[LEGHIS] Introduction to Islamic Law

When was Islam first introduced to the Philippines, according to Najeeb Saleeby?

14th century (1380)

When was Islam first introduced to the Philippines, according to Justice Jainal Rasul?

12th century (more accepted)

In accordance with historical records showing the progress of Muslim missionary enterprises

How did sultans become sultans?

Position is inherited by royal bloodline?

Who was the Sultan of Maguindanao?

Sultan Kudarat

Who established the Sultanate of Maguindanao?

Sharif KabungsuwanW

What does sharif mean?

Descendant of the prophet Muhammad

When the Spaniards arrived in the Philippines, what sultanates already existed?

Sultanates in Maguindanao and Sulu

What were the trading centers in Muslim Mindanao?

• Caraga

• Butuan

• Dapitan

• Saranggani Island

Which trading center was noteworthy for the slave trading that hapepned there

Caraga

Which trading center was known for being the first to establish diplomatic relations with China as a tributary

Butuan

Which trading center was known as a settlement for people from Bohol who escaped a Portuguese-led raid

Dapitan

Which trading center was founded by Spaniards?

Saranggani Island

What was the language of royalty and commerce?

Malay

What speciifc words have a Malay-Arabic origin?

• Hukum (judgment)

• Asal (custom)

• Agimat (amulet)

• Polite plural

  • Kayo, instead of ikaw

  • Sila, instead of kayo

• Po

Where did “po” come from?

Malay empu or master

What was the prominent legal code in Sulu?

Luwaran, next to Koran in authority

Why did the different tribes in Muslim Mindanao engage in raids?

• Avenging the death of their chief;

• Seizing slaves or war goods; or

• Enforcing alliances for trading networks

Define karakoa

Warship used for sea rading to capture slaves or valuable tradeware

Was Islam able to reach Luzon?

Yes

How was the presence of Islam in Luzon?

Hold was light and superficial, limited to the proscription against eating pork

Is there separation of church and state in Sharia law?

No

What are the 4 roots of Islamic Law?

• Koran

• Sunnah

• Ijma

• Qiyas

What is the relationship of the 4 sources of Islamic law?

1. Since not all situations are covered in the Koran, look for precedents in:

   1. Words and practices of the prophet Mohammad (Sunnah) or conduct of those associated with him

   2. If above fails, sue analogical reasoning (Ijma)

   3. If above fails, ask the consensus of scholars or even the faithful (Ijma)

What is the Kuran?

Holy scripture of the Muslims

What is the Sunnah?

Actual practices of the prophet Mohammad

What is the ijma?

Consensus of scholars

What is the qiyas?

Analogical reasoning used to decide on new cases, based on how old ones were decided

Define adat in terms of Islam

Custom law of the Muslims on PFR, where respect to the sultan was taught as well as GMRC

Did pre-Islamic communities gaf about crimes against chastity very much?

No — only in Islamic communities

What ist he main object of marriage in Islam?

Reproduction

Were live-in arrangements OK in Islam?

No; punishable, crime against chastity

Why did Islam tolerate polygamy?

• Islam is a fighting faith; many husbands died in the battles against infidels

• Polygamy was to protect widows and children

What were the conditions of Muslim polygamy?

• Equal companionship and treatment for each and every wife; not more than 4

What are the grounds of infidelity under Sharia law?

• Incompatibility

• infidelity

• impotence

• forcing the wife into prostitution

• habitual drunkenness

• inflicting injury on the wife

• abandonment

What was the general attitude towards sex for pre-Islamic Filipinos?

• Very liberal; big hook-up culture

• Women would not let men approach them if they didn’t have implanted pellets in their dicks

When Islamic law came in, did the liberality of pre-Islam Filipinos remain?

Well, no