?

VII A. May a divorced woman or widow having been married under Muslim law or the Muslim Code contract another
marriage before the expiration of her idda? What is the status of her subsequent marriage?
B. Under what condition may a wife who had been divorced by talaq bain kubra remarry her former husband?

VIII. A. Who are the persons who have authority to act as a guardian for marriage (wali) in the order of precedence
under the Muslim Code?
B. Who are the people who shall exercise guardianship over the property of minors in the order of precedence under the
Muslim Code?

IX. A. What is the duration of support of the wife by her husband?

B. Is the wife who exercises any profession or occupation or engages in lawful business without her husband’s consent
still entitled to support? Why? Explain.

X. Karim who is an engineer and gainfully employed in Saudi Arabia regularly remits his salaries to his wife. Since the
amount sent home by Karim is substantial, his wife Napisa saved part of it and built a five (5) door apartment and a
bungalow. She also bought a new car out of his savings. She also opened a store which was making income. While in
Saudi Arabia, Karim contracted a second marriage. He later communicated with his wife Napisa informing her of his
subsequent marriage and his decision to have divorced (talaq) her. When Karim came home, he demanded from Napisa
recovery of the money he remitted to her. The wife refused to give Karim his money claiming that his was all hers by
way of support. If you are the judge of the Shari’ah Court, how will you decide the case?
 2003 SHARI’AH BAR EXAMINATION
PERSONS, FAMILY RELATIONS AND PROPERTY
I. A. Is there a valid adoption under Islamic law? Explain briefly
B. What is the difference between adoption and fosterage in the light of Islamic jurisprudence?

II. A. What law determines the status of a child conceived or born during the period covered by the Civil Code of 1950 (August 30,
1950 to February 3, 1977)? Is it the Civil Code, Family Code or the Muslim Code?
B. Suppose the marriage was contracted on February 3, 1977 and the child was conceived or born on August 7, 1977. What law
governs the status of the child? Explain.

III. Ali and Soraya were married under Muslim Law on January 5, 1978. Later Ali contracted a second marriage with Susan, a
Christian woman under the Muslim Code. A. Can Ali be held liable for bigamy under the law? Why? If Soraya is aggrieved, what will be
her recourse or cause of action against Ali, if any?
B. Assuming if in the same problem, Ali and Soraya were married in accordance with the Civil Code of the Philippines, will your
answer be the same? Why? Please explain.

IV. A. State the specific provision of law that governed or recognized as valid marriages between Muslim and non-Christian from
August 30, 1950 up to February 3, 1977.
B. What particular law governed dissolution of Muslim marriages from and after June 18, 1949 prior to the effectivity of the Muslim
Code on February 4, 1977?

V. Mansur, a Muslim and Anna, a non-Muslim got married before a judge of the Regional Trial Court of Cebu. The marriage was
registered with the Civil Registrar of Cebu. Six (6) months after, on a visit to Marawi, the couple for the second time were married
before an Imam who is authorized to solemnize Muslim marriages. Anna has remained a non-Muslim despite marriage.
A. What law governs the marital relations between Mansur and Anna?
B. Can Mansur proclaim talaq on Anna?
C. Can Mansur take a second wife as a Muslim?
D. Can Anna similarly sue Mansur on any legal grounds for divorce by Faskh?
E. Supposed Anna converted to Islam one month after her civil marriage to Mansur, will your answer still be the same as a,b,c and d?
Please give reasons to your answer?

VI. Haron, a Muslim male married Konisa, a Muslim female, in accordance with Articles 78 and 79 of the New Civil Code, the marriage
law applicable among Muslims at that time in Jolo, Sulu, on July 10, 1960. Twelve (12) years later, Konisa obtained a divorce in
accordance with Republic Act 394, the divorce law among Muslims at that time. A. Was the marriage solemnized in 1960 between
Haron and Konisa valid under Muslim law? If so, explain.
B. Is the divorce obtained in 1972 valid under Muslim law? If not, why?

VII. A. What is the legal effect of registration of marriage, divorce, revocation of divorce, conversion and all other documents relating
thereto?
B. Are deaths among Muslims required to be registered in the Muslim General Register?

VIII. A. Who are authorized to solemnize marriage under the Muslim Code?
B. Does an Ustadz (Muslim teacher) or Imam (religious teacher) have authority to solemnize Muslim marriages under the Muslim
Code?
C. Under what condition may a judge of the Shariah District Court designate any person to solemnize marriage?
D. What is the legal effect of marriage among Muslims which is solemnized both under civil rites and Muslim rites?

IX. Ibrahim and Amina, both Muslims were married on January 5, 1977. On February 4, 1978, Amina gave birth to a baby boy. In
March of 1979, trouble started to brew in the marriage of the couple. Ibrahim suspected that Amina was meeting with her former
boyfriend Karim. Amina on the other hand got rumors that Ibrahim was courting another woman. The marriage broke up and they
decided to divorce on March 28, 1979. On June15, 1979, Amina without informing Ibrahim or any of his relatives married her former
boyfriend. Amina gave birth to a baby girl on September 1, 1979. Given the above facts, please answer fully but concisely, the
following questions:
A. What is the status of the two (2) children of Amina with respect to Ibrahim? What is the status of the second child of Amina with
respect to her second husband?
B. What is the applicable rule in determining the paternity of the second child of Amina?
C. Since it appeared that Amina was pregnant during the month of March 1979, what steps should she have taken to safeguard
legitimacy of her second child? Explain your answer.

X. A. Under what circumstances may capacity to act be restricted under the Muslim Code? Give examples.
B. What do you understand by legal personality under the Muslim Code? How is it acquired and extinguished?
 2006 SHARI’AH BAR EXAMINATION
PERSONS, FAMILY RELATIONS AND PROPERTY

I. A. Prior to the effectivity of the Muslim Code (P.D 1083), what were the laws that governed marriages among Muslims
or mixed marriages between Muslim male and non- Muslim female in the Philippines ? Explain your answer.
B. Give the definition of marriage under the Muslim Code (P.D1083). What are its essential requisites?

II. A. Define divorce as allowed under the Muslim Code (P.D 1083 ) . What are the different kinds of ways by which
divorce may be effected?
B. What is fosterage under Muslim Code (P.D 1083)? State the rule on prohibition against marriage due to fosterage and
the reason behind it? Differentiate fosterage with adoption in the light of Islamic jurisprudence? Is adoption allowed
under the Muslim Code (P.D 1083) ? Explain.

III. A. As provide for under the Muslim Code (P.D 1083), what properties are considered as the exclusive properties of
either spouse?
B. State the rule on property relations between husband and wife under the Muslim Code (P.D 1083)?

IV. A. What are the requirements under the Muslim Code in order that a Muslim male validly contract a subsequent
marriage while the first marriage is subsisting?
B. Enumerate the specific offenses which are punishable by imprisonment or fine under the Muslim Code (P.D 1083)

V. Ali and Mona were married in accordance with the Muslim law. But before and during the celebration of their
marriage there was no stipulation made as to the dower. A. Does the absence of the stipulation on customary dower
between Ali and Mona render their marriage invalid? Explain your answer.
B. Suppose Ali and Mona, after the celebration of the marriage voluntarily specified the dower. Will the specified dower
in its entirety become due after the consummation of marriage? Suppose takes place before the consummation of the
marriage, will your answer be the same as in the preceding question?

VI. On December 12, 1976, Sali a Muslim and Rita, a Christian were married in a civil wedding solemnized by a municipal
judge and their marriage was registered with the office of local registrar. Four years later , Rita embraced Islam , and
thereafter they registered with the Shariah Court their mutual desire to have their marriage considered as one
contracted under the Muslim law . Aside from being blessed with five children, they acquire several properties. A. What
law governs the family and property relations of Sali? Explain your answer.
B. Suppose Sali and Rita failed to register with the Shariah Court their mutual desire to have their marriage considered
as one contracted under the Muslim law. Sali failed to provide support to Rita for more than ten (10) consecutive months
on that ground, Rita filed a person petition for divorce by faskh . If you are the Shariah judge, will you grant the divorce?
Explain.

VII. A. What is Idda ? What are their purposes?

B. What is the status of marriage contracted by a woman while observing Idda ? Can it be validated? If so, what are its
legal effects? Explain.

VIII. A. Alma, a widow has a Muslim suitor who desires to contract marriage with her She comes to you for advice and
asks you, if still necessary for her to secure the consent of her guardian, considering that she has been emancipated by
her previous marriage. Give your answer and explain.
B. Suppose Alma further asks you, who are authorized to solemnize marriage under the Muslim code (P.D 1083)?

IX A. State or explain the rules on the care and custody of the children of divorced parents under the Muslim Code (P.D
1083).
B. In order of presence, enumerate the persons who shall exercise guardianship over the property of minors, and state at
least one Qur’an verse on which the law of guardianship is based.

X. A. Under the Muslim Code (P.D 1083), what is support (nafaqa), and what does it include?
B. Who are entitled to support, and who are obliged to give it?
 2008 SHARI’AH BAR EXAMINATION ON
PERSONS, FAMILY RELATIONS AND PROPERTY

1. a) Distinguish juridical capacity from capacity to act. Please explain and give examples.

b) What is the effect of death upon the rights and obligations of a deceased person? Please explain.

2. a) What are the sanctions that the court may impose upon a husband who contracts a subsequent marriage without
informing his wife? Please explain.

b) May a widow validly contract a subsequent marriage before the expiration of her iddah? Can her former husband file
a case against her? Please justify your answers.

3. a) Can the husband and wife enter into a marriage settlement that the wife will provide support for the family if the
husband cannot find a job? Please explain.

b) What are the instances when the husband is exempt from providing support to his wife?

4. a) Why is divorce allowed under Muslim Law? Please explain fully.

b) May a Shari’ah Judge disregard the pronouncement of divorce by the husband? Please explain.

5. a) Can the wife contest the pronouncement of divorce by her husband, before the Shari’ah Court? Please explain.

b) In cases of restitution of marital rights, can the Shari’ah Judge issue an order directing the wife to live with the
husband? Please explain.

6. Saddam and Indira, both Filipinos, got married in Saudi Arabia and later secured a divorce paper in that place. Is their
marriage and subsequent divorce recognized under the Code of Muslim Personal Laws of the Philippines (P.D. 1083)?
Please justify your answer.

7. a) What are the presumptions of legitimacy under the Code of Muslim Personal Laws of the Philippines?

b) How should legitimacy be impugned? Please explain in detail.

8. a) Is the father obliged to give support to his son who is single but is already gainfully employed? Please explain.

b) What are the nature and effects of parental authority under the Code of Muslim Personal Laws of the Philippines?

c) What is the reason why a child below seven (7) years old should be under the care and custody of the mother in case
of divorce? Please explain.

9. Sarah filed a divorce case against her husband Abdullah on the ground of abandonment and non-support. Please
answer the following questions exhaustively. a) As a lawyer for Sarah, what should you do in order for the court to grant
the divorce?

b) As a lawyer for Abdullah, what should you do in order for the case to be dismissed?

c) As a Shari’ah Judge. What will be your decision?

10. In a divorce case, the Shari’ah Judge failed to constitute the Agama Arbitration Council, and proceeded to try the case
and render a decision.

a) What is the status of the decision of the Shari’ah Judge? Please explain.

b) What is the remedy of the losing party? Please explain.

 2011 SHARI’AH BAR EXAMINATION
PERSONS, FAMILY RELATIONS AND PROPERTY

I. A. Distinguish a person’s juridical capacity from his capacity to act.

B. Does a ten (10) years of age acquire his capacity to act if his level of intelligence is more than that of an eighteen-year
old person? please explain .

II. A. What is marriage and what is its purpose?

B. There are outstanding differences between marriage under the code of muslim personal laws and marriage under the
civil code of the Philippines. Enumerate at least three (3) differences.

III. A. The Philippine constitution recognizes the fundamental equality before the law of women and men. Is this state
policy equality available to muslim women under Islamic Laws? Please explain.
B. In the distribution of inheritance, the male beneficiary gets a share twice that of the female. Do you consider this
difference in shares an inequality of women and men under Islamic Laws? Why or Why not?

IV. A. Basari and Sohra were married without having entered into an ante-nuptial agreement. By their joint effort, they
were able to establish a flourishing chain of groceries stores, but the financial success became the cause of a divorce that
ended the marriage after 10 years. What property regime shall govern the property relation of couple? Please explain?
B. What are the property regimes which, under the code of muslim personal laws , the parties to a marriage may
mutually adopt to govern their property relation? Please describe each.

V. A. Distinguish custody from Guardianship?

B. What is adoption? What wisdom is behind the prohibition of adoption in Islamic laws?

VI. A. Saphia was divorce by her husband Moamar. Ten (10) days before the lapse of period of waiting (idda), Moamar
died. After a month from Moamar’s death, Saphia contracted a new marriage with Mojib. Was there a valid new marriage
between Saphia and Mojib? Please explain.
B. The fact that Moamar died before the end of period of idda, does Saphia have the right to inherit from the Estate of
Moammar? Please state your reasons.

VII. A. Barely four (4) months after Sarah was Divorced by Hussien, Sarah got married anew to Omar. Six (6) months and
Ten (10) days thereafter, Sarah begot a very handsome son. Hussien filed a petition for paternity over the child arguing
that Six (6) months and Ten (10) days was so short a time for the child to be conceived during the subsequent? If you
were the judge, will you award paternity of the child to Hussien? Please support your answer.

B. Differentiate Paternity from Filiation

VIII. A. Hejara was married to Hassan after she was divorced by Hamid. Five (5) months thereafter, Hassan died but not
without leaving behind Khalid who was born to Hejara four months after his death. Hamid remarried Hejara intending to
acknowledge Khalid as his son. Will Hamid be allowed to acknowledge Kahalid? Please state your reasons.

B. What is the effect of acknowledgment of a child by a father?

IX. A. What is the essence of Divorce under Muslim law?

B. Distinguish Revocable Divorce and Irrevocable Divorce?

X. Monib married Suasanna, a non- Muslim woman, on agreement that Suasanna will convert to Islam after a year,
Monera was born to the marriage but Susanna remains a non-Muslim. Explain your answer to the following:
A. Is there a valid Marriage?

B. Is Monera a legitimate Child?