July 5 Islamic Law Notes

Comparative law
-method of harmonizing the different legal system in the country
RASUL
Is there any specific legal system in the Country?
-People are usually mistaken into thinking that comparative law is a set of law. But in fact it is a method of analyzing law.
-what would be a better term for Comparative law? Comparative LEGAL method/ology
-the reason we compare laws is we want to compare the differences in the different legal systems
Kinds of laws
1. Common law
2. Civil Law
3. Communist-Socialists
4. Islamic Law
*BADTRIP: NATAWAG AKO AT NAWAWALA ANG READINGS KO…:(
Do you agree with the classification?
-there may be other laws:
• Customary Law
• Example: in Sulu and Maguindanao, they have their own code - Sulu Code has been formally adopted by the Government of Sulu
• LOOK FOR THE LATEST SULU CODE: FIND IN THE BOOK OF NAJIB SALIBI?
What do you now call the legal system in our country?
*Ecclectric/hybrid/mixed/pluralistic  legal system (so far as family law is concerned)
What other laws may be made to a mixed legal system?
-Banking laws
-in Islamic Banks, no interest imposed on loans but it is considered as profit: the islamic Bank is considered a partner of your business, it has active participation in the business (unlike other commercial banks which would leave you alone right after the loan has been granted: regardless if you profit or not, you have to pay the loan and the interests imposed)
-Banks which are Shari'ah compliant entice Muslim investors (mostly Saudi Arabians) because they would now they are entering a lawful banking system.
-right now, we don't have a Shari'ah compliant banking system in the Philippines because the Islamic Banks still impose interests on loans. No one supervises the Islamic accounts
MAHUL Article
(read. Eto yata ung pinaphotocopy)
-boo
-concept of property
Sir wag mo na akong tawagin. Di ako nakapagbasa nung ibang articles :(
5 kinds of Shari'ah:
1. Worship (all acts of worship)
2. Service (Articles of faith- belief in 1 God, the angels)
3. Adab - Morality - social values, norms, personal etiquette - Muslims follow what the prophet Mohammad usually does. e.g. Always start with the right, use the right. Step right foot first, use right hand)
4. Transactions (Muammalah)
5. Punishments (Uqubah) - but not part of the Islamic law in RP
What are the chances of incorporating Islamic Banking laws in the Banking Laws of the Philippines? How to operationalize it in the Philippine Banking System:
-use PARTNERSHIP provisions in the Civil Code (because the relationship of the Islamic Bank and the borrowers is as partners, not borrower-lender relationship)
-the law of partnership is not being implemented up to now.
-so not really that difficult to adopt Islamic Law on Banking because it is similar to the rules of Partnership adopted in the Civil Code of the Philippines
-the Islamic bank would be the Capitalist partner, and the borrower would be the industrial partner
Rihan: islamic for Mortgage
-in the Code of Muslim Personal law, there is a mention of Islamic Mortgage
-Art175: Customary Contracts
-the provision takes you out of customary law. WHY: all transactions which impose interests are prohibited under Muslim Laws
• Islamic legal system has provisions which take care of the interests and welfare of the people
...Back to MAHUL
Qualifications of Acts (note the Arabic terms, pronounciation…)
1. Obligatory - Fardu/Wajib (?)
e.g. Acts of Worship, 5 day obligatory prayer, Fasting during Ramadan, giving taxes

Fard  /Far-du/ - more stringent category	Wajib
If you don't do it, you not only sin but also you are considered a non-believer	Well it is obligatory, if you don't do it you sin but you are still considered a Muslim

2. Recommend - Sunnah /Mustahab
e.g. prayers not obligatory in nature, good actions (charity/donation) - different from "Hiba" which is usually given to a person who is not related to you but you care for (gift)
3. Forbidden - Haram
-Haram is really the extreme. Dapat indifferent muna
4. Reprehensible
e.g. Smoking.
2 categories
1. Makruh
2. Karahat tanrar
3. Karahat tahrim
5. Indifferent
-neutral. Not something that is obligatory but not prohibited. No moral essence.
e.g. going to school? all acts which have no moral judgment involved
System of Reward and Penalty

Qualification of acts	+	-
Fard/wajib (Obligatory)	Rewarded	Punished
Sunnah (recommendatory)	R	Neutral
Mubab (indifferent)	n	n
Makruh (reprehensible)	n	Rewarded
Haram	Punihsed	Rewarded

Marriage as OBLIGATORY
1. If you are already of the marrying age but you cannot afford to get married, marriage becomes obligatory (Wajib). Saying: "Marriage completes half of your faith. You get married twice, that is your entire faith"
2. But in case a Muslim man already have the means to get married, but can no longer contain himself sexually, getting married is Fard (because he might be involved in extra-marital affairs)
For next meeting: read
3. Malang v. Moson: pay attention to the evolution of law on Marriage and Divorce
4. Bondagjy v. Bondagjy: