1983 - 2011 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT

OF ESTATE S U G G E S T E D A N S W E R S

The main substance and body of this book is the suggested

answers of the Shariah Bar examination from 1983 to 2011 including

some notes and discussion. It has been summarized and disregarded

repeat the same or similar questions which made and finalized into

figured number 1 to 95.

1. a) Explain the difference between Al-Mirath (Net Estate)

and Tarika (gross estate) in the law of inheritance.

Al-Mirath (Net estate) includes all properties of any kind

movable or immovable whether ancestral or acquired, either by onerous

or gratuitous title as well as, all transmissible rights and obligations at

the time of his death and those that accrue thereto before partition;

1
 While Tarika (gross estate) refers to all of the persons properties

rights and obligation of the deceased prior to deduction the rights and

claims attached to it.1

b) State the liens and charges attached to the estate of a

decedent in accordance with Islamic Law and the Code of Muslim
Personal Laws and explain briefly each of them.

The following are the liens and charges attached to the

estate of a decedent in accordance with Islamic law: 2

i) Rights of decedents (over) his estate (Huquq el maith).

These are the only rights of a deceased person over his

estate, i.e. funeral/ expenses which consists of the fees paid

or incurred in the washing, shrouding and internment of his

remains. This also includes the expenses of his dependents

pending settlement of estate.

ii) Specific rights (Al huquq il ainiyah). These are rights

attached to the property or estate. They include Zakat (Legal

alms), mortgages or pledges on specific properties used as

guarantee or collateral for a loan or debt.

1
Arabani, p.598, 2011 ed.
2
Notes On Muslim Personal Law Of Succession, By: Moh’d Musib Buat
2
 iii) All kinds of debts (aduyon al mutlaqah). These are debts

incurred prior to the death of the decedent, they are of two

classes:

a.) debts incurred in good health (aduyon mursalah),

b.) debts incurred in illness, Imam Malik and Imam Shafii do

not make any distinction between the two debts. However, in

case of debts incurred in serious illness, (marad-al-maut) (death

illness), the debts incurred in good health take preference. Long

term debts became due at the time of death of the decedent.

Dower3 (mahar) of a wife falls under this category.

iv) Rights of legatees (al-haqul-el-musshalahu). These are

legacies and bequest chargeable to the extent of one-third of

the estate after deducting above charges, i,ii,iii.

v) Rights of heirs (al-haqul-waratha). This pertains to the rights

of the heirs over the remainder or the estate after deducting

the foregoing charges before distribution.

3
Opposite of Dowry for husband from wife in some parts of India.
3
 The following are the liens and charges attached to the
estate of a decedent in accordance with the code of Muslim
Personal Laws of the Philippines: 4

i. Unpaid taxes; those referred the tax required by the

government to pay.

ii. Reasonable funeral expenses; All money used in funeral

shall be deducted to the estate of the deceased.

iii. The expenses for probate, administration and other judicial

expenses; those referred to the financial expenses use in the

processes before the partition of the estate;

iv. The debts of the decedent; those referred to the money or

property borrowed by decedent when he is still alive.

v. The legacies to the extent of the disposable one-third; thus

refer to the will made by the testator which shall not be

more than one-third of his estate.

vi. Distribution of the shares among heirs; after all the

deduction of the claims attached to the estate of the

decedent, the property will be divided to the legal heirs.

4
Article 135, P.D.1083
4
 vii. Unpaid dower; those referred to the dower, if not fully paid

before, during and after marriage.

2. a) Can a non-Muslim wife inherit from the estate of her

deceased Muslim husband under the Islamic Law? Explain briefly
your answer.

No. One of the disqualification to inherit under Islamic law is

the difference in religion. Thus, a non-Muslim wife cannot inherit from

the estate of her deceased Muslim husband.

b) Briefly state what are the provisions on the Code of

Muslim Personal Laws which ensure the right of a non-Muslim
spouse to receive a bequest (wasiya) by operation of law.

The Code substantially provides that the parent or spouse, who

is otherwise disqualified to inherit in view of Article 93(c) shall entitle

to one-third (1/3) of what he or she would have received without such

disqualification.5

3. a) A person died survived by his father, mother, and wife.

Distribute his estate worth P120,000.00 among the surviving heirs
in accordance with their apportioned shares.

F + M + W
R + 1/3(Ri) + 1/4

5
Art. 107, P.D.1083
5
 3 + 1/3(3/4) + 1/4
2/4 + 1/4 + 1/4
Therefore:
F= 2/4 (120,000) = P 60,000.00
M= 1/4 (120,000) = P 30,000.00
W= 1/4 (120,000) = P 30,000.00
P 120,000.00
b) A person died survived by her father, mother and
husband. Distribute her estate worth P160,000.00 among her
surviving heirs in accordance with their apportioned shares.

F + M + H
R + 1/3(Ri) + 1/2
1/2 + 1/3(1/2) + 1/2
2/6 + 1/6 + 3/6
Therefore:
F= 2/6 (160,000) = P 53,333.00
M= 1/6 (160,000) = P 26,667.00
H= 3/6 (160,000) = P 80,000.00
P 160,000.00
In the two problems above stated, briefly explain your solutions by
discussing the applicable rules in the Muslim Code of Islamic
Jurisprudence.

The two problems mentioned above are referred to as

Umaryattan Case wherein the only heirs are the parents of the deceased

together with his/her spouse. It was named after Caliph Umar RA who

6
indirectly settled and decided the case laterally to the law that a portion

of male must be double of that female.

In the instance of their regular share, the mother will get a

higher share than the father. Accordingly, the father complained to the

Caliph and that he made the alternative solution, by way of the male

have double share to that female and arrived to the formula that the

mother has a share of the residue initial multiplied with one-third as

provided under the Qur’anic share.

4. A person died survived by his mother, step father, one (1)

uterine brother, one (1) uterine sister, two (2) full brothers, one (1)
full sister, one (1) father’s brother, his wife and a grandson.

1.) Who are the legal heirs of the decedent?

The following are the legal heirs of the decedent;

a) mother
b) wife
c) grandson

2.) What is the basis of their right to inherit from the

decedent?

The basis of their inheritance is that they are all sharer which

the law itself fixed their corresponding share to the estate of the

7
decedent. Thus, the mentioned heirs, mother and wife, cannot applied

to them the principle of exclusion.

3.) Who are those qualified to inherit, and those disqualified

to inherit, if any

The following are those qualified to inherit:

a) mother
b) wife
c) grandson

The following are those disqualified to inherit:

a) step father - not related to the deceased person.
b) uterine brother - excluded by grandson.
c) uterine sister - excluded by grandson.
d) full brother - excluded by grandson.
e) full sister - excluded by grandson.

4.) Give the corresponding shares of those who are

entitled to inherit from the decedent.

M + W + GSon

1/6 + 1/8 + R

4/24 + 3/24 + 17/24 = 24/24

5. Ali married his first cousin Zorayda in accordance with

Muslim rites. Subsequently, Ali died leaving his widow as the only
heir. The decedent left no will (wasiya) and an estate worth

8
P1,000,000.00. The lawful debts he left behind, including taxes,
amount to P200,000.00

1.) What will be the share of the widow and on what basis?
Reasons.

Step 1.
P 1,000,000.00
- P 200,000.00
P 800,000.00 (net estate)

Step 2.
W = ¼ ( P800,000.00) = P200,000.00

Therefore, the wife will get P200,000.00 on the basis that wife

will share ¼ in the absence of the child or children.

2.) What happens to the residue of the estate? Explain your

answer.

The residue will goes to the wife because she is also related to

the deceased as distant kindred cousin and no other surviving heirs,

then the remaining 600,000.00 will be given to her. Thus, her total

share is P800,000.00.

6. A person survived by his mother, his wife who is pregnant

at the time of his death, one (1) brother, one (1) sister, a paternal
uncle and a maternal aunt.

1.) Who are entitled to inherit and on what basis?

9
 The following are entitled to inherit in two (2) instances:

First, consider the conceived child as a son:

i. Mother
ii. Wife
iii. Son as conceived child

The brother and sister, paternal uncle and maternal aunt are

excluded in the presence of the son.

Second, consider the conceived child as a

daughter:
i. Mother
ii. Wife
iii. Daughter as conceived child
iv. Brother
v. Sister

The paternal uncle and the maternal aunt are excluded by the

brother.

The law substantially provides that one or more consanguine

brothers or sisters surviving together, shall participate in the hereditary

estate, a brother to inherit double the share of a sister.

2.) Give the share of those entitled to inherit.

a. First, consider the conceived child as a son:

10
 M + W + S

1/6 + 1/8 + R

4/24 + 3/24 + 17/24 = 24/24

b. Second, consider the conceived child as a daughter:

M + W + D + GB + GS

1/6 + 1/8 + 1/2 + R

4/24 + 3/24 + 12/24 + 5/24 =24/24

(4/24 + 3/24 + 12/24 + 5/24 =24/24)3/3

12/72 + 9/72 + 36/72 + 10/72 +5/72 =72/72

The share of the son from first instance is greater than the share

of the daughter in second instance; therefore the share of the former

will be reserved to the conceived child.

3.) State the rule on the period of pregnancy (mudat-ul-

hamel) in relations to the unborn (posthumous) child.

According to Imam Abu Hanifa, the shortest period of

pregnancy (dat-ul-hamel) is six (6) months and the longest is two (2)

years. Imam Shafii reported that the longest period of pregnancy is nine

(9) months. This is agreed among Muslim jurists.

11
 In the modern science of medicine, through the use of “ultra

sound” and electronic gadgets, physicians are able to determine and

calculate the length of pregnancy and even the sex of the child in the

womb of the mother.

7. a) State the essential elements for the validity of a will

(wasiya) under Islamic Law.

The following are the essential elements for the validity of a

will (wasiya) under Islamic law:

i. the testator 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;

ii. It must be made freely and voluntarily and not in jest or

under compulsion, threat, duress or intimidation;

iii. It must be made in a manner and form which sufficiently

and clearly shows the intention of the testator regarding

his desire to bequeath by will;

iv. The testator at the time of making the will must have the

properties over which he can exercise control; and

12
 v. It must be made in the presence of at least two

competent, credible and disinterested witnesses.

b) In case of an aborted child, can his heirs inherit from

him?

No. An aborted child is dead upon delivery and no personality,

thus no property left to his surviving heirs unless if there is a reserved

property to him. The said property will be redistributed to the heirs.

Furthermore, an aborted child under Islamic law cannot inherit from the

decedent, for the reason that he is not alive.

The Code substantially provides that birth determines

personality but the conceived child shall be considered born for all the

purposes that are favorable to it, provided it be born alive. However,

briefly at the time he is completely delivers from the mother womb.

c) Who are entitled for the fine or compensation arising

there from i.e. Diyat (blood money) under Islamic Law, assuming
that the only survivor is the mother of the child.

Under Islamic law, a fine or compensation arising from Diyat 6

(blood money) shall be given to the surviving relatives. In the case at

6
Diyat is considered as estate of the deceased person and to be divided to the heirs in
accordance with Islamic Law on Succession. From the Legal Opinion of Mufti
Hassuna An-Nawawi of Al-Azhar University, Cairo, Egypt, dated 1315 H Dhul
Qaida.
13
bar, the mother will receive the blood money as the only surviving heir

after deducting the expenses from the settlement of the case.

8. a) What is the distinction between an acknowledged child

and an acknowledged kinsman in terms of successional rights?

Acknowledged child who is the result of divorce by li’an, can

inherit to the father as a legal heir provided the father manifested the

acceptance in the public that he is the father of the child and retracted

the charge of adultery to his wife;

Whereas, Acknowledged kinsman from unknown descent can

inherit only if sharers, residuaries and distant kindred are all absent.

b.1) Could a disavowed child (walad-a-li’an) inherit from

his natural father after the latter acknowledge him as his son?

Yes. A disavowed child can inherit to his natural father after

the latter acknowledged him as his son. Under Islamic law, it is called

as direct acknowledgement. The acknowledged person shall become

the heir (as son or daughter) of the acknowledger and shall be entitled

to inherit from him as such in the order of preference of heirs.

b.2) What is the rule when the father retracts his charge of
adultery against the mother of the disavowed child?

14
 The rule when the father retracts his charged of adultery against

the mother of the disavowed child is that, there is still no change to the

effect that there must be no mutual rights of inheritance. The effect of

the divorce is perpetual.

b.3) State the legal status of the child and explain your
answer.

The legal status of the child is an illegitimate child (waladu lian)

through divorce by Lian, unless he becomes a legal heir of his father on

the ground that the father acknowledged him as his own child and

retracted his charge of adultery to his wife.

9. A person who is in a state of death illness (marad-ul-maut)

repudiates talaq his wife. A month after the expiration of the wife’s
‘Idda, the former husband died. A day after the death of the ex-
husband, the ex-wife contracted a second marriage. Within six
months from the celebration of the second marriage, the ex-wife
gave birth to a son. The estate of the decedent is pending settlement
before your sala as District Shari’ah Judge. Explain:

a) Could the ex-wife inherit from the decedent? Explain.

No. She will not inherit from the husband’s estate due to her

subsequent marriage, which she made their mutual rights of inheritance

extinguished. However, the law provides that she may inherit from the

15
husband even after the expiration of idda in the case of talaq during the

time of death illness, but in the case at bar, she contracted a subsequent

marriage.

b) Could the child, who was born within six months from
the death of the decedent, inherit also from the estate? Explain

Yes. A child born within six month from the death of the

decedent can inherit from the estate but she shall inform the heirs of

such fact. The law substantially provides that, should the marriage be

dissolved the wife contracts another marriage after the expiration of the

idda, a child born within six month from the dissolution of the prior

marriage shall be presumed to have been conceived during the former

and if born thereafter, during the latter.7

c) In the preceding problem, suppose it was the wife who

died during the pendency of her ‘Idda, could the surviving
husband inherit from her estate? Explain.

No. the husband could not inherit from the wife due to the fact

that he has pronounce a talaq to his wife. The law substantially

provides that, the husband who, while in a condition of death-illness,

7
Article 60-61, P.D.1083
16
divorces his wife shall not inherit from her, but she shall have the right

to succeed him even after the expiration of idda8.

10. Abdulmajid is an enlisted man in the Armed Forces of the

Philippines. He was stationed in Jolo in 1974 at the height of the
civil uprising in the area. He has a son who is working in Saudi
Arabia. Since then, nothing has been heard of the whereabouts of
Abdulmajid. His son is his only heir. He learned of the
disappearance of his father when he returned home last month
(November 1983). The son could not ascertain whether his father is
dead or still alive. His father has a large tract of land in Kiamba,
South Cotabato.
As his counsel, what advice would you give the son? Explain
by stating applicable rules on inheritance under Islamic Law of the
Muslim Code.

As a counsel, I will advise him to notify and file a petition for

assumption of death to the Court for issuance of death certificate. The

law substantially provides that after an absence of seven years, it being

unknown whether or not the absentee still live he shall be presumed

dead. However, in order the estate be transmitted, it must be after the

lapse of 10 years after which he shall be presumed dead by decree of

court. The afore mentioned seven years, refer to his civil personality,

but ten years lapse refer to the period of waiting in order for the heirs to

notify the court of such, the court may issue the corresponding death

8
Article 96, P.D.1083
17
certificate in order that the property or estate may be transmitted to

heirs. In the case at bar, ten years is lapsed and he should file the

petition for assumption of death to the Court.

11. Define:

a) Succession

Succession is a mode of acquisition by virtue of which

the estate of a person is transmitted to his in accordance with

this Code.9

b) Will

Will is a declaration where by a person is permitted,

with the formalities prescribed by law, to control the disposition

after his death of nor more than one-third of his estate, if there

are heirs or the whole of it, if there are no heirs or distant

kindred.10

12. Enumerate the disqualifications to succession.

9
Art. 89, P.D. 1083
10
Art. 101, P.D.1083
18
 The following shall be disqualified to succeed: 11

(a) Those who have intentionally cause directly or indirectly

the death of the decedent;

(b) Those who have committed any other act which constitutes

a ground for disqualification to inherit under Islamic law;

and

(c) Those who are situated that they cannot inherit under

Islamic Law.

13. a) What are the claims and charges that should not be
applied to the said estate? Give examples.

The claims and charges that should not be applied to the said

estate are as follows:

i) Expenses which are not reasonable for funeral expenses,

i.e. slaughtering cows during the mourn days.

ii) Money loan with interest.

iii) A will of more than 1/3 of the estate unless ratified by

heirs.

11
Article 93, P.D.1083
19
 iv) and other properties which are acquired from unlawful

(haram), i.e. drug business, Scam Pyramidal scheme.

14. a) What are the qualifications of a testator or capacity to

make a will?

Pursuant to the provision of the Code of Muslim Personal laws

which substantially provides that any person of sound and disposing

mind and who is not expressly prohibited under Islamic law may make

a will. Persons of either sex under the age of puberty cannot make a

will.12

b) What is the philosophy behind the authority to make a

will granted to the testator?

The philosophy behind the authority to make a will granted to

the testator is that it is a divine institution, since it is regulated by the

Qur’an. It offers to the testator the means of correcting a certain extent

the law of succession and of enabling some of those relatives who are

excluded from inheritance to obtain a share in his good and of

recognizing the services rendered to him by a stranger or the devotion

to him in his last moment.13

12
Article 105, P.D.1083
13
Arabani, 2011ed, p. 631
20
15. a) What is the testamentary waqf?

Under the law, testamentary waqf is an endowment for Islamic

purposes to take effect after the death of the donor (waqf-bil-wasiya)

partakes of the nature of a testamentary disposition.14

b) When and how may a will be revoked by the testator?

The law substantially provides that the will may be expressed or

impliedly revoked by the testator at any time before his death. Any

waiver or restriction of this right shall be void.15

16. a) What is reversion?

Reversion (radd) literally means to return. Technically, in the

Muslim law on succession, it is a process whereby when after giving

the fixed sharers their shares, a residue is left in the inheritance and

there is no residuary heirs to receive the it, the same shall revert in its

entirely to the lone sharer or to all the sharers in proportion to their

respective share.16

14
Article 104, P.D.1083
15
Article 108, P.D.1083
16
Arabani, 2011ed, p. 732
21
 b) State the conditions under which it may be applied in
Succession.

Under the provision of the code of Muslim Personal laws which

substantially provides, if after distributing the portion of the shares, a

residue is left in the inheritance and there is no surviving residuary

heirs, the residue shall revert in its entirely to the one share or to all

sharers in proportion to their respective sharers. However, the husband

and the wife shall not be entitled to any part of the reverted portion as

long as there are other sharers and distant kindred.17

17. a) Who are the heirs entitled to the inheritance as sharers?

Who among the sharers are entitled to one-third (1/3) of the estate?

The following are entitled to inheritance as sharers:

i) The husband, the wife;

ii) The father, the mother, the grandfather, the

grandmother;

iii) the daughter, and the son’s daughter in the direct line;

iv) The full sister, consanguine sister, uterine sister and the

uterine brother

17
Article 130, P.D. 1083
22
 The following are entitle to 1/3 of the shares

i) The mother

ii) The uterine brothers and uterine sisters

b) A person died leaving a daughter, wife (widow), a

grandfather, and a full brother. The hereditary estate is
P480,000.00. What is the share of each heir?

Step 1.

D + W + FF + GB
½ + 1/8 + 1/6 +(R) + R
12/24 + 3/24 + 4/24 + 5/24

Step 2.

D + W + FF + GB

12/24 + 3/24 + R

[12/24 + 3/24 + 9/24] 2/2

24/48 + 6/48 + 9/48 + 9/48

Therefore:

D = 24/48 ( P480,000.00) = P 240,000.00

W = 6/48 ( P480,000.00) = P 60,000.00

FF = 9/48 ( P480,000.00) = P 90,000.00

GB = 9/48 ( P480,000.00) = P 90,000.00

23
18. a) Define residuary heirs.

Residuary heirs are the heirs who are related to the deceased

through a male link. Under the law which states that, any residue left

after the distribution of the shares of the sharers shall be partitioned

among the residuary heirs.18

b) How may an heir succeed as a residuary? Give examples.

The law substantially provides that any residue left after the

distribution of the shares of the sharers shall be partitioned among the

residuary heirs, example: An heir may succeed as residuary heirs in his

own rights i.e male descendant of the decedent such as the son, son’s

son how low so ever, residuary heirs in another’s right i.e. daughter

when she survives with the son, or together with another’s right i.e. full

blood or consanguine sister surviving with daughters of the decedent.19

19. a) A person died leaving a father, a wife, a mother’s sister, a

father’s brother and a mother. The hereditary estate is P120,
000.00. What is the share of each heir?

F + W + MS + Fbro (GPU) + M

18
Article 124,P.D. 1083
19
Article 124,P.D. 1083
24
R + 1/4 + excluded excluded + 1/3(Ri)

2/4 + 1/4 + 1/3 (3/4)

2/4 + 1/4 + 1/4 = 4/4

Therefore, falls on Umaryattan case:

F = 2/4 (P 120,000) = P 60,000.00

W = 1/4 (P 120,000) = P 30,000.00

M = 1/4 (P 120,000) = P 30,000.00

P 120,000.00

b) In the above-mentioned problem, who shall inherit and

who shall not? Give reasons.

The following are those who can inherit:

i) Father; because he is a sharer and cannot be excluded by

any one and his share was fixed in the holy Qur’an.

ii) Wife; because she is relative to the decedent by affinity

and the same with the father her share is already fixed in

the holy Qur’an

iii) Mother; because she is also a sharer and cannot be

excluded by any of the heirs and the same with the

afore-mentioned also her share is prescribed in the Holy

Qur’an.
25
20. a) Enumerate the heirs, the shares whom is one over six
(1/6) each. Explain briefly.

The heirs who are entitled to the hereditary estate of one over

six (1/6) are as follows:

i) Father; if the father survives with his child or children,

her share is sixth.

ii) Mother; if the mother survives with a children or when

she survives with no children and two or more brothers

and sisters of the decedent.

iii) Son’s daughter; if the only female sharer is the daughter,

she is entitled to 1/6 as a completion of the 2/3 share of

the female.

iv) Germane sister; if the only female sharer is the daughter

or son’s, she is entitled to 1/6 as a completion of the 2/3

share of the female.

v) Consanguine sister; if the only female sharer is the

daughter or son’s daughter or germane sister, she is

entitled to 1/6 as a completion of the 2/3 share of the

female.
26
 vi) Uterine sister; when she does not survive with her own

sisters (i.e. another uterine sister/s) or uterine brother

vii) Uterine brother; when he does not survive with her own

brother (i.e. another uterine brother/s) or uterine sisters

b) A person died leaving a son, a daughter, a consanguine

brother. The hereditary estate is P600,000.00. Before settlement
and partition of said estate, the son died. If you were a Judge, how
should you distribute the estate applying related rules?

If I will be the judge, I will first divide and distribute to the son

and daughter in which the consanguine brother is excluded by the son.

The reason is that the son is alive at the time of the death of the

decedent which is one of the requisites in order to be qualified as

successor. Secondly, I will divide the share of the son as his estate

which pertains to him when he was alive.

Illustration:

Estate: P 600,000.00
Step 1.
S + D + CB (excluded by son)

2/3 + 1/3 = 3/3

27
 Son = 2/3 (P 600,000.00) = P 400,000.00

Daughter = 1/3 (P 600,000.00) = P 200,000.00

Step 2.

GS + PCU

1/2 + R

1/2 + 1/2 = 2/2

Estate: P 400,000.00

Germane sister = 1/2 (P 400,000.00) = P 200, 000.00

Paternal Consanguine Uncle = 1/2 (P 400,000.00) = P 200,000.00

Therefore:

Daughter (Germane Sister) = P 200, 000.00 + P 200, 000.00

= P 400,000.00

Consanguine Brother (Paternal Uncle)= P 200,000.00

P 600,000.00

21. a) What are the essential elements (rukun) of inheritance

and explain each briefly?

Essential Elements of Inheritance (Arkhamul- Mirath) are:

28
 i. Death of a decedent (al murath)

ii. Presence of heirs (al warith)

iii. Estate left by decedent (al mauruth)

b) What are the essential conditions or requisites (surut) of

inheritance and explain briefly?

Essential Requisites of Inheritance (Surut) are:

i. Proof of the death of a decedent (Maut al

Murath)

ii. Survival of the heirs of the decedent ( al ilm bi

jihati al irth)

iii. Ascertainment of the basis of inheritance (al ilm

bi jihati al irth)

c) Distinguish the two concepts.

Ruk’n is the singular of Arkhan (essential element). Muslim

jurists make distinction between essential elements and surut

(conditions, sing. sart). The former forms part of the rights of

inheritance (al-waratha) while the latter are pre- conditions or pre-

requisites for the exercise of such rights.

29
22. State the rule with respect to succession between divorced
persons under Muslim Law or the Muslim Code.

The law substantially provides that a husband who repudiates

his wife shall have mutual right of inheritance with her while she is

observing idda. After the expiration of the idda, there shall be no

mutual rights of succession between them. However, the husband who,

while in a condition of death-illness divorces his wife shall not inherit

from her, but she shall have the right to succeed him even after the

expiration of her idda.20

23. a) What is meant by total and partial exclusion? Explain

each briefly.

Total exclusion means exclusion from the actual inheritance

itself (such as the exclusion of the grandfather by the father.

Partial exclusion means the prevention from a part of the

inheritance (such as the deduction of the husband’s share by a child

from half to one-fourth.21

b) Who are the heirs who cannot be totally excluded?

The following are cannot be totally excluded:

20
Art. 96. P.D.1083
21
Arabani 2011 ed., p.708
30
 a) husband
b) Wife
c) Son;
d) Daughter
e) Father
f) Mother

24. Give the three (3) general classifications of heirs and

enumerate those falling under each category.

(a) Sharers:

(b) Residuaries: ROR, RAR, RTA

a) Residuary in their own right:

a) Male descendants of the decedent in the direct line;

b) Male Ascendants of the decedent in the direct line;

c) Full- blood or consanguine brother of the decedent

and their male descendants, however distant in degree; and

d) Full- blood or consanguine paternal uncles of the

decedent and their male descendants, however distant in

degree.

b) Residuary in another’s right:

a) Daughter’s surviving with the son of the decedent;

b) Son’s daughter surviving with their own brothers;

31
 c) Full sisters surviving with their full brothers; and

d) Consanguine sisters surviving with their consanguine

brothers

c) Residuary together with another

Full-blood or consanguine sisters surviving with daughters

or with son’s daughters, however distant in degree from the

decedent, are residuaries together with another.

(c) Distant kindred22

25. Enumerate the heirs who are entitled to the following allotted
shares to wit:

1/6 ½ 2/3 ¼ 1/3 1/8

Father Husband Daughter Husband Father wife
Mother Daughter Son’s wife Mother
daughter
True Son’s Germane Uterine
grand daughter sister brothers
father

True Germane Consanguine Uterine

grand sister sister sisters
mother

22
Ronsing, Succession, p. 25
32
 Son’s Consanguine
daughter sister

Uterine
brother
Uterine
sister

26. Hassan died. His mother Habiba and two (2) full sisters
survive him. Mariam and Sofia. He left properties worth
P120,000.00. Distribute his estate by applying the appropriate
doctrine in the law of inheritance. Justify your answer.

M + 2GS

1/6 + 2/3

1/6 + 4/6 = 5/6 doctrine of Radd

1/5 + 4/5 = 5/5

Therefore:

M = 1/5 (P 120,000.00) = P 24, 000.00

GS1 = 2/5 (P 120,000.00) = P 48, 000.00

GS2 = 2/5 (P 120,000.00) = P 48, 000.00

P120,000.00

27. Kiram died intestate. He left the following properties, to

wit; house and lot valued at P300,000.00; brand new car valued at

33
P200,000.00; farm with fruit orchard valued at P100,000.00; house
furniture’a at P50,000.00; Ford Fiera at P45,000.00 and debts in
the sum of P215,000.00. His two sons, a daughter, mother and wife
survive him. During the settlement of the estate; the daughter
waived her claims to the estate provided that she will have the Ford
Fiera vehicle.

a) Distribute the estate by applying the appropriate rules on

inheritance. Let us assume that all the heirs agreed to the demand
of the daughter.

Estate:
House and lot P300,000.00
Brand new car 200,000.00
Farm 100,000.00
Furniture 50,000.00
Ford Fiera 45,000.00
Less: debts - 215,000.00
------------------

Net Estate P380,000.00

2S + D + M + W

R + 1/6 + 1/8

(17/24 + 4/24 + 3/24= 24/24) 5/5

68/120 + 17/120 + 20/120 + 15/120 =120/120

2S = 68/120 (P380,000.00) = P215,333.32

@ 107,666.66/each Son

D = 17/120 (P380,000.00) = P 53,833.33

M = 20/120 (P380,000.00) = P 63,333.33

34
W = 15/120 (P380,000.00) = P 47,500.00
-----------------
P380,000.00

a) Solution 1 (ford fierra is the share value of the Daughter as

agreed by them worth of P45,000.00):

Excess share of the Daughter to be distributed to 2S +M+W:

P 53,833.33 – 45,000.00 = P8,833.33

2S + M + W

R + 1/6 + 1/8

17/24 + 4/24 + 3/24 = 24/24

2S = 17/24 (P8,833.33) = P 6,256.94

@ 3,128.47/each Son

M = 4/24 (P8,833.33) = P 1,472.22

W = 3/24 (P8,833.33) = P 1,104.17

-----------------
P8,833.33

Therefore:

2S = P215,333.32 +P 6,256.94 =P221,590.26

@ 110,795.13/each Son

D = P 45,000.00

35
M = P 63,333.33 +P1,472.22 = P 64,805.55

W = P 47,500.00 +P1,104.17= P 48,604.17

-----------------
P380,000.00

b) Suppose that in the same problem, only the two (2) sons,
the other daughter and mother agreed but the wife objected. How
will your distribute the estate? Please explain and justify your
answer.

Excess share of the Daughter to be distributed to 2S +M:

P 53,833.33 – 45,000.00 = P8,833.33

2S + M

R + 1/6

5/6 + 1/6 = 6/6

2S = 5/6 (P8,833.33) = P 7,361.12

@ 3680.56/each Son

M = 1/6 (P8,833.33) = P 1,472.21

-----------------
P 8,833.33

Therefore:

2S = P215,333.32 +P 7,361.12 = P222,694.44

@ 111,347.22/each Son

D = P 45,000.00

M = P 63,333.33 +P 1,472.21 = P 64,805.54

W = P 47,500.00
36
 -----------------
P380,000.00

28. a) What are the impediments or disqualifications to inherit

under Islamic law? Discuss each briefly.

The impediments or disqualifications to inherit are as follows: 23

i) slavery; It was one of the impediment to inheritance for

the reason that during the pre-Islamic Arabs, a slave is

then considered the property of his master and therefore,

has no legal right to inheritance. Fortunately, it was

already abolished.

ii) Murder or homicide; It is also an impediment to

inheritance when someone causes the death of the

decedent. It was also reported that the prophet said that,

the murder shall not inherit.

iii) Difference of religion; it is again become an impediment

to inheritance on the basis of the tradition of the prophet

that, the two people belonging to two different faiths do

not inherit from each other.

23
Arabani, 2011 ed., p.604-608
37
29. Generally, an apostate (murtad) cannot inherit. Give an
instance where an apostate may inherit.

The Code provides that, by bequest by operation of law, an

apostate may inherit from his Muslim relatives, should the testator dies

without having made a bequest in favor or any child of his son who

predeceased him, or who simultaneously dies with him, such child shall

be entitled to one-third (1/3) of the share that would have pertained to

the father if he were alive. The parent or spouse, who is otherwise

disqualified to inherit in view of Article 93(c) shall entitle to one-third

(1/3) of what he or she would have received without such

disqualification.24

30. Musa died leaving a gross estate worth P740,000.00. At the

time of his death, he was survived by the following relatives: (1)
wife, (2) father, (3) father’s father, (4) mother, (5) mother’s
mother, (6) daughter, (7) son’s daughter, (8) full sister, (9)
consanguine sister, (10) uterine sister, (11) uterine brother, and
(12) an adopted son. During his lifetime, he borrowed P20,000.00
from the Philippine Amanah Bank which was not paid. He also
made a will of P20,000.00 in favor of a friend. His unpaid taxes
amounted to P10,000 and P15,000.00 was spent for his funeral.
a) Who are entitled to inherit? Give the basis of their
inheritance.

24
Art. 107, P.D.1083
38
 The following are entitled to inherit:
a) wife
b) Father
c) Mother
d) Daughter
e) Son’s daughter

b) Who are not entitled to inherit? Give the basis or reason

why they cannot inherit.

The following are not entitled to inherit:

a) Father’s father; excluded by the father.

b) Mother’s mother; excluded by the mother.

c) Uterine Sister; excluded by the father.

d) Uterine brother; excluded by the father.

e) Adopted son; no relation to the deceased.

c) Compute and give the shares of those entitled to inherit in

terms of Philippine money.

Estate:
P 740,000.00
Less: - P 15,000.00
- P 10,000.00
- P 20,000.00
- P 20,000.00
P 675,000.00 (net estate)

39
W + F +M +D + SD

1/8 + 1/6+R +1/6 +1/2 + 1/6

3/24 + 4/24 +4/24 +12/24 +4/24 = 27/24

3/27 + 4/27 +4/27 +12/27 +4/27 = 27/27

Therefore:
W=3/27 ( P 675,000.00) = P 75,000.00
F= 4/27 ( P 675,000.00) = P 100,000.00
M=4/27 ( P 675,000.00) = P 100,000.00
D= 12/27 ( P 675,000.00) = P 300,000.00
SD=4/27 ( P 675,000.00) = P 100,000.00
P 675,000.00

31. Mohammad and Zaid, father and son, respectively, boarded

a plane bound for Singapore. The plane crashed killing all the
passengers including Mohammad and Zaid. No evidence was
available to prove as to who of the two died first. At the time of
their death, they left substantial property, and were survived by
the following relatives: (1) Rakma, Mohammad’s wife and Zaid’s
mother, (2) Latipa, Mohammad’s daughter and Zaid’s sister and,
(3) Zainab, Mohammad’s daughter- in-law and Zaid’s wife.

a) Who are entitled to inherit from the estate of

Mohammad? Compute and give their respective shares.

The sharers entitled from the estate of Mohammad are Rakma,

Mohammad’s wife and Latipa, his daughter.

40
 W + D
1/8 + 1/2
1/8 + 4/8 = 5/8 doctrine of Radd
1/8 + 7/8 = 8/8

b) Who are entitled to inherit from the estate of Zaid?

Compute and give their respective shares.

The following are entitled to the estate of Zaid are Rakma, his

mother, Latipa, his sister and Zainab, his wife.

M + GS + W
1/3 + 1/2 + 1/4
4/12 + 6/12 + 3/12 = 13/12 doctrine of ‘Aul
4/13 + 6/13 + 3/13` = 13/13

32. a) What are the different modes of succession in the light of

Presidential Decree No. 1083? Discuss each mode briefly.

The different modes of succession are as follows: 25

i) By will; a person may by will, executed in the manner or

form prescribed by law, provides for the disposition of

his properties within the limit set by this code and upon

25
Arabani, 2011 ed., p 629, Art. 100, PD. 1083
41
 his death, his property shall thus be disposed according

to his will.

ii) By operation of this code; when the deceased left no will

or there being a will but the same is declared invalid,

then his estate shall pass to his heirs or persons entitled

there to, by operation of law in accordance with the rules

laid down under the code on legal succession.

iii) By combination of both; when although the deceased

left a will but which does not provide for the disposition

of all his properties, then his estate shall be settled partly

according to his will and as regard to his other properties

left after satisfying his will, they shall disposed by

operation of law in accordance with the rules on legal

succession.

b) State the order of succession under the Presidential

Decree No. 1083. Discuss each briefly

Order of succession are as follows: 26

26
Art 99, PD 1083
42
 i) sharers; those whose shares are fixed and prescribed in

the Holy Qur’an.

ii) Residuaries; those who are related to the decedent

through male link. They are entitled to the residue after

the distribution of the fixed shares of sharers.

iii) In the absence of the foregoing, the Distant kindred;

those who are excluded as sharer due to their female

link;

iv) in default of the above, the acknowledge kinsman,

universal legatee, or public treasury, in that order.

33. a) A wife died leaving an estate valued at P100,000.00 at the

time of her death, she was survived by her husband, mother, two
uterine brothers and full brother. Compute and distribute their
respective shares.

Step 1.

H + M + 2UB + GB

½ + 1/6 + 1/3 + R

3/6 + 1/6 + 2/6 + 0 = 6/6

43
 In this case, UBs will share their portion equally to GB.

Step 2.
H + M + 2UB + GB

½ + 1/6 + R

[3/6 + 1/6 + 2/6] 3/3

9/18 + 3/18 + 6 /18

9/18 + 3/18 + (2/18 + 2/18) +2/18 =18/18

Therefore:

H = 9/18 (P 100,000.00) = P 50,000.00

M = 3/18 (P 100,000.00) = P 16,666.67

UB1 = 2/18 (P 100,000.00) = P 11,111.11

UB2 = 2/18 (P 100,000.00) = P 11,111.11

GB = 2/18 (P 100,000.00) = P 11,111.11

44
34. a) What does inheritance include under the Muslim Code
P.D. 1083

The law so provides that, the inheritance of a person included

all properties of any kind, movable or immovable, whether ancestral or

acquired either by onerous or gratuitous title as well as all transmissible

rights and obligations at the time of his death and those that accrue

thereto before partition.27

b) Give at least two examples of transmissible rights and

obligations of a deceased person. Discuss each briefly.

Examples of transmissible rights and obligations of a deceased

person are:

i) obligation to support; the heirs is liable to the child of

the deceased such that of under the womb of his wife.

Such as the law substantially provides that, if, after the

dissolution of the marriage, the wife believes that she is

pregnant by her former husband, she shall within thirty

days after she became aware of her pregnancy notify the

27
Article 92, P.D.1083
45
 former husband or heirs. This implies that the heirs must

be responsible enough to the child, in the womb of his

wife, left by the deceased.

ii) property rights; those refer to the property of the

deceased that subject to the inheritance.

35. a) May a will, holographic or formal, pass any proper

without being probated in accordance with law? Discuss briefly
your answer.

No. Will, holographic or formal could not pass any proper

without being probated in accordance with law. The law substantially

provides that, No will of any other kind, holographic or formal, shall

pass any property unless it is proved and allowed in accordance with

this Code.28

b) If a will is probated during the lifetime of the testator, is

it necessary probate it again after the death of the testator?

Yes. A will must be probated it again after the death of the

testator. The reason behind is that, in order to assure that the will was

not being falsified and altered by the person handling thereof.

28
Art.103, P.D.1083
46
36. a) What are the sources of the inheritance under Islamic
Law? Explain each briefly

The following are the sources of the inheritance under Islamic

law:

i. The Holy Qur’an; those the shares of the legal heirs was

fixed particularly the sharers.

ii. Hadith; For example is the saying of the Prophet to the

effect that no will to an heir.

iii. Ijma-al-Ummah; those refer to the consensus of the

jurists when there is no applicable rule express in the

foregoing sources.

iv. Custom or usages; those refer to the way accustomed by

the people in distributing the inheritance to the heirs in

their shares.

b) Give at least three (3) principal reasons why under

Islamic Law a male inherits double the share of a female.

The following are among the reason why under Islamic law

why a male inherit double the share of female:

47
 i. Male has a greater responsibility than the female in the

sense that he is bound to protect and secure his sister in

times of trouble.

ii. Male is entitled to give customary dower should he wish

to contract a marriage while female is entitled to receive

customary dower when someone wants to marry her.

iii. Male are obliged to support his sister should their

marriage was dissolved.

37. a) A married woman died leaving an estate. At the time of

her death, she was survived by her husband, mother, two uterine
brothers, and a full brother. Give their respective shares.

Step 1.
H + M + 2UB + GB

1/2 + 1/6 + 1/3 + R

3/6 + 1/6 + 2/6 + 0 = 6/6

In this case, UBs will share their portion equally to GB.

Step 2.
H + M + 2UB GB

48
1/2 + 1/6 + R

[3/6 + 1/6 + 2/6] 3/3

9/18 + 3/18 + (2/18 +2/18) +2/18 = 18/18

Therefore:
H = 9/18
M = 3/18
UB1 = 2/18
UB2 = 2/18
GB = 2/18

38. May a walad-ul-zina inherit from his natural father?

Explain briefly your answer.

Under the law, a walad-ul-zina shall inherit only from her

mother and maternal relative. Thus the law substantially provides that,

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

her relatives. However, those if the father acknowledged the walad-ul-

zina, he shall become a legal heir of his natural father.

49
39. What are three (3) kinds of will (wasiya) under Presidential
Decree No. 1083? Explain briefly.

Kinds of will (wasiya) are as follows: 29

i) Oral or nuncupative will, one orally made by the

testator in a manner that shows clearly the intention

of the testator to execute it in the presence of at least

two competent adult Muslim male witnesses.

ii) Written will personally written by the testator

himself, or by another under his personal,

supervision and control, done in a manner that shows

clearly the intention of the testator to execute it, in

the presence of at least two competent, credible and

disinterested adult male witnesses.

iii) Holographic will, the term holographic will is

described in the following provision of the civil

code, a suppletory law to the Muslim code, as

follows: “a person may execute a holographic will

29
Arabani 2011 ed., p.640
50
 which must be entirely written, dated and signed by

the hand of the testator himself. It is subject to no

other form, and be made in or out of the Philippines

and need not be witnessed”. However unlike the

holographic will under the civil code, the

holographic will prepared by a Muslim is under the

present article of the Muslim code requires that it be

made in the presence of at least two competent,

credible and disinterested adult male witnesses.

40. Mohammad died intestate and was survived by his wife,

mother and two daughters, and an al-khunta child at the time of
his death. His net estate is worth P3,600.00.
1. How much is the share of the al-khunta child?
2. How much is the share of the wife and each of the two daughters.

W + M + 2D + Al-khunta

Step 1.
Assume that the al-khunta is a daughter;

W + M + 3D

1/8 + 1/6 + 2/3

3/24 + 4/24 + 16/24 = 23/24 doctrine of Radd

Step 2.

51
 W + M + 3D

1/8 + R

1/8 + 7/8 = 8/8

Step 3.
M + 3D

1/6 + 2/3

1/6 + 4/6 = 5/6

1/5 + 4/5 = 5/5

Step 4.

W + M + 3D

1/8(5/5)+ 1/5 (7/8) + 4/5(7/8)

[5/40 + 7/40 + 28/40] 3/3

15/120 + 21/120 + 28/120 +28/120 +28/120 = 120/120

Step 5.
Assume that the alkhunta is a son;

W + M + 2D S

1/8 + 1/6 + R

[3/24 + 4/24 + 17/24] 4/4

12/96 + 16/96 + 68/96 = 96/96

12/96 + 16/96 + 17/96 +17/96 +34/96 = 96/96

52
Therefore: The share of alkhunta is the lesser value, the daughter’s
share.

W= 15/120 (P 3,600.00) = P 450.00

M= 21/120 (P 3,600.00) = P 630.00

D1= 28/120 (P 3,600.00) = P 840.00

D2= 28/120 (P 3,600.00) = P 840.00

Al-khunta =28/120 (P 3,600.00) = P 840.00

41. a) A Muslim executed a will whereby he states that upon his

death, his cadaver be given to a Medical school for the study of
different organs to enhance the advancement of medical science.
Under Islamic law, is the will valid? Why?

Generally under Islamic law, a will must be made by the

testator from his property. Hence, any part of the body of a person is

not a property of him; it is a creation of Allah. Therefore, he cannot

make a will as such by giving his cadaver to a medical school for the

study of different organs to enhance the advancement of medical

science.

b) Explain briefly why endowment for Islamic purpose is

perpetual, irrevocable and inalienable.
53
 The reason behind why endowment for Islamic purpose is

perpetual, irrevocable and inalienable is that the ownership of the

endowed property was already transferred to everybody where in no

one can claim it as his own. Since, it is used by the public. The main

purpose of endowment for Islamic purpose is for the benefits of the

poor.

42. a) State the three (3) modes of acquiring ownership

under Islamic Law and define each other briefly.

The three modes of acquiring ownership under Islamic law

are:
1.) Possession (ihraj) - Possession means acquisition,

control or taking of a thing without a known

owner through hunting, fishing, treasure hunting

or occupation of an abandoned thing (res nullius).

2.) Transfer (naql) - Transfer means acquisition of a

thing, its fruits or interests or the principal thereof

through sale, barter or exchange, gift (hibah), and

waqf (endowment).

54
 3.) Succession (khalf) - Succession is a mode of

acquisition of a thing through inheritance (mirath)

or wills/bequest (wasiyah). Ownership by

succession is called Milkayyah bi khilafa

succession is either;

i. Optional or Iktyariyyah, in the form of a will or

bequest (wasiya); or

ii. Compulsory or Ajbariyyah, by means of the rules of

inheritance under Islamic law.

b) Give the distinction between wasiya (will) and waqf

(endowment) and their similarities, if any.

The distinction between wasiyah (will/bequest) and waqf

(charitable endowment) are:

i. A wasiyah is a voluntary disposition or transfer of a property

or his profits by a person known as MUSI (LEGATOR) in

favor of a legatee (MUSA LAHU) to extent of a one-third of

his estate and to take effect after the death of the

testator/legator (MUSI). The person to inforce and execute

the wasiya is called the Wasi (Executor).

55
 ii. A waqf is the transfer of the principal of valuable property to

the ownership of ALLAH. Generally for religious. Pious or

charitable purposes for the benefit or certain individuals or

groups of person. It takes effect either during the lifetime or

the dedicator (waqif) of after his death.

iii. If the waqf is created with the condition that it shall take

effect after the death of waqif, it is called waqf-bil-wasiya

(testamentary waqf) and partakes the nature of a testamentary

disposition or wasiya and is subject to the same conditions of

the disposable one third limitation and ratification by the heirs

it in excess thereof.30

iv. A wasiya and waqf-bil-wasiya are similar, except that in

wasiya the purpose is for any secular or legal purposes while

in waqf, charitable purposes is always presumed.

v. Both require an executor or administrator, known as Wasi in

Wasiya and Mutawalli (manager) in waqf.

30
Art.106, PD 1083
56
 vi. Both are also revocable during the lifetime of the testator

(MUSI) or dedicator (waqil). Subject to the disposable one-

third limit of the estate or ratification by the co-heirs. The

heirs in both could be made beneficiary (legatee/musa lahu in

wasiya or mauquf alaih/alyhim in waqf).

vii. Both do not require particular formalities. But unlike wasiya,

only the income of the thing is expendable in favor of the

beneficiary in waqf .

viii. Acceptance of the will/bequest by the legatee is essential in

wasiya but not an essential condition or requisite in waqf.

ix. In waqf bil-wasiya, acceptance of the will/bequest devolves

upon the Mutawalli or beneficiary institution in behalf of the

intended beneficiaries

c) What is the difference between wasiya (will) and

hibah (gift/donation) and explain each briefly.

i. Wasiya takes effect after the death of the testator while

in hibah, it always take effect during the lifetime of the

donor (giver) and donee (recipient).

57
 ii. In hibah, there must be total renunciation by the donor

of all his title and rights to the property given with the

immediate effect and without consideration by one

person in favor of another.

iii. The donor (giver) in hibah can only revoke the gift

before delivery of possession while the testator in

wasiya can revoke the will anytime during his lifetime.

But once there is acceptance of the gift. It cannot

revoked by the donor.

43. Hadji Talib died without leaving an heir. However, he left

an estate valued at P500,000.00. He executed a will bequeathing his
entire property to a charitable institution for the building of school
for the poor Muslim children of Campo Muslim, Zamboanga City.
He has an unpaid debts in the amount of P10,000.00 and taxes in
the sum of P20,000.00. During the settlement of his estate, two (2)
persons appeared and presented their claims to the probate court.
One claims that he is an acknowledge son of the decedent while the
other claims as an acknowledge brother. If you were the judge,
how will you decide this case? Please justify your answer. Suppose
that in the same problem, Hadji Talib did not leave a will. How
could you settle the estate? Also explain and justify your answer.

In this case Hadji Talib who died without leaving an heir and an

estate valued at P500,000.00 is only allowed to dispose by will not

58
more than one third of his estate after deduction of the unpaid debts of

P10,000.00 and taxes of P20,000.00, indicated as follows:

Gross Estate - P500,000.00

Less: Unpaid debts - 10,000.00

Taxes - 20,000.00

Total - 470,000.00

Less: Bequest - 156,666.67

NDE = P313,333.33

(net disposable estate)

The net disposable estate of the Deceased Hadji Talib after

deducting the debts, taxes and bequest is P313,333.33. The amount of

the bequest is arrived after deduction of the debts and taxes by dividing

the remaining value of the estate by three or in the equivalent of

P156,666,67.

In the absence of any surviving heirs like sharers and residuaries,

the remaining estate under Article 99 of the Muslim Code in further

subject to the following order of succession, to wit:

1) To the distant kindred (dhawil-ul-Arham) who are blood

relatives in the absence of sharers and residuaries, and

59
 2) In their default, to the acknowledge kinsman, universal legatee,

or public treasury (bait-ul-mal), in that order.

Since there are two (2) other heirs who appeared during the

settlement of the estate, the acknowledge son who falls under the

category of a residuary of the first order (asaba bi nafs) under Article

125(a) of the Muslim Code will exclude the acknowledged brother who

is excluded by a son or male descendant according to the rule of

exclusion (Article 123(a)) of the Muslim Code.

However, if in the same problem, Hadji Talib did not leave a will,

the acknowledged son as the lone surviving residuary heir of the first

order, to the exclusion of the acknowledge brother, will receive the

entire net disposable estate valued at P470,000.00.

44. What is the shortest period of pregnancy and the longest

period as reported by Imams Hanifa and Shafi’i? What is the
normal period of pregnancy as agreed by Muslim jurists for
purposes of fixing the share of a posthumous child (el hamel) in
inheritance? Would this problem in the light of the advances in the
science of medicine? Please explain briefly.

According to Imam Abu Hanifa, the shortest period of pregnancy

(dat-ul-hamel) is six (6) months and the longest is two (2) years. Imam

60
Shafii reported that the longest period of pregnancy is nine (9) months.

This is agreed among Muslim jurists.

The better view, however, in determining the normal period of

pregnancy before the child is born, is to consider varying climatic

conditions and geographic locations. This will no longer be a problem

today in view of the advances in the science of medicine. Through the

use of “ultra sound” and electronic gadgets, physicians are able to

determine and calculate the length of pregnancy and even the sex of the

child in the womb of the mother.

45. Moner is a disavowed child (walad-ul-lia’an). But before his

father died, the latter retracted his vow and recognized him as his
son. His father is survived by a wife, (mother of Moner), father and
full brother. The father left as estate worth P60,000.00. In the
instant problem, can Moner inherit from his father? How about his
mother? Distribute the estate of the decedent. Explain and justify
your answer.

Yes, Moner can inherit from his father because his father retracted

the vow and recognized him. The mother of Moner cannot inherit

because their marriage was dissolved through Lian, means their mutual

inheritance to each other was put into end.

61
 Son + F + GB

R + 1/6 + 0 (excluded in the presence of the

son or the Father)

5/6 + 1/6 = 6/6

Son = 5/6 (P60,000.00) = P50,000.00

F = 1/6 (P60,000.00) = P10,000.00

---------------

P60,000.00

46. Abdullah is soldier in the Saudi Army. He is one of those

sent to the battle field during the Gulf war. The war lasted for
year. After the war nothing has been heard of him. There is no
information whether he died in the battlefield or that he was taken
as prisoner of war. Five years had elapsed and there was still no
information about the whereabouts of Abdullah. He left a property
worth SR240,000.00 Saudi Riyals. He is survived by his father,
wife, two (2) daughters, two (2) full brothers and five (5) full
sisters. A petition was filed by one of the heirs before the Shari’ah
Court to declare Abdullah dead for the purpose of settling his
estate.

a) If you were the Judge, what will be your decision? What

is the status of Abdullah?

The Code substantially provides the succession by

absentee shall be reserved until the lapse of ten years after

62
 which he shall be presumed dead by decree of the Court. 31

Furthermore, it provides that the extinction of personality in

after an absence of seven years, it being unknown whether

or not the absentee still lives, he shall be presumed dead. 32

Thus, these positions are intended for ordinary presumption

of circumstances.

In the case at bar, five years elapsed after he was

sent to battle field which indicated in an extra ordinary

presumption of circumstances, hence, Muslim jurists

considered four years lapsed in a danger circumstances as an

extra ordinary of presumption. Therefore, Abdullah shall be

decreed and presumed dead.

b) Estate = SR240,000.00

F + W + 2D + 2GB + 5GS

1/6+R + 1/8 + 2/3 + excluded by the F

4/24+1/24 +3/24 + 16/24 = 24/24

31
Art. 98, P.D. 1083
32
Art. 11, P.D. 1083
63
F =5/24 (SR240,000.00)= SR 50,000.00

W =3/24 (SR240,000.00)= 30,000.00

2D =16/24 (SR240,000.00)= 160,000.00 @80,000.00 each D

------------------

SR240,000.00

47. Jamal is married to Salima. While Jamal was in a state of

death-illness (Marad-ul-Maut), he divorced his wife Salima. Jamal
later died of his illness while Salima was still observing her idda.
He left an estate worth P259,000.00 and debts in the amount of
P19,000.00. Settle the estate of Jamal. Suppose that Jamal died
after the expiration of the idda of wife Salima. Will she still be
entitled to inherit? Explain and justify your answer.

The Code substantially provides that the husband who,

while in a condition of death-illness, divorces his wife shall not

inherit from her, but she shall have the right to succeed him even

after the expiration of her 'idda. 33 Therefore, Salima is entitled to

inherit from Jamal even after the expiration of her idda.

Estate = P259,000.00 – 19,000.00 = P240,000.00

Wife Salima = 1/4 (P240,000.00)= P 60,000.00

P180,000.00 doctrine of Radd

------------------

33
Art. 96, P.D. 1083
64
 P240,000.00

48. Karim died. He is survived by his mother, Habiba and two

(2) full sisters, Mariam and Sofia. He left a property worth
P120,000.00. Distribute his estate by applying the appropriate
doctrine in the law of inheritance. Justify your answer.

M + 2GS

1/6 + 2/3

1/6 + 4/6 = 5/6 doctrine of Radd

1/5 + 4/5 = 5/5

M = 1/5 (P120,000.00)=P 24,000.00

2GS = 4/5 (P120,000.00)=P 96,000.00@ 48,000.00 each sister.

-----------------

P120,000.00

49. What do you mean by the following doctrines:

a) Radd (doctrine of return)

This is the reversion of residue. — If, after

distributing the portions of the sharers, a residue is

left in the inheritance and there is no surviving

residuary heir, the same shall revert in its entirety to

65
 the lone sharer or to all the sharers in proportion to

their respective shares. However, the husband or the

wife shall not be entitled to any part of the reverted

portion as long as there are other sharers or distant

kindred.34

M + 2GS

1/6 + 2/3

1/6 + 4/6 = 5/6 doctrine of Radd

1/5 + 4/5 = 5/5

b) Aul (doctrine of increase)

This is the reduction of shares. — If the totality

of all the shares assigned to each of the sharers

exceeds the whole inheritance, the shares shall be

reduced proportionately.35

H + 2GS

1/2 + 2/3

3/6 + 4/6 = 7/6 doctrine of ‘Aul

34
Art 130, P.D. 1083
35
Art 129, P.D. 1083
66
 3/7 + 4/7 = 7/7

c) Tas’heh (doctrine of correction)

Correction is only applied when the share of an

heir or heirs co-existing with the other heirs is lesser or

different the lawfully fixed shares, by the Islamic law.

Such doctrine of correction is called by the jurists or the

Sunni lawyers as Tas’heh in Arabic which means

formula of correcting the situation.

50. Hassan has three wives. He died without leaving a will. He

left a property worth P400,000.00 and is survived by his three (3)
wives, two (2) sons, three (3) daughters, two (2) full sisters, a father,
a mother, a two (2) uterine brothers and (1) full brother. During
the settlement of his estate, Nora, a Christian appeared claiming as
the fourth wife of Hassan. Distribute the estate of Hassan. Is the
wife Nora entitled to inherit from the estate of Hassan? Please
explain and justify your answer. Suppose the wife Nora, during the
settlement of the estate of Hassan offered in evidence that she has
converted to Islam, would you allow her to inherit from Hassan?
Please explain and justify your answer.

3W+ 2S+ 3D+ 2GS+ F+ M+ 2UB+ 1GB+

Nora (Christian wife)

Step 1. Assume that Nora is a Muslim

4W + 2S + 3D + F + M

67
1/8 + R + 1/6 + 1/6

[3/24 + 13/24 + 4/24 + 4/24] 7/7

21/168 + 91/168 + 28/168 + 28/168

84/672 +(104/672 + 104/672+ 52/672+ 52/672+ 52/672) + 112/672 +

112/672 = 672

(21/672+ 21/672+ 21/672 +21/672) +(104/672 +104/672+ 52/672

+52/672 +52/672) +112/672 +112/672

Step 2. Assume that Nora is Christian

21/672 [1/3] = 7/672 for Nora; remainder 14/672 will be distributed

equally to 3 Muslim wives.
14/672 (3/3) = 42/2016 = 14/2016 + 14/2016 + 14/2016

Each Muslim wife = 21/672 [3/3] +14/2016 = 63/2016 + 14/2016

= 77/2016

Yes, Nora can inherit from Hassan even she is a Muslim or

Christian. However, If she is a Christian, she will inherit by bequest of

operation of law, she is entitled to 1//3 of her original share as if she is

a Muslim.

51. Harun is married to Zurayda. While Harun was in a state of

death-illness (marad al-maut), he divorced his wife Zorayda.
Harun later died of his illness while Zorayda was still observing
her idda. He left an estate worth P25,000.00 and debts in the
amount of P19,000.00.

a) Settle the estate of Harun.

68
 Due to the fact that the only heir is the wife, she will get the

property left by Harun. Thus, she will get P 6,000.00

Illustration:

Estate

P 25,000.00
-P 19,000.00
P 6,000.00

b) Suppose that Harun died after the expiration of the ‘Idda

of wife Zorayda. Will she be entitled to inheritance? Explain and
justify your answer.

Yes. Zorayda has still been entitled to inheritance even after the

expiration of the iddah. The law substantially provides that, The

husband who, while in a condition of death-illness, divorces his wife

shall not inherit from her, but she shall have the right to succeed even

after the expiration of the iddah.

52. a) Give your comments with respect to the order of

preference of claims under Article 135 of the Muslim Code in
relation to Islamic law.

With regard to the order of preference of claims under Article

135 of the Muslim code, there are seven claims to the estate but under

69
Islamic law there are only four claims attached to it. When we further

look and understand it, Article 135 and those enumerated claims under

Islamic law is the same because the unpaid tax, unpaid dower, expenses

for probate, administration and other judicial expenses are considered

to be part of the debts of the decedent.

53. a) Please give your comment on whether or not a non-

Muslim parent or spouse could inherit under the Muslim Code and
by what mode of succession.

Generally, under Islamic law, difference of religion is a bar

from inheritance. However, pursuant to the provision of the Code of

Muslim Personal laws, by bequest by operation of law, a non-Muslim

parent or spouse, may inherit from his Muslim relatives. The law

substantially provides that, should the testator dies without having

made a bequest in favor or any child of his son who predeceased him,

or who simultaneously dies with him, such child shall be entitled to

one-third (1/3) of the share that would have pertained to the father if he

were alive. The parent or spouse, who is otherwise disqualified to

70
inherit in view of Article 93(c) shall entitle to one-third (1/3) of what he

or she would have received without such disqualification.36

54. a) Are there formal requisites for the validity of a will by a

Muslim under Islamic law? Explain briefly.

The Muslim law does not prescribe any particular form for the

making of wills. And no, specific wording is essential for making a

will. Any statement conveying the intention of gratuitous transfer (of

property or its benefits) after the death of the testator is valid. It be

made in writing or orally.37

55. Hassana died intestate. She is survived by her husband, full

brother, one uterine sister and a consanguine brother. She left an
estate valued at P150, 000.00 and an obligation of about P10,
000.00. Settle the estate of the decedent. Explain and justify your
answer.

Estate: P 150,000 – P 10,000.00 = P 140,000.00

H + GB US CB

1/2 + R + 1/6 + excluded by GB

3/6 + 2/6 + 1/6 = 6/6

Therefore:
36
Art. 107, P.D.1083
37
Arabani, 2011 ed., p.632
71
 H = 3/6 ( P140,000.00) = P 70,000.00

GB = 2/6 ( P140,000.00) = P 46,666.67

US = 1/6 ( P140,000.00) = P 23,333.33

P 140,000.00

56. Rashid died intestate. At the time of his death, his wife was
in the family way. She was pregnant for about six (6) months. He
survived by his wife and posthumous child, father, mother,
grandmother, full brother, and full sister. He left an estate worth of
P240, 000.00. Distribute the estate of the decedent in the following
manner. First let us assume that the posthumous child is a son.
Secondly, assume that the child in the womb is a daughter. In both
cases assume that the child in the womb is born alive. Thirdly,
suppose the sex of posthumous child could not be ascertained, how
would you settle the estate? Explain and justify your answer.

WC + F + M + FB + FS

Step 1. Assume the conceived is son,

W + S + F + FB + FS

1/8 R 1/6 excluded

3/24 17/24 4/24 = 24/24

Step 2. Assume the conceived is daughter,

W + D + F + FB + FS

1/8 + 1/2 + (1/6+R) + excluded by the Father

3/24 + 12/24 + (4/24+5/24) = 24/24

72
 3/24 + 12/24 + 9/24 = 24/24

Thus, if the sex of the posthumous child cannot be determined,

whatever is greater share shall be reserved, from the solution as son or

daughter.

57. Abdullah is a salesman. He married Amina. After six

months, Amina was pregnant. Abdullah suspected Amina to be
unfaithful to him. He charged Amina of having a love affair with
her former boyfriend. Being always away on business he could not
admit that he is the father of the child in Amina’s womb. Amina
denied the charges of Abdullah. This resulted to their divorce by
li’an. After nine months Amina gave birth to a child and was
named Hamza. Meantime, Abdullah contacted serious illness
which caused his death. But before he died, he retracted his vow
and recognized Hamza as his son. Abdullah is survived by his son
Hamza, his wife, Amina, his father Omar and his full brother
Amir. Abdullah left an estate valued at P80, 000.00 and debts in the
sum of P20, 000.00.

In this problem can Hamza inherit from his father Abdullah? How
about his mother? Distribute the estate of Abdullah. Explain and
justify your answer.

Yes. Hamza can inherit from his father because he retracted his

charge of adultery to his wife Aminah. However, Aminah, mother of

Hamza, cannot inherit to Abdullah since their mutual rights of

inheritance has already extinguish. Therefore the only left legal heir of
73
Abdullah are his son, Hamza and his father, Omar because his full

brother will be excluded. Thus:

S + F

R + 1/6

5/6 + 1/6 = 6/6

S = 5/6 (P 60,000.00)= P 50,000.00

F= 1/6 (P 10,000.00) = P 10,000.00

58. a) What are the causes of inheritance under Islamic Law?

Discuss each briefly.

There are three causes of inheritance:

a) Blood relationship; those if a person died, his relatives by

blood like of his father, mother and other relatives by blood.

b) Marriage: those relative by affinity. In the sense that, upon

contracting a marriage, the mutual rights of inheritance arises.

c) The relation that exists between the slaves as his master who

freed him; should the slave be freed to his master, he has the right of

inheritance. However, it was already abolished as of this generation.38

38
Moctar, Haron factsheets, p.34
74
59. Yusoph died leaving a gross estate worth P335,000.00. At
the time of his death, he was survived by the following relatives: a
wife, mother, mother’s mother, father, father’s father, daughter,
son’s daughter, full sister, consanguine sister, uterine brother and
an adopted son. During his lifetime, he borrowed P20,000.00 in
favor of a friend. His unpaid taxes amounted to P10,000.00 and
P15,000.00 was spent for his funeral expenses.

a) Who among the relatives are entitled to inherit and those

who could not? Give the basis.
Those who are entitled to inheritance is the wife, the father,

Mother, Daughter and Son’s daughter. Those previously mentioned are

the heirs who cannot be excluded by anybody. And those who cannot

inherit are the father’s father, due to the presence of the father,

mother’s mother, also because of the presence of the mother Uterine

sister, Uterine brother and adopted son.

b) Compute and give the exact shares of those who could

inherit.

Estate:

P 335,000.00
Less: - P 15,000.00
- P 10,000.00
- P 20,000.00
P 300,000.00

W + F + M + D + SD
75
1/8 + 1/6+R + 1/6 + 1/2 + 1/6

3/24 + 4/24 + 4/24 + 12/24 + 4/24

= 27/24 doctrine of ‘Aul

3/27 + 4/27 + 4/27 + 12/27 + 4/27

= 27/27

Therefore:

W = 3/27 (P 300,000.00) = P 33,333.33

F = 4/27 (P 300,000.00) = P 44,444.44

M = 4/27 (P 300,000.00) = P 44,444.44

D = 12/27 (P 300,000.00) = P 133,333.33

SD = 4/27 (P 300,000.00) = P 44,444.44

60. a) When is the right to inheritance deemed transmitted to

the heir or heirs of the decedent? Explain briefly.

The right to inheritance deemed transmitted to the heir or heirs

of the decedent from the moment of the death of the decedent. The

right to succession of any heir who predeceases the decedent shall not

be transmitted by right of representation to his own heirs.39

39
Art. 90, P.D.1083
76
61. Abdilla, a Muslim died intestate in 1970. What law shall
govern the distribution of his estate, Islamic law or the Civil Code
of the Philippines? Explain briefly.

Since Abdillah is a Muslim, his property shall be governed by

Islamic law. The law substantially provides that, the provision of this

code shall be applicable only to Muslim.

62. Musa died intestate leaving an estate worth P240,000.00. At

the time of his death, he was survived by four (4) wives, two (2)
sons and two (2) daughters.

a) Compute and give the exact share of each.

4W + 2S + 2D

(1/8 + 7/8 = 8/8 ) 6/6

(6/48 + 28/48 + 14/48 = 48/48 ) 4/4

24/192 + 112/192 + 56/192 = 192/192

Therefore, the exact share of each:

4W = 24/192 (P240,000.00)= P 30,000.00 @

P 7,500.00 /each wife

2S = 112/192(P240,000.00) = P140,000.00 @
P 70,000.00 /each Son

77
2D = 56/192(P240,000.00) = P 70,000.00 @
P 35,000.00 /each Daughter
----------------
P240,000.00

b) Suppose in the problem above, Musa was survived by

three (3) wives, two (2) sons and two (2) daughters, would your
answer be the same? Explain briefly.

No. The share of the each wife will be increased from

P7,500.00 to P10,000.00. The share of the sons and daughters are the

same with the above.

63. a) In what instance or instances, if any, may a testator give

by will all of his property? Explain briefly.

The testator may give all his property by will when there is no

surviving heirs. In the sense that, No one can claim his estate. Thus, if

he has left a child, he is still bound to follow the rules that it must not

be more than one-third of his property must be bequest by will.

b) May a testator bequeaths or devises a property which

does not belong to him? Explain briefly.

The testator cannot bequeath or devises a property which does

not belong to him. In fact, one of the essential elements of inheritance

78
either by the operation of the law or by will is that, the testator must

have a property of his own.

64. Haris, a member of the Philippine National Police (PNP),

was insured by the Government Service Insurance System (GSIS).
In the insurance policy, he designated his brother and sister as
beneficiaries omitting his wife and two (2) children. At the time of
his death, he left a house, three (3) parcels of land and the
insurance proceeds and was survived by all the persons mentioned
herein.

a) Who among the persons mentioned above are entitled to

receive the insurance proceeds? Give reasons for your answer.

All the mentioned such as his wife, brother, sister and two

children are entitled to receive the insurance proceeds. Though his

brother and sister as written in his beneficiaries, it does not mean that

they are only the person entitled the insurance. It just that, they are the

one who are authorize to claim it and they are bound to include it to

the left property of the deceased as mirath.

b) Who among the person mentioned above are entitled to

inherit the house and the three (3) parcels of land? Give reasons for
your answer.

All the mentioned such as his wife, brother, sister and two

children are entitled to the house and the three parcels of land in a way
79
that the amount of all estate of the deceased shall be added and shall be

divided to them according the corresponding shares mentioned in the

code of Muslim Personal Laws.

65. a) Enumerate the Qur’anic heirs (Ashab-ul-furud) and give

their respective shares in accordance with the Holy Qur’an.

The Qur’anic heirs (Ashab-ul-furud) are as follows:

i. The husband, if he survive with a child or children of the

deceased, he is entitle to forth otherwise, a half;

ii. The father is entitled to one sixth

iii. The grandfather also entitled to one sixth should he

survive without the father.

iv. The wife, when the deceased leave no child, there share

is fourth, but if he leave a child, she shall get an eight.

v. The daughter. If two or more, there share is two-thirds

of inheritance; if only one, her share is a half.

vi. The son’s daughter. Should she survived without a

daughter, If two or more, there share is two-thirds of

inheritance; if only one, her share is a half.

80
 vii. The mother. If the parent is the only heirs, she has a

third, if the deceased left brothers and sisters, the mother

has a sixth.

viii. The grandmother is entitled to one sixth should she

survived without the mother of the deceased.

ix. The germane sister. . Should she survived without a

daughter and son’s daughter, If two or more, there share

is two-thirds of inheritance; if only one, her share is a

half.

x. The consanguine sister. Should she survived without a

daughter and son’s daughter, If two or more, there share

is two-thirds of inheritance; if only one, her share is a

half.

xi. The uterine sister. If only one she shall get sixth, if more

than two there share is third.

xii. The uterine brother. If only one she shall get sixth, if

more than two there share is third.

b) Who are the Qur’anic heirs who can be excluded but

cannot exclude others? Give your reasons.

81
 The Qur’anic heirs who can be excluded but cannot exclude

others are as follows:

i. The grandmother; they can be excluded by the presence

of the mother in the sense that, nearest in degree exclude

the more remote.

ii. The germane and consanguine sister, they can be

excluded by the presence of the father and son because

Male ascendants and descendants exclude the collateral.

iii. The uterine sister and brother, the same that they can be

excluded by the presence of the father and son because

Male ascendants and descendants exclude the collateral.

66. Abu married in accordance with Muslim rites and practices.

Later on, he married Susan, a Christian who was never converted
to Islam. Abu died. At the time of his death, he left some property
and was survived by his two (2) wives, and a son and daughters.
a) May Susan, the Christian wife, inherit? Why?

Yes. Susan can inherit to Abu by operation of the law which

substantially provides that, should the testator dies without having

made a bequest in favor or any child of his son who predeceased him,

82
or who simultaneously dies with him, such child shall be entitled to

one-third (1/3) of the share that would have pertained to the father if he

were alive. The parent or spouse, who is otherwise disqualified to

inherit in view of Article 93(c) shall entitle to one-third (1/3) of what he

or she would have received without such disqualification (art. 107,

P.D.1083).

b) Give the shares of those who can inherit. Give reasons.

2Wife + Son + 2Daughters

1/8 + R

[1/8 + 7/8] 3/3

[3/24 + 21/24] 2/2

6/48 + 42/48 = 48/48

(3/48 + 3/48) + (28/48 + 14/48+14/48) = 48/48

Therefore:

Each wife will get 3/48 , the son will 28/48 and the daughters

will get 14/48.

67. Abdul and Amina got married. Two months after the
marriage, Abdul died leaving Amina in the family way. Thereafter,

83
Amina gave birth to triplets but only two (2) were alive at the time
they were completely separated from the mother’s womb because
one already died while still inside the mother’s womb. Assume that
there is an estate.

a) May the child who died before its complete separation

from the mother’s womb inherit? Explain briefly.

No. Because one of the conditions that a conceived child may

inherit is that he is born alive. The law substantially provides that, a

child conceived during the death of the decedent shall considered an

heir provided it be born later in accordance with Article 10; its

corresponding share shall be reserved before the estate is distributed. In

connection with Article 10, the law so provides, Birth determines

personality but the conceived child shall be considered born alive,

however, briefly at the time it is completely delivers from the mother’s

womb.

b) May the two (2) children who were born alive inherit
despite the fact that their father was already dead before they were
born? Explain briefly your answer.

Yes. The two (2) children who were born alive may inherit

despite the fact that their father was already dead before they were

84
born. The reason behind is that they comply the condition given the

P.D.1083 that they must be born alive.

68. b) In 2000, Abdullah borrowed from Hussien P50,000.00

evidenced by a promisory note. In 2001, Abdullah died without
paying the debt. Abdullah left no property. He is survived by his
son, Yusoph, who has established a jewelry business in Greenhills.
San Juan. Subsequently, Hussien brought an action for collection
against Yusoph claiming that since Yusoph is the only heir of
Abdullah, he has inherited from the latter not only the latter’s
property but also all of his rights and obligations. Will the action
prosper? Explain?

No. since the obligation of Abdullah to pay the debts is already

extinguished upon his death, but subject for the left property of the

deceased. Thus, the debt of a deceased person will be deducted from

his property if he left as such, otherwise, nothing shall be claim by the

debtor to the relatives of the deceased.

69. a) Distinguish inheritance from succession?

The term inheritance is generally understood as succession.

However, the P.D.1083 defined inheritance includes all properties of

any kind movable or immovable whether ancestral or acquired, either

by onerous or gratuitous title as well as , all transmissible rights and

obligations at the time of his death and those that accrue thereto before

85
partition while succession as a mode of acquisition by virtue of which

the estate of a person is transmitted to his in accordance with this

Code40.

b) Mubarak made a will (wasiya) in the presence of two

competent, credible and disinterested witnesses. In Mubarak’s will,
Haron, his only son, will inherit a 1,000 square-meter parcel of
land situated in Marawi City. Haron was informed about the
devise in the will. In dire need of money, Haron sold his expected
share in his father’s estate to Baset. Subsequently, Mubarak died.
Baset claimed ownership over the 1,000 square-meter parcel of
land. The administrator of the estate of Mubarak disputed such
Baset’s claim on the ground that the deed of sale executed between
Haron and Baset is not valid. Decide.

Under the law, a will must take effect at the moment of death of

the testator, to note that the testator has still right to revoke expressly or

impliedly his will during his lifetime. In the above mentioned case, the

administrator is in the true and correct. Because, the transactions of

Harun and Baset is invalid due to “no bequest to the heirs”.

70. a) Mustapha died leaving behind five sons, daughter, and

his widow as his heirs. During his lifetime, Mustapha incurred
debts so heavily that may require sale of all his property. Three (3)
of his sons came to his rescue and proposed to pay the debts in
order to preserve the property. However, they paid the debts only
with the end in view of excluding the other two sons from the

40
Art. 89, P.D. 1083
86
inheritance. The two (2) sons executed waiver of their rights over
the inheritance in consideration of some cash and movable
property. During their father’s lifetime, the two (2) sons never
questioned the validity of the waiver. Nonetheless, they asserted
ownership over their shares upon the death of their father.

a) Do these two sons have right over the estate of their

father? Explain.

No. The two (2) sons have no right over the

property left by their father because they executed a

waiver in exchange of some amounts and movable

property. Nevertheless, during the lifetime of their

father, no one of those sons can questioned him

regarding their father’s disposing of his property in any

ways.

71. What are the bases of the Muslim Law of Inheritance?

The following are the sources of inheritance under Islamic Law:

a) The Holy Qur’an

b) Hadith

c) Ijma al-Ummah

d) Custom or usages

87
72. Alykhan is the son of Ibrahim. Alykhan who predeceased
his father left a son Omar. Subsequently, Ibrahim died.

a) Does Omar have a right to inherit from his grandfather

by right of representation? If so, how much share can be inherited?
Explain.

Yes. Omar have a right to inherit from his father by bequest of

operation of law which provides that, should the testator dies without

having made a bequest in favor of any child of his son who

predeceased him, or who simultaneously dies with him, such child shall

be entitled to one-third (1/3) of the share that would have pertained to

the father if he were alive.

b) Would your answer be the same if the one who

predeceased Ibrahim is his daughter? Explain.

No. When one who predeceased Ibrahim is his daughter, she

cannot inherit to his grandfather because the law did not give such

opportunity to her as such of the son.

73. a) Abu Ali died leaving a gross estate in the amount of P1,
500,000.00. His debts and funeral expenses amounted to P400,
000.00 and P200, 000.00, respectively. In his will, Abu Ali
bequeathed P500,000.00 in favor of his friend, Rasul.

1) Is the bequest in Abu Ali’s will valid? Explain.

88
 No. because the will left by Abuali is more than 1/3 of his

estate. Thus, the said will can only be valid unless the other surviving

heirs ratified it.

2) Would your answer be the same if the amount of the

bequest is P300,000.00? Explain.

No. because, if the bequest is worth P300,000.00, it does not

exceed to the one-third rule of legacy by the testator.

74. a) Explain succession by illegitimate child under P.D.1083?

Under the law which substantially provides that, a child who

was the cause of the mother’s having been divorced by lian shall have

mutual rights of succession only with the mother and her relatives.

75. X died intestate survived by his wife, and two sons. The
estate is P2,400,000.00. How shall the distribution be made?
Explain.

W + 2S

1/8 + R

[1/8 + 7/8] 2/2

2/16 + 14/16 = 16/16

89
 2/16 + (7/16+ 7/16) = 16/16

W=2/16 (P2,400,000.00) = P 300,000.00

S1= 7/16 (P2,400,000.00) = P 1,050,000.00

S2= 7/16 (P2,400,000.00) = P 1,050,000.00

76. a) What are the characteristics of a will (wasiya)?

The characteristics of a will (wasiya) are as follows:

i. There must be a legator/testator who must be of major

age and disposing mind.

ii. There must also a legatee whose favor a thing is

bequeathed

iii. that the legacy must not be more than one-third of the

estate if there are heirs, or the whole of it there is none;

iv. It must have an executor named in the will to carry out

the will

v. The will must be witness by at least two competent and

disinterested witnesses.

90
 b) A husband survived by his two (2) wives, one son and one
daughter. The estate amounted to P8,000,000.00. Compute the
share of the heirs.

2W + S + D

1/8 + R

[1/8 + 7/8] 3/3

[3/24 + 21/24] 2/2

6/48 + 42/48 = 48/48

(3/48 + 3/48) + (28/48 +14/48) = 48/48

Therefore:

2W = 6/48 (P 8,000,000.00) = P 1,000,000.00

S = 28/48 (P 8,000,000.00) = P 4,666,666.67

D = 14/48 ( P 8,000,000.00) = P 2,333,333.33

77. A husband dies without a child. His only heirs are his wife
and a full sister. The estate is P5, 000,000.00. How shall the
distribution be made? Explain.

W + GS

1/4 + 1/2

1/4 + 2/4 = 3/4 doctrine of Radd

1/4 + 3/4 = 4/4

91
 W = 1/4 (P 5,000,000.00) = P 1,250,000.00

GS = 3/4 (P 5,000,000.00) = P 3,750,000.00

78. a) X died, survived by a grandmother and two uterine

sisters only. The next value of his estate is P6, 000,000.00. Divide
the estate of X. Explain.

Since the only heirs is X’s grandmother and two uterine sister,

they will divide the estate according to their corresponding share

because they are all entitle to the residue, by means of doctrine of

Radd.

MM + 2US

1/6 + 1/3

1/6 + 2/6 = 3/6 doctrine of Radd

1/3 + 2/6 = 3/3

MM = 1/3 ( P 6,000,000.00 ) = P 2,000,000.00

2US = 2/3 ( P 6,000,000.00 ) = P 4,000,000.00

b) What are the formalities which are required for the

execution of a written will (wasiya)?

92
 The Muslim law does not prescribe any particular form for the

making of wills. And no, specific wording is essential for making a

will. Any statement conveying the intention of gratuitous transfer (of

property or its benefits) after the death of the testator is valid. It be

made in writing or orally.41

79. a) What is meant by the probate of will? Explain.

Probate of will is the process of verifying the legality of a will.

Under Islamic law, a will must be proved in presence of the two male

competent and disinterested witnesses.

80. What are the three (3) important questions which a probate
court can determine? Explain.

Among the three questions which a probate court can determine

are as follows:

i. Is the testator is not forced in making the will?

ii. Is the will made attested by competent and disinterested

witnesses?

41
Arabani, 2011 ed., p.632
93
 iii. Does the will made is not falsified or altered?

81. a.) Can a minor represented by a guardian make a valid

will? Please explain.

No. a minor represented by a guardian cannot make a valid

will. Thus, the minor do not comply with the requirements of making a

will. The law says, no representation in any form.

82. a.) Discuss the requisites under which a posthumous child is

entitled to a share in the inheritance. Cite the basis under P.D.
1083.

The law substantially provides that a child conceived during the

death of the decedent shall considered an heir provided it be born alive.

Its corresponding share shall be reserved before the estate is distributed.

It also provides that birth determines personality but the conceived

child shall be considered born alive, however, briefly at the time it is

completely delivers from the mother’s womb.

83. State the rule on fixing the share of a hermaphrodite (al-

khunta al-musakal) in inheritance.

94
 The share in inheritance is based on the sex or gender of a

hermaphrodite whether male, or female or an undetermined. If it is a

male, he will inherit as a male; if female she will inherit as a female; if

undetermined, it will inherit the lesser share considering as a male or

female.

84. Abdu Samad died without leaving an heir. But he left a will
bequeathing his entire property to a charitable institution for the
purpose of building a school for the poor children in his town. His
property is worth Php 900,000.00 with unpaid taxes of Php
40,000.00 and funeral expenses amounting to Php 75,000.00. during
the settlement of his estate, two persons, A and B, appeared before
the probate court claiming their interest in the property of Abdu
Samad. A claimed that he is an acknowledged son of Abdu Samad,
while B claimed that he is the acknowledge brother. If you were the
Judge, will you allow the claims? How will you decide the case?
Please justify your decision.

Yes. Provided that they have a sufficient evidence to comply

with the requirements, that the acknowledgement is manifested by the

Abdu Samad’s acceptance in public that he is the father and brother

whom they did not question it and their relation did not appear

impossible by reason of disparity in age. In the case at bar, the

acknowledged son will exclude the acknowledged brother, thus the

only acknowledged son will inherit the property after deducting the
95
unpaid taxes, funeral expenses and a one-third disposable from the

property for the will.

Acknowledged son will get:

900,000.00 – 40,000.00 – 75,000.00 = 785,000 – 785,000 (1/3)

= P523,333.34

85. Abdul Karim divorced his wife Salima while he was in a

state of death illness (marad ul-maut), Abdul Karim later died
while Salima was observing idda. He left an estate in the amount of
Php. 300,000.00, and is survived by son Hamad and daughter
Shalma.
a.) settle Abdul Karim’s estate.

W + S + D

1/8 + R

[1/8 + 7/8] 3/3

3/24 + 21/24 = 24/24

3/24 + 14/24 + 7/24 = 24/24

W = 3/24 (P 300,000.00) = P 37,500.00

S = 14/24 (P 300,000.00) = P 175,000.00

D = 7/24 (P 300,000.00) = P 87,500.00

96
 b.) supposed Abdulkarim died after the expiration of
Salima’s idda, will Salima be entitled to an inheritance? Please
explain and support your answer.

Yes. Salima can inherit even after the expiration of the iddah.

The law substantially provides that, the husband who, while in a

condition of death-illness, divorces his wife shall not inherit from her,

but she shall have the right to succeed him even after the expiration of

iddah42.

86. Jamel died intestate. He is survived by his son Malik,

daughter Hasniyah, mother and father, with a net estate of Php
600,000.00. before Jamel died his son Malik denounced Islam to
marry Carla, a devout Christian, settle Jamel’s estate. Can Malik
inherit from his father on the ground that he remained a Muslim
by heart, and that his conversion to another faith was only for
convenience so that he can marry Carla?

S + D + M + F

Step 1:
R + 1/6 + 1/6

12/18 + 3/18 + 3/18

(8/18 + 4/18 + 3/18 + 3/18) 3/3

8/54 as 1/3 + 46/54

42
Art. 96, P.D.1083
97
Step 2:

4/18 + 3/18 + 3/18 = 10/18

4/10 + 3/10 + 3/10

(4/10 + 3/10 + 3/10) 46/54

8/54 (10/10)+ 184/540+ 138/540 + 138/540 = 540/540

Therefore the share of:

S (Malik) = 80/540 x P600,000.00 = 88,889

D = 184/540 x P600,000.00 = 204,445

M = 138/540 x P600,000.00 = 153,333

F = 138/540 x P600,000.00 = 153,333

Under the Islamic law, Malik cannot inherit from his father

Jamel due to his denouncing Islam for whatever the reason in comfort

or in heart by intention or not. Difference of religion is a bar from

inheritance. However, he will be given one third what he would receive

without such disqualification for equity and humanitarian reason.

Muslim Code provides in Article 3 paragraph 3 that nothing herein

shall be construed to operate to the prejudice a non-Muslim.

98
87. Junaid died living a father, a mother, wife, his mother’s
sister and a paternal uncle. Junaid asset is valued at Php
240,000.00.

a) Who are entitled to the inheritance and who are not?

Please justify your answer.

Those entitled to inheritance are the father, mother and wife in

the sense that they are all sharers in which their share has been fixed by

the Holy Qur’an and those who are not entitled to inherit are the

mother’s sister and paternal uncle, due to the mother’s sister cannot

inherit because she is a distant kindred and that, she can only inherit in

the absence of the sharers and residuary heirs, and the paternal uncle is

excluded in the presence of the father.

b) What is the share of each heir?

F + M + W + MS + PU

R + 1/3(Ri) + 1/4 excluded by the Father

3 + 1/3(3/4)+ 1/4

2/4 + 1/4 + 1/4

99
Therefore:

Father = 2/4 (P240,000.00) = P 120,000.00

Mother= 1/4 (P240,000.00) = P 60,000.00

Wife = 1/4 (P 240,000.00) = P 60,000.00

88. Nasser went abroad and illegaly crossed into Iraq thinking
he will earn more working in the American military base in
Baghdad. Unfortunately, Nasser was declared missing at the height
of the war in Iraq. There was no information whether he died or
was taken captive. Five years passed and still his wife is received no
information about his whereabouts. The American government
provided compensation in dollars equivalent to Php 300,00.00. A
petition was filed by his wife before the Shari’ah court to declare
Nasser dead for the purpose of settling his estate. His heirs include
the following; his wife, two(2) daughters, two (2) full brothers,
two(2) full sisters and a sickly father.

a) If you are the judge, would you grant the petition?

I will grant his motion on the fact that it was already declared

dead. Although, the P.D. 1083 provides that he must wait until the

lapse of 10 years. It must be noted that in case the person died in a

danger circumstances, the court may presume that he already died after

the lapse of four years.

b) partition the estate.

100
W + 2D + F + 2GB (excluded by the F)

1/8 + 2/3 + (1/6 + R)

3/24 + 16/24 + (4/24+1/24) = 24/24

3/24 + 16/24 + 5/24 = 24/24

3/24 + (8/24+8/24) + 5/24 = 24/24

Therefore:

W = 3/24 ( P 300,000.00) = P 37,500.00

D1 = 8/24 ( P 300,000.00) = P 100,000.00

D2 = 8/24 ( P 300,000.00) = P 100,000.00

F = 5/24 ( P 300,000.00) = P 62,500.00

89. a.) What is the effect if there’s a doubt as to which of two or

more persons, who are called to succeed each other, died first?

The effect is they shall be presumed died at the same time. The

law substantially provides that if as between two or more person who

are called to succeed each other and there is a doubt as to each of them

died first. Whoever alleges the death of one prior to the other, shall

prove the same. In the absence such proof it is presumed that they died

at the same time and there shall be no transmission of right from one to
101
 the other. However, the successional rights of their respective heirs

shall not be affected.

b.) Jafar and Jasmin, husband and wife, boarded on super

Ferry bound for General Santos City. In its route within the
vicinity of Romblon, they met strong typhoon Ondoy that struck
the vessel and it sunk, spouses Jafar and Jasmin died as a result. At
the time of their death, they left a conjugal estate valued Php.
3,000,000.00 and were survived by the following relatives: (1) the
father and mother of Jafar, (2) mother and germane brother of
Jasmin.

a. who are entitled to inherit from Jafar? Compute and

give their share.

The net conjugal estate of Jafar and Jasmin = P 3,000,000.00

Those entitle to inherit from Jafar are his mother and father.

Thus, Jafar estate is P 1,500,000.00 from the half of net conjugal estate.

i. Mother =1/3 (P1,500,000.00) = P 500,000.00

ii. father = 2/3 (P1,500,000.00) = P 1,000,000.00

b. who are entitled to inherit from Jasmin? Compute and give

their share

Those entitle to inherit from jasmine are his mother and

Germane brother. Thus, Jasmine estate is P 1,500,000.00 from the half

of net conjugal estate.

102
 i. Mother =1/3 (P 1,500,000.00) = P 500,000.00

ii. Germane brother = 2/3 (P 1,500,000.00) = P 1,000,000.00

90.) Zayda divorced her husband Muhaliddin by tafwid while

she was in a state of death illness (marad ul-maut). Zayda later
died during her idda. She was survived by her husband
Muhaliddin, her son Zaidin and daughter Zulaika.

a.) did the divorce have any legal effect to the successional
rights of her husband, Muhailiddin? Explain.

The divorce did not have any legal effect to the successional

rights of her husband Muhaliddin because it did not alter their mutual

rights of inheritance during iddah period. The divorce by tafwid,

though has the same effect with talaq, it is submitted to refer to the

dissolution of the marriage bond. Paragraph 2 of Article 96, of the P.D.

1083 is explicit to be applied to divorce pronounced by the husband

while he is in the state of death-illness, and silent when pronounced by

the wife. Therefore, the general rule will apply, that spouses have

mutual rights of inheritance, while the wife is observing her idda.

b.) supposed that it was Muhaliddin who died while Zayda

was observing iddah, will she be entitled to inherit from her

103
husband’s estate valued at Php. 600,000.00. Please support your
answer.

Yes, Zayda can inherit from her husband Muhaliddin and her

divorce notwithstanding, because their mutual rights of inheritance

during iddah period remains enforceable, and an heir to each other.

91. a.) give three (3) causes that a bequest may be rendered
invalid.

The three causes that a bequest shall render invalid are:

i. if the testator become insane and his insanity subsists till

death;

ii. If the Legatee died ahead of the testator; and

iii. If the legacy is a specific thing and is destroyed before it

accepted by the legatee.

b.) give the conditions when a legatee may qualify to inherit

from the testator.

A legatee is entitled to inherit under any of the following conditions:

i. That a legatee is not an heir of the testator;

104
 ii. That a legatee must be alive at the time of making the

will and at the moment of the death of the testator; and

iii. That a legatee must not have killed the testator.

92. a.) explain briefly the extent of liability of the heir for the
debts of the decedent. Cite your basis.

Article 136 of P.D. 1083 states the extent of the liability of heir

for the debts of the decedent and that is, it shall not exceed his

hereditary estate.

b.) state the schools of law which the court takes into
consideration in the settlement and partition of the estate of a
decedent.

The court shall take into consideration of the school of law of

the decedent for the probate of his will or for the settlement of his

estate. If the decedent’s school of law or madhab is not known, the

Shafi’i schools of law shall be given preference together with the rules

of procedure in the Shari’ah courts.

93. a.) Rucma died leaving and estate valued at Php. 600,000.00. at
the time of her death, she was survived by her husband Zacaria,
105
mother Razmia, two uterine brother, Razid and Razul, and full
brother Rahman. Compute and distribute their respective shares.

Rucma net estate = P. 600,000.00

a) Husband Zacaria = 1/2 (P 600,000.00) = P 300,000.00

b) Mother Razmia = 1/6 (P 600,000.00) = P 100,000.00

c) Uterine brothers = 1/3 (P 600,000.00) = P 200,000.00

(Razid & Rasul)

d) Full brother (Rahman) =0

In this case the Full brother will share equally to the portions of

the Uterine Brothers. Therefore:

Uterine brother Razid =1/3(P 200,000.00) = P 66,666.66

Uterine brother Razul =1/3(P 200,000.00) = P 66,666.66

Full brother Rahman =1/3(P 200,000.00) = P 66,666.66

94. Mahmod died leaving his son Mohammad and daughter

Maimona, and his germane brother Musaraf. Before the
settlement and distribution of his estate valued at P600,000.00, his
son Mohammad died, leaving his sister Maimona and his paternal
uncle Musaraf.

a.) does double inheritance exist in this problem? Please

explain.

106
 Yes. There is a double inheritance upon the death of

Mohammad pending distribution and settlement of the estate of his

predeceased father, Mahmod. Consequently, the two estates are to be

merged or jointly probated for the settlement and/or distribution to the

heirs. In the problem Maimona has to inherit twice first, from the her

father, Mahmod and second from her brother, Mohammad.

b.) distribute the estate.

The estate of Mahmod should be divided to his heirs son

Mohammad and daughter Maimona, 2/3 and 1/3 respectively. Hence,

Mohammad’s share would be P 400,000.00 and Maimona’s share

would be P 200,000.00

The estate of Mohammad valued at P 400,000.00 should be

divided to his heirs, sister Maimona, as sharer,

1/2 of the estate = P 200,000.00 and

Paternal Uncle, Musaraf, as residuary = P 200,000.00

95. Mariano and Corazon are Christians, husband and wife.

They have three (3) children, one (1) minor son Mariano Junior,
and the others, their elder son Manuel and only daughter Cristina,
are of age of maturity, In 2010, spouses Mariano and Corazon have
changed their religion to Islam, and mutually re-registered their
107
marriage with the Shari’ah circuit registrar. Last April 22, 2011,
Mariano died without a will, but leaving an estate valued
P1,000,000.00

a.) which law to govern for the distribution and settlement

of the estate of Mariano? Cite your legal basis.

The code of Muslim personal laws of the Philippines should

govern the distribution and settlement of the estate of Mariano. This is

because when Mariano and his wife jointly converted to Islam shall

have the legal effect to their marriage as if the same had been

performed in accordance with the provisions of the P.D.1083 as clearly

stated in Article 178 of the said code.

b.) who among the heirs of Mariano are entitled to inherit,

and who may not with him? Cite the basis under the provisions of
P.D. 1083 or Islamic Law.

Mariano’s wife, Corazon and his minor son Junior are entitled

to inherit from the estate as sharer and residuary heir, respectively.

Since Mariano Junior is still minor, the provision of the P.D 1083 for

difference of religion to disqualify him to inherit cannot be applied.

This is because that under Islamic law all born is Muslim, and shall

become non- Muslim only upon reaching the age of maturity.

108
 The elder son Manuel and the daughter Cristina are disqualified

to inherit due their religion. The bequest by operation of law under

Article 107 of P.D. 1083 on difference of religion is applicable only to

spouses, and cannot be applied to them. However, they will be given

one third what they would receive without such disqualification for

equity and humanitarian reason. Muslim Code provides in Article 3

paragraph 3 that nothing herein shall be construed to operate to the

prejudice a non-Muslim.

109
Annex A.

TABLE OF QUR’ANIC HEIRS

Qur’anic Conditions of Inheritance Share

Heirs
(1) Father 1. In the presence of son/s or son’s 1/6
sons h.l.s.
2. In the presence of daughters or 1/6 +Residue
son’s daughter h.l.s.
3. In the absence of children or Residuary
son’s children h.l.s.
(2) Husband 1. In the presence of children or 1/4
son’s children h.l.s.
2. In the absence of above. 1/2
(3) Wife 1. In the presence of children or 1/8
son’s children h.l.s.
2. In the absence of above. 1/4
(4) Daughter 1. If alone. 1/2
2. If two or more. 2/3 in common
3. In presence of son. Residuary 2:1
(5) Son’s 1. If alone. 1/2
Daughter 2. If two or more, (1) and (2) 2/3 in common
applies in default of daughter.
3. If with single daughter. 1/6
4. Exclude by two daughters Residuary 2:1
unless with son’s son h.l.s.
5. Exclude by son.

(6) Mother 1. In the presence of:

(a) children and son’s children 1/6
h.l.s. or
(b) Two or more brothers and 1/6
sisters whether of full or half
blood.
2. In the presence of husband or 1/3 Residue
wife as the case may be, together

110
 with both parents.
3. In absence of 1 and 2. 1/3

(7) Full Sister 1. If alone. 1/2

2. If two or more. 2/3 in common
3. If with brother. Residuary 2:1
4. If alongside daughters, or son’s Residue
daughters.

(8) 1. If alone 1/2

Consanguine 2. If two or more (1) and (2) 2/3 in common
Sister applies in default of full sisters.
3. If alongside single full sister. 1/6
4. If alongside daughters, or son’s Residue
daughters.
5. Exclude by two sisters unless Residuary 2:1
with consanguine brother.

(9),(10) 1. If alone 1/6

Uterine 2. If two or more, 1/3 in common
Brothers & 3. Exclude by child, son’s child,
Sisters father and grandfather.

(11) True In default of mother-

Grandmother 1. If alone of the same 1/6
degree.
2. If two or more of the same 1/6 in common
degree.

(12) True In default of father

Grandfather 1. If with son or son’s son 1/6
h.l.s
2. If alongside daughter or 1/6+Residuary
son’s daughter h.l.s.
3. In the absence of children Residuary
or son’s children h.l.s.

111
Annex B.

EXCLUSION AMONG HEIRS

I. Heirs who cannot be totally exclude:

1. Son
2. Daughter
3. Father
4. Mother
5. Husband
6. Wife

II. Men among heirs who can be totally excluded:

1. Father’s father by a father.

2. Germane brother by a father, by a son, son’s son, even how low.

3. Consanguine brother can be excluded by those who exclude the

germane brothers (e.g., father, son son’s son, etc.). He also be
excluded by the germane brother and by the germane brother
and by the germane sister when she becomes a residuary heir
together with another.

4. Uterine brother or uterine sister can be excluded by a male

ascendant like the father, even how high or by a male or female
descendant like the son or daughter even how low.

5. Son’s son can be excluded by a son.

6. Germane brother’s son can be excluded by:

a. father
b. father’s father
c. son
d. son’s son
e. germane brother
112
 f. consanguine brother

7. Consanguine brother’s son can be excluded by the son of a

germane brother; and those who excluded the latter (e.g.,
germane brother’s son and those also who exclude the germane
brother’s son (6).

8. Germane paternal uncle ca be excluded by:

a. a son of consanguine brother and
b. By those who can exclude the latter (e.g., germane
brother’s son and those mentioned in No.6).

9. The consanguine paternal uncle can be excluded by:

a. a germane paternal uncle; and
b. Those who can exclude the latter (Nos. 6 & 8).

10. Son of germane paternal uncle can be excluded by:

a. a consanguine paternal uncle; and
b. Those who can exclude the latter.

11. The son of consanguine paternal uncle can be excluded by;

a. a son of germane paternal uncle; and
b. Those who can exclude the latter.

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III. Following diagram shows the summary of the rule of exclusion
among male heirs:

FF : F
SS : S
MM : M
PGM : M F
GB : S SS F
CB : S SS F GB
UB : S SS F FF
GBS : S SS F FF GB CB
CBS : S SS F FF GB CB GBS
GPU : S SS F FF GB CB GBS CBS
CPU : S SS F FF GB CB GBS CBS GPU
GPU : S SS F FF GB CB GBS CBS GPU CPU
S
CPUS : S SS F FF GB CB GBS CBS GPU CPU

Exclusion among female heirs:

MM : M
GS : S SS F
CS : S SS F
US : S SS F FF
SD : S 2D F
GS : S SS F

114
Annex C.

PRESIDENTIAL DECREE NO. 1083

A DECREE TO ORDAIN AND PROMULGATE A CODE

RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS,
CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING
FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.

WHEREAS, pursuant to the spirit of the provision of the Constitution

of the Philippines that, in order to promote the advancement and
effective participation of the National Cultural Communities in the
building of the New Society, the State shall consider their customs,
traditions, beliefs and interests in the formulation and implementation
of its policies;

WHEREAS, Islamic law and its principles of equity and justice, to

which the Filipino Muslim communities adhere, provide an essential
basis for the fuller development of said communities in relation to the
search for harmonious relations of all segments of the Filipino nation to
enhance national unity;

WHEREAS, the enforcement, with the full sanction of the State, of the
legal system of the Filipino Muslims shall redound to the attainment of
a more ordered life amongst them;

WHEREAS, it is the intense desire of the New Society to strengthen all

the ethno-linguistic communities in the Philippines within the context
of their respective ways of life in order to bring about a cumulative
result satisfying the requirements of national solidarity and social
justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Republic of the Philippines, by virtue of the powers vested in me by the
Constitution of the Philippines, do hereby ordain and promulgate the
"Code of Muslim Personal Laws of the Philippines" as part of the law
of the land hereby decree:

115
 BOOK ONE
General Provisions

TITLE I
Title and Purposes of Code

Article 1. Title. — This decree shall be known as the "Code of Muslim

Personal Laws of the Philippines."

Art. 2. Purpose of Code. — Pursuant to Section 11 of Article XV of

the Constitution of the Philippines, which provides that "The State shall
consider the customs, traditions, beliefs and interests of national
cultural communities in the formulation and implementation of state
policies," this Code:

(a)Recognizes the legal system of the Muslims in the Philippines as

part of the law of the land and seeks to make Islamic institutions more
effective;

(b)Codifies Muslim personal laws; and

(c)Provides for an effective administration and enforcement of Muslim

personal laws among Muslims.

TITLE II
Construction of Code and Definition of Terms

Art. 3. Conflict of provisions. — (1) In case of conflict between any

provision of this Code and laws of general application, the former shall
prevail.

(2) Should the conflict be between any provision of this Code and
special laws or laws of local application, the latter shall be liberally
construed in order to carry out the former.

(3) The provisions of this Code shall be applicable only to Muslims

and nothing herein shall be construed to operate to the prejudice of a
non-Muslim.
116
Art. 4. Construction and interpretation. — (1) In the construction and
interpretation of this Code and other Muslim laws, the court shall take
into consideration the primary sources of Muslim law.

(2) Standard treatises and works on Muslim law and jurisprudence

shall be given persuasive weight in the interpretation of Muslim law.

Art. 5. Proof of Muslim law and 'ada. — Muslim law and 'ada not
embodied in this Code shall be proven in evidence as a fact. No 'ada
which is contrary to the Constitution of the Philippines, this Code,
Muslim law, public order, public policy or public interest shall be given
any legal effect.

Art. 6. Conflict in Islamic schools of law. — (1) Should there be any

conflict among the orthodox (Sunni) Muslim schools of law
(Madhahib), that which is in consonance with the Constitution of the
Philippines, this Code, public order, public policy and public interest
shall be given effect.

(2) The Muslim schools of law shall, for purposes of this Code, be the
Hanafi, the Hanbali, the Maliki and the Shafi'i.

Art. 7. Definition of terms. — Unless the context otherwise provides:

(a) "Agama Arbitration Council" means a body composed of the

Chairman and a representative of each of the parties to constitute a
council to take all necessary steps for resolving conflicts between
them.

(b) "Ada" means customary law.

(c) "General Register" means the General Register of marriages,

divorces, revocation of divorces, conversion and such other deeds or
instruments kept by the Registrar under this Code.

(d) "Ihram" signifies the state of ritual consecration of a person while

on pilgrimage to Mecca.

117
(e) "Madhhab" (plural, Madhahib) means any of the four orthodox
(Sunni) schools of Muslim law.

(f) "Month" means a period of thirty days.

(g) "Muslim" is a person who testifies to the oneness of God and the
Prophethood of Muhammad and professes Islam.

(h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations
governing Muslims as found principally in the Qur'an and the Hadith.

(i) "Muslim Personal Law" includes all laws relating to personal status,
marriage and divorce, matrimonial and family relations, succession and
inheritance, and property relations between spouses as provided for in
this Code.

BOOK TWO
Persons and Family Relations

TITLE I
Civil Personality (Shakhsiyah Madaniya)

Art. 8. Legal capacity. — Juridical capacity, which is the fitness to be

the subject of legal relations, is inherent in every natural person and is
lost only through death. Capacity to act, which is the power to do acts
with legal effect, is acquired and may be lost.

Art. 9. Restrictions on capacity. — The following circumstances,

among others, modify or limit capacity to act: age, insanity, imbecility,
the state of being deaf-mute, the condition of death-illness (marad-ul-
maut), penalty, prodigality, absence, family relations, alienage,
insolvency, and trusteeship. The consequences of these circumstances
are governed by this Code and other Islamic laws and, in a suppletory
manner, by other laws.

Art. 10. Personality, how acquired. — Birth determines personality;

but the conceived child shall be considered born for all purposes that

118
are favorable to it, provided it be born alive, however, briefly, at the
time it is completely delivered from the mother's womb.

Art. 11. Extinction of personality. — (1) Civil personality is

extinguished by death. The effect of death upon the rights and
obligations of a deceased person is determined by this Code, by
contract, and by will.

(2) After an absence of seven years, it being unknown whether or not

the absentee still lives, he shall be presumed dead.

Art. 12. Simultaneous death. — If, as between two or more persons

who are called to succeed each other, there is a doubt as to which of
them died first, whoever alleges the death of one prior to the other shall
prove the same; in the absence of such proof, it is presumed that they
died at the same time and there shall be no transmission of rights from
one to the other. However, the successional rights of their respective
heirs shall not be affected

TITLE II
Marriage and Divorce

CHAPTER I
Applicability Clause

Art. 13. Application. — (1) The provisions of this Title shall apply 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 this Code in any part of the
Philippines.

(2) In case of marriage between a Muslim and a non-Muslim,

solemnized not in accordance with Muslim law or this Code, the Civil
Code of the Philippines shall apply.

(3) Subject to the provisions of the preceding paragraphs, the essential

requisites and legal impediments to marriage, divorce, paternity and
filiation, guardianship and custody of minors, support and maintenance,
119
claims for customary dower (mahr), betrothal, breach of contract to
marry, solemnization and registration of marriage and divorce, rights
and obligations between husband and wife parental authority, and the
properly relations between husband and wife shall be governed by this
Code and other applicable Muslim laws.

CHAPTER II
Marriage (Nikah)

Section 1. Requisites of Marriage. —

Art. 14. Nature. — Marriage is not only a civil contract but a social
institution. Its nature, consequences and incidents are governed by this
Code and the Shari'a and not subject to stipulation, except that the
marriage settlements may to a certain extent fix the property relations
of the spouses.

Art. 15. Essential requisites. — No marriage contract shall be

perfected unless the following essential requisites are compiled with:

(a) Legal capacity of the contracting parties;

(b) Mutual consent of the parties freely given;

(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two
competent persons after the proper guardian in marriage (wali) has
given his consent; and

(d) Stipulation of customary dower (mahr) duly witnessed by two

competent persons.

Art. 16. Capacity to contract marriage. — (1) Any Muslim male at

least fifteen years of age and any Muslim female of the age of puberty
or upwards and not suffering from any impediment under the
provisions of this Code may contract marriage. A female is presumed
to have attained puberty upon reaching the age of fifteen.

120
(2) However, the Shari'a District Court may, upon petition of a proper
wali, order the solemnization of the marriage of a female who though
less than fifteen but not below twelve years of age, has attained
puberty.

(3) Marriage through a wali by a minor below the prescribed ages shall
be regarded as betrothal and may be annulled upon the petition of either
party within four years after attaining the age of puberty, provided no
voluntary cohabitation has taken place and the wali who contracted the
marriage was other than the father or paternal grandfather.

Art. 17. Marriage ceremony. — No particular form of marriage

ceremony is required but the ijab and the qabul in marriage shall be
declared publicly in the presence of the person solemnizing the
marriage and two competent witnesses. This declaration shall be set
forth in an instrument in triplicate, signed or marked by the contracting
parties and said witnesses, and attested by the person solemnizing the
marriage. One copy shall be given to the contracting parties and
another sent to the Circuit Registrar by the solemnizing officer who
shall keep the third.

Art. 18. Authority to solemnize marriage. — Marriage may be

solemnized:

(a) By the proper wali of the woman to be wedded;

(b) Upon authority of the proper wali, by any person who is competent
under Muslim law to solemnize marriage; or

(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or
any person designated by the judge, should the proper wali refuse
without justifiable reason, to authorize the solemnization.

Art. 19. Place of solemnization. — Marriage shall be solemnized

publicly in any mosque, office of the Shari'a judge, office of the
District or Circuit Registrar, residence of the bride or her wali, or at any
other suitable place agreed upon by the parties.

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Art. 20. Specification of dower. — The amount or value of dower may
be fixed by the contracting parties (marh-musamma) before, during, or
after the celebration of the marriage. If the amount or the value thereof
has not been so fixed, a proper dower (mahr-mithl) shall, upon petition
of the wife, be determined by the court according to the social standing
of the parties.

Art. 21. Payment of dower. — Subject to the stipulation of the parties,

the dower may be fully or partially paid before, during, or after the
marriage. The property or estate of the husband shall be liable for the
unpaid dower, or any part thereof.

Art. 22. Breach of contract. — Any person who has entered into a
contract to marry but subsequently refuses without reasonable ground
to marry the other party who is willing to perform the same shall pay
the latter the expenses incurred for the preparation of the marriage and
such damages as may be granted by the court.

Section 2. Prohibited Marriages. —

Art. 23. Bases of prohibition. — No marriage may be contracted by

parties within the prohibited degrees:

(a) Of consanguinity;

(b) Of affinity; and

(c) Of fosterage.

Art. 24. Prohibition by consanguinity (tahrimjbin-nasab). — No

marriage shall be contracted between:

(a) Ascendants and descendants of any degree;

(b) Brothers and sisters, whether germane, consanguine or uterine; and

122
(c) Brothers or sisters and their descendants within the third civil
degree.

Art. 25. Prohibition by affinity (tahrim-bill-musahara). — (1) No

marriage shall be contracted between:

(a) Any of the spouses and their respective affinal relatives in the
ascending line and in the collateral line within the third degree;

(b) Stepfather and stepdaughter when the marriage between the former
and the mother of the latter has been consummated;

(c) Stepmother and stepson when the marriage between the former and
the father of the latter has been consummated; and

(d) Stepson or stepdaughter and the widow, widower or divorcee of

their respective ascendants.

(2) The prohibition under this article applies even after the dissolution
of the marriage creating the affinal relationship.

Art. 26. Prohibition due to fosterage (tahrim-bir-rada'a). — (1) No

person may validly contract marriage with any woman who breastfed
him for at least five times within two years after his birth.

(2) The prohibition on marriage by reason of consanguinity shall

likewise apply to persons related by fosterage within the same degrees,
subject to exception recognized by Muslim law.

Section 3. Subsequent Marriages. —

Art. 27. By a husband. — Notwithstanding the rule of Islamic law

permitting a Muslim to have more than one wife but one wife unless he
can deal with them with equal companionship and just treatment as
enjoined by Islamic law and only in exceptional cases.

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Art. 28. By widow. — No widow shall contract a subsequent marriage
unless she has observed an 'idda of four months and ten days counted
from the date of the death of her husband. If at that time the widow is
pregnant, she may remarry within a reasonable time after delivery. In
such case, she shall produce the corresponding death certificate.

Art. 29. By divorcee. — (1) No woman shall contract a subsequent

marriage unless she has observed an 'idda of three monthly courses
counted from the date of divorce. However, if she is pregnant at the
time of the divorce, she may remarry only after delivery.

(2) Should a repudiated woman and her husband reconcile during her
'idda, he shall have a better right to take her back without need of a new
marriage contract.

(3) Where it is indubitable that the marriage has not been consummated
when the divorce was affected, no 'idda shall be required.

Art. 30. Marriage after three talaq. — (1) Where a wife has been thrice
repudiated (talaq bain lubra) on three different occasions by her
husband, he cannot remarry her unless she shall have married another
person who divorces her after consummation of the intervening
marriage and the expiration of the 'idda.

(2) No solemnizing officer shall perform the subsequent marriage

mentioned in the preceding paragraph unless he has ascertained that
there was no collusion among the parties.

Section 4. Batil and Fasi Marriages. —

Art. 31. Batil marriages. — The following marriages shall be void

(batil) from the beginning:

(a) Those contracted contrary to Articles 23, 24, 25 and 26;

(b) Those contracted in contravention of the prohibition against

unlawful conjunction; and

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(c) Those contracted by parties one or both of whom have been found
guilty of having killed the spouse of either of them.

Art. 32. Fasid marriages. — The following marriages shall be irregular

(fasid) from their performance:

(a) Those contracted with a female observing 'idda;

(b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated by violence,

intimidation, fraud, deceit or misrepresentation;

(d) Those contracted by a party in a condition of death-illness (marad-

ul-mault) without the same being consummated;

(e) Those contracted by a party in a state of ihram; and

(f) Mixed marriages not allowed under Islamic law.

Art. 33. Validation of irregular marriages. — (1) Irregular marriages

may be made regular by a new marriage contract in the following
cases:

(a) Those referred to in Article 32(a), after the impediment has been
removed;

(b) Those referred to in Article 32(b), upon compliance with the

requirement of Article 30;

(c) Those referred to in Article 32(c), after the causes vitiating consent
have ceased;

(d) Those referred to in Article 32(d), in case the party recovers;

(e) Those referred to in Article 32(e), when the party is no longer in a

state of ihram; and

125
(f) Those referred to in Article 32(f), after conversion to a faith that
could have made the marriage valid.

(2) The effects of the new marriage under the first paragraph shall
retroact to the date of the celebration of the irregular marriage.

Section 5. Rights and Obligations Between Spouses. —

Art. 34. Mutual rights and obligations. — (1) The husband and the wife
are obliged to live together, observe mutual respect and fidelity, and
render mutual help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to the conjugal
union or brings danger, dishonor or material injury upon the other, the
injured party may petition the court for relief. The court may counsel
the offender to comply with his or her duties, and take such measures
as may be proper.

(3) The husband and the wife shall inherit from each other in
accordance with this Code.

(4) The husband and the wife shall have the right to divorce in
accordance with this Code.

Art. 35. Rights and obligations of the husband. — The husband shall
fix the residence of the family. The court may exempt the wife from
living with her husband on any of the following grounds:

(a) Her dower is not satisfied in accordance with the stipulations; or

(b)The conjugal dwelling is not in keeping with her social standing or

is, for any reason, not safe for the members of the family or her
property.

Art. 36. Rights and obligations of the wife. — (1) The wife shall
dutifully manage the affairs of the household. She may purchase things
necessary for the maintenance of the family, and the husband shall be

126
bound to reimburse the expenses, if he has not delivered the proper
sum.

(2) The wife cannot, without the husband's consent, acquire any
property by gratuitous title, except from her relatives who are within
the prohibited degrees in marriage.

(3) The wife may, with her husband's consent, exercise any profession
or occupation or engage in lawful business which is in keeping with
Islamic modesty and virtue. However, if the husband refuses to give his
consent on the ground that his income is sufficient for the family
according to its social standing or his opposition is based on serious
and valid grounds, the matter shall be referred to the Agama Arbitration
Council.

(4) The wife shall have the right to demand the satisfaction of her
mahr.

(5) Unless otherwise stipulated in the marriage settlements, the wife

retain ownership and administration of her exclusive property.

(6) The wife shall be entitled to an equal and just treatment by the
husband.

Section 6. Property Relations Between Spouses. —

Art. 37. How governed. — The property relations between husband

and wife shall be governed in the following order:

(a) By contract before or at the time of the celebration of marriage;

(b) By the provisions of this Code; and

(c) By custom.

Art. 38. Regime of property relations. — The property relations

between the spouses, in the absence of any stipulation to the contrary in

127
the marriage settlements or any other contract, shall be governed by the
regime of complete separation of property in accordance with this Code
and, in a suppletory manner, by the general principles of Islamic law
and the Civil Code of the Philippines.

Art. 39. Stipulation in the marriage settlements. — Every stipulation in

the marriage settlements or contract referred to in the preceding article
shall be void and without effect whatsoever, should the marriage not
take place. However, stipulations that do not depend upon the contract
of marriage shall be valid.

Art. 40. Ante-nuptial property. — The wife shall not lose ownership
and administration of all properties brought by her to the marriage in
the absence of any written agreement to the contrary, and she may
dispose of the same by deed or otherwise even without the consent of
her husband.

Art. 41. Exclusive property of each spouse. — The following shall be

the exclusive property of either spouse:

(a) Properties brought to the marriage by the husband or the wife;

(b) All income derived by either spouse from any employment,

occupation or trade;

(c) Any money or property acquired by either spouse during marriage

by lucrative title;

(d) The dower (mahr) of the wife and nuptial gifts to each spouse;

(e) Properties acquired by right of redemption, purchase or exchange of

the exclusive property of either; and

(f) All fruits of properties in the foregoing paragraphs.

Art. 42. Ownership and administration. — Each spouse shall own,

possess, administer, enjoy and dispose of his or her own exclusive

128
estate even without the consent of the other. However, the court may,
upon petition of either spouse, grant to the other the administration of
such property.

Art. 43. Household property. — Household property which

customarily pertains to or is used by either spouse shall be prima facie
presumed to be the property of said spouse.

Art. 44. Right to sue and be sued. — The wife may, independently of
the husband, sue or be sued in the following cases:

(a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property;

(c) If the litigation is incidental to her profession, occupation or

business;

(d) If the litigation concerns the exclusive property of the husband, the
administration of which has been transferred to her; or

(e) Such other appropriate cases as may be followed by the general

principles of Islamic law and other laws.

CHAPTER III
Divorce (Talaq)

Section 1. Nature and Form. —

Art. 45. Definition and forms. — Divorce is the formal dissolution of

the marriage bond in accordance with this Code to be granted only after
the exhaustion of all possible means of reconciliation between the
spouses. It may be effected by:

(a) Repudiation of the wife by the husband (talaq);

(b) Vow of continence by the husband (ila);

129
(c) Injurious assanilation of the wife by the husband (zihar);

(d) Acts of imprecation (li'an);

(e) Redemption by the wife (khul');

(f) Exercise by the wife of the delegated right to repudiate (tafwld); or

(g) Judicial decree (faskh).

Art. 46. Divorce by talaq. — (1) A divorce by talaq may be effected

by the husband in a single repudiation of his wife during her non-
menstrual period (tuhr) within which he has totally abstained from
carnal relation with her. Any number of repudiation made during one
tuhr shall constitute only one repudiation and shall become irrevocable
after the expiration of the prescribed 'idda.

(2) A husband who repudiates his wife, either for the first or second
time, shall have the right to take her back (ruju) within the prescribed
'idda by resumption of cohabitation without need of a new contract of
marriage. Should he fail to do so, the repudiation shall become
irrevocable (Talaq bain sugra).

Art. 47. Divorce by Ila. — Where a husband makes a vow to abstain

from any carnal relations (ila) with his wife and keeps such ila for a
period of not less than four months, she may be granted a decree of
divorce by the court after due notice and hearing.

Art. 48. Divorce by zihar. — Where the husband has injuriously

assimilated (zihar) his wife to any of his relatives within the prohibited
degrees of marriage, they shall mutually refrain from having carnal
relation until he shall have performed the prescribed expiation. The
wife may ask the court to require her husband to perform the expiation
or to pronounce the a regular talaq should he fail or refuse to do so,
without prejudice to her right of seeking other appropriate remedies.

Art. 49. Divorce by li'an. — Where the husband accuses his wife in
court of adultery, a decree of perpetual divorce may be granted by the
130
court after due hearing and after the parties shall have performed the
prescribed acts of imprecation (li'an).

Art. 50. Divorce by khul'. — The wife may, after having offered to
return or renounce her dower or to pay any other lawful consideration
for her release (khul') from the marriage bond, petition the court for
divorce. The court shall, in meritorious cases and after fixing the
consideration, issue the corresponding decree.

Art. 51. Divorce by tafwid. — If the husband has delegated (tafwid) to

the wife the right to effect a talaq at the time of the celebration of the
marriage or thereafter, she may repudiate the marriage and the
repudiation would have the same effect as if it were pronounced by the
husband himself.

Art. 52. Divorce by faskh. — The court may, upon petition of the wife,
decree a divorce by faskh on any of the following grounds :

(a) Neglect or failure of the husband to provide support for the family
for at least six consecutive months;

(b) Conviction of the husband by final judgment sentencing him to

imprisonment for at least one year;

(c) Failure of the husband to perform for six months without reasonable
cause his marital obligation in accordance with this code;

(d) Impotency of the husband;

(e) Insanity or affliction of the husband with an incurable disease which

would make the continuance of the marriage relationship injurious to
the family;

(f)Unusual cruelty of the husband as defined under the next succeeding

article; or

131
(g) Any other cause recognized under Muslim law for the dissolution of
marriage by faskh either at the instance of the wife or the proper wali.

Art. 53. Faskh on the ground of unusual cruelty. — A decree offaskh

on the ground of unusual cruelty may be granted by the court upon
petition of the wife if the husband:

(a) Habitually assaults her or makes her life miserable by cruel conduct
even if this does not result in physical injury;

(b) Associates with persons of ill-repute or leads an infamous life or

attempts to force the wife to live an immoral life;

(c) Compels her to dispose of her exclusive property or prevents her

from exercising her legal rights over it;

(d) Obstructs her in the observance of her religious practices; or

(e) Does not treat her justly and equitably as enjoined by Islamic law.

Art. 54. Effects of irrevocable talaq or faskh. — A talaq or faskh, as

soon as it becomes irrevocable, shall have the following effects:

(a) The marriage bond shall be severed and the spouses may contract
another marriage in accordance with this Code;

(b) The spouses shall lose their mutual rights of inheritance;

(c) The custody of children shall be determined in accordance with

Article 78 of this code;

(d)The wife shall be entitled to recover from the husband her whole
dower in case the talaq has been affected after the consummation of the
marriage, or one-half thereof if effected before its consummation;

(e) The husband shall not be discharged from his obligation to give
support in accordance with Article 67; and

132
(f) The conjugal partnership, if stipulated in the marriage settlements,
shall be dissolved and liquidated.

Art. [Link] of other kinds of divorce. — The provisions of the

article immediately preceding shall apply to the dissolution, of
marriage by ila, zihar, li'an and khul', subject to the effects of
compliance with the requirements of the Islamic law relative to such
divorces.

Section 2. 'Idda. —

Art. 56. 'Idda defined. — 'Idda is the period of waiting prescribed for a
woman whose marriage has been dissolved by death or by divorce the
completion of which shall enable her to contract a new marriage.

Art. 57. Period. — (1) Every wife shall be obliged to observe 'idda as
follows:

(a) In case of dissolution of marriage by death, four months and ten

days counted from the death of her husband;

(b) In case of termination of marriage by divorce, for three monthly

courses; or

(c) In case of a pregnant women, for a period extending until her

delivery.

(2) Should the husband die while the wife is observing 'idda for
divorce, another 'idda for death shall be observed in accordance with
paragraph 1(a).

TITLE III
Paternity and Filiation

Art. 58. Legitimacy, how established. — Legitimacy of filiation is

established by evidence of valid marriage between the father and the
mother at the time of the conception of the child.

133
Art. 59. Legitimate children. — (1) Children conceived in lawful
wedlock shall be presumed to be legitimate. Whoever claims
illegitimacy of or impugns such filiation must prove his allegation.

(2) Children born after six months following the consummation of

marriage or with two years after the dissolution of the marriage shall be
presumed to be legitimate. Against this presumption no evidence shall
be admitted other than that of the physical impossibility of access
between the parents at or about the time of the conception of the child.

Art. 60. Children of subsequent marriage. — Should the marriage be

dissolved and the wife contracts another marriage after the expiration
of her 'IDDA, the child born within six months from the dissolution of
the prior marriage shall be presumed to have been conceived during the
former marriage, and if born thereafter, during the latter.

Art. 61. Pregnancy after dissolution. — If, after the dissolution of

marriage, the wife believes that she is pregnant by her former husband,
she shall, within thirty days from the time she became aware of her
pregnancy, notify the former husband or his heirs of that fact. The
husband or his heirs may ask the court to take measures to prevent a
simulation of birth.

Art. 62. Rights of legitimate child. — A legitimate child shall have the
right:

(a) To bear the surnames of the father and of the mother;

(b) To receive support from the father or, in his default, from his heirs
in accordance with Articles 65 and 68; and

(c) To share in the legitimate (furud) and other successional rights

which this Code recognizes in his favor.

Art. 63. Acknowledgment by father. — Acknowledgment (igra) of a

child by the father shall establish paternity and confer upon each the
right inherit from the other exclusively in accordance with Article 94,
provided the following conditions are complied with:
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(a) The acknowledgment is manifested by the father's acceptance in
public that he is the father of the child who does not impugn it; and

(b) The relations does not appear impossible by reason of disparity in

age.

Art. 64. Adoption. — No adoption in any form shall confer upon any
person the status and rights of a legitimate child under Muslim law,
except that said person may receive a gift (hiba).

TITLE IV
Support (Nafaqa)

Art. 65. Support defined. — Support (nafaqa) includes everything that

is indispensable for sustenance, dwelling, clothing and medical
attendance according to the social standing of the person obliged to
give it, and the education of the person entitled to the support until he
completes his education, training, or vocation even beyond the age of
majority.

Art. 66. Amount. — The amount of support shall be in proportion to

the resources of the giver and to the needs of the recipient.

Art. 67. Support for wife and infant. — (1) The wife shall be entitled to
support during the marriage. In cases of divorce, (talaq), her right shall
be extended up to the expiration of the 'idda. However, in case the wife
is pregnant at the time of the separation, she shall be entitled to support
until delivery.

(2) Any divorced nursing mother who continues to breastfeed her child
for two years shall be entitled to support until the time of weaning.

Art. 68. Support between ascendants and descendants. — The

ascendants and descendants shall be obliged to support each other in
the order in which they are called to succeed by intestacy the person
who has a right to claim support.

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Art. 69. Payment. — (1) The obligation to support shall be demandable
from the time the recipient needs it for maintenance, but it shall not be
paid except from the date it is extrajudicially demanded.

(2) Payment shall be made daily, weekly or monthly in advance, and

when the recipient dies, his heirs shall not be obliged to return what he
had received in advance.

(3) If the recipient is the wife, the rule established in the foregoing
paragraph shall apply even though the marriage is dissolved.

Art. [Link] of support. — The obligation to support shall

cease:

(a) Upon the death of the recipient;

(b) When the resources of the obligor have been so reduced that he
cannot give the support without neglecting his own need and those of
his family, except that in the case of the spouses, the husband, though
needy, is obliged to support the wife; or

(c) When the recipient commits any act which would give rise to
disqualification to inherit or denial of support under Muslim law.

TITLE V
Parental Authority

CHAPTER I
Nature and Effects

Art. 71. Who exercises. — (1) The father and the mother shall jointly
exercise just and reasonable parental authority and fulfill their
responsibility over their legitimate and acknowledged children. In case
of disagreement, the father's decision shall prevail unless there is a
judicial order to the contrary.

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(2) The mother shall exercise parental authority over her children born
out of wedlock, but the court may, when the best interests of the
children so require, appoint a general guardian.

Art. 72. Duty to parents. — (1) Children shall respect, revere, and obey
their parents always unless the latter cast them into disbelief.

(2) Grandparents are likewise entitled to respect and reverence, and

shall be consulted whenever practicable by all members of the family
on all important questions.

Art. 73. Duty to children. — Every parent and every person exercising
parental authority shall see to it that the rights of the children are
respected, and their duties complied with, and shall particularly by
precept and example, imbue them with religious and civic attachment
to the ideal of permanent world peace.

Art. 74. Effects upon person of children. — The parents have, with
respect to their unemancipated children:

(a) The duty to support them, have them in their company, educate and
instruct them in keeping with their means and represent them in all
actions which shall redound to their benefits; and

(b) The power to correct, discipline, and punish them moderately.

Art. 75. Effects upon property of children. — (1) The father, or in his
absence the mother, shall be the legal administrator of the property of
the child under parental authority. If the property is worth more than
five thousand pesos, the father or the mother shall give a bond to be
approved by the court.

(2) The court may appoint a guardian (wali) in the absence of one who
is natural or testamentary.

Art. 76. Parental authority non-transferable. — Parental authority can

neither be renounced nor transferred except as otherwise provided in
this Code and the general principles of Islamic law.
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Art. 77. Extinguishment of parental authority. — (1) Parental authority
terminates upon the death of the parents or the child, or upon
emancipation.

(2) Subject to Article 78, the widowed mother who contracts a

subsequent marriage shall lose parental authority and custody over all
children by the deceased husband, unless the second husband is related
to them within the prohibited degrees of consanguinity.

(3) The court may deprive a person of parental authority or suspend the
exercise thereof if he treats his children with excessive harshness, gives
then corrupting or immoral orders and counsel, or abandons them.

CHAPTER II
Custody and Guardianship

Art. 78. Care and custody. — (1) The care and custody of children
below seven years of age whose parents are divorced shall belong to
the mother or, in her absence, to the maternal grandmother, the paternal
grandmother, the sister and aunts. In their default, it shall devolve upon
the father and the nearest paternal relatives. The minor above seven
years of age but below the age of puberty may choose the parent with
whom he wants to stay.

(2) The unmarried daughter who has reached the age of puberty shall
stay with the father; the son, under the same circumstances, shall stay
with the mother.

Art. 79. Guardian for marriage (wali). — The following persons shall
have authority to act as guardian for marriage (wali) in the order of
precedence:

(a) Father

(b) Paternal grandfather;

(c) Brother and other paternal relatives;

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(d) Paternal grandfather's executor or nominee; or

(e) The court.

Art. 80. Guardian of minor's property. — The following persons shall

exercise guardianship over the property of minors in the order of
precedence:

(a) Father;

(b) Father's executor or nominee;

(c) Paternal grandfather;

(d) Paternal grandfather's nominee; or

(e) The court.

TITLE VI
Civil Registry

CHAPTER I
Registry of Marriage,

DIVORCE AND CONVERSIONS

Art. 81. District Registrar. — The Clerk of Court of the Shari'a District
Court shall, in addition to his regular functions, act as District Registrar
of Muslim Marriages, Divorces, Revocations of Divorces, and
Conversions within the territorial jurisdiction of said court. The Clerk
of Court of the Shari'a Circuit Court shall act as Circuit Registrar of
Muslim Marriages, Divorces, Revocations of Divorces, and
Conversions within his jurisdiction.

Art. 82. Duties of District Registrar. — Every District Registrar shall

exercise supervision over Circuit Registrars in every Shari'a District.
He shall, in addition to an entry book, keep and bind copies of
certificates of Marriage, Divorce, Revocation of Divorce, and
139
Conversion sent to him by the Circuit Registrars in separate general
registers. He shall send copies in accordance with Act. No. 3753, as
amended, to the office of the Civil Registrar-General.

Art. 83. Duties of Circuit Registrar. — Every Circuit Registrar shall:

(a) File every certificate of marriage (which shall specify the nature and
amount of the dower agreed upon,) divorce or revocation of divorce
and conversion and such other documents presented to him for
registration;

(b) Compile said certificates monthly, prepare and send any

information required of him by the District Registrar;

(c) Register conversions involving Islam;

(d) Issue certified transcripts or copies of any certificate or document

registered upon payment of the required fees;

(e) Send to the District Registrar during the first ten days of each month
a copy of the entries made during the previous month;

(f) Index the same for easy reference and identification in case any
information is required; and

(g) Administer oaths, free of charge, for civil registry purposes.

Art. 84. Cancellation or Correction of Entry. — Any entry in the

District or Circuit Register may, upon verified petition of any interested
party, be corrected upon order of the Shari'a District Court, subject to
the provisions of the Rules of Court. Every Registrar shall be civilly
responsible for any unauthorized alteration made in the registry to any
person suffering damage thereby. However, the Registrar may exempt
himself from such liability if he proves that he has taken every
reasonable precaution to prevent the unlawful alteration.

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Art. 85. Registration of revocation of divorce. — Within seven days
after the revocation of a divorce by ruju', the husband shall, with the
wife's written consent, file a statement thereof with the Circuit
Registrar in whose records that divorce was previously entered.

Art. [Link] effects of registration. — The books making up the

registry of marriage, divorce, revocation of divorce, conversion, and all
other documents relating thereto shall be considered public documents
and shall be prima facie evidence of the facts therein contained.
However, nothing herein provided shall affect the intrinsic validity or
invalidity of the acts registered.

Art. 87. Applicability of other civil registry law. — To the extent not
inconsistent with the provisions of this Code, the provisions of other
registry laws governing other civil registrars shall be observed by
district or circuit registrars.

CHAPTER II
Other Acts Affecting Civil Status

Art. 88. Where registered. — All other acts, events, or judicial decrees
affecting civil status not mentioned in Chapter One of this Title shall be
recorded in the existing civil registry of the city or municipality in
accordance with special laws.

BOOK THREE
Succession

TITLE I
General Provisions

Art. 89. Succession defined. — Succession is a mode of acquisition by

virtue of which the estate of a person is transmitted to his heirs or
others in accordance with this code.

Art. 90. Successional rights, when vested. — The rights to succession

are transmitted from the moment of the death of the decedent. The right

141
to succession of any heir who predeceases the decedent shall not be
transmitted by right of representation to his own heirs.

Art. 91. Requisites of succession. — No settlement of the estate of a

deceased person shall be effected unless:

(a) The death of the decedent is ascertained;

(b) The successor is alive at the time of the death of the decedent; and

(c) The successor is not disqualified to inherit.

Art. 92. Inheritance (Mirath). — The inheritance of a person includes

all properties of any kind, movable or immovable, whether ancestral or
acquired either by onerous or gratuitous title, as well as all
transmissible rights and obligations at the time of his death and those
that accrue thereto before partition.

Art. 93. Disqualifications to succession. — The following shall be

disqualified to succeed:

(a) Those who have intentionally caused directly or indirectly the death
of the decedent;

(b) Those who have committed any other act which constitutes a
ground for disqualification to inherent under Islamic law; and

(c) Those who are so situated that they cannot inherit under Islamic
law.

Art. 94. Succession from acknowledging person. — Without prejudice

to the order of succession of heirs, mutual rights of inheritance shall
obtain:

(a) Between the acknowledging father and the acknowledged child;

and

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(b) Between the kinsman acknowledged through another person and the
acknowledger.

Art. 95. 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 her relatives.

Art. 96. Succession between divorced persons. — (1) The husband

who divorces his wife shall have mutual rights of inheritance with her
while she is observing her 'idda. After the expiration of the 'idda, there
shall be no mutual rights of succession between them.

(2) The husband who, while in a condition of death-illness, divorces his

wife shall not inherit from her, but she shall have the right to succeed
him even after the expiration of her 'idda.

Art. 97. Succession by conceived child. — A child conceived at the

time of the death of the decedent shall be considered an heir provided it
be born later in accordance with Article 10; its corresponding share
shall be reserved before the estate is distributed.

Art. 98. Succession by absentee. — The share of an heir who is

missing or otherwise absent at the time of the death of the decedent
shall be reserved:

(a) Until he reappears and claims it;

(b) Until he is proven dead; or

(c) Until the lapse of ten years after which he shall be presumed dead
by decree of the court.

Art. 99. Order of succession. — The heirs of a decedent shall inherit in

the following order:

(a) Sharers (ashab-ul-furud) shall be entitled to fixed shares;

143
(b) Residuaries (ashab-ul-mirath) shall be entitled to the residue;

(c) In the absence of the foregoing, the distant kindred (dhaw-ul-arham)

who are blood relatives but are neither sharers nor residuaries; and

(d) In default of the above, the acknowledged kinsman, universal

legatee, or the public treasury (bait-ul-mal), in that order.

Art. 100. Modes of Succession. — Succession may be:

(a) By will (wasiya);

(b) By operation of this Code; or

(c) By combination of both.

TITLE II
Testamentary Succession

CHAPTER I
Wills

Art. 101. Will defined. — A will (wasiya) is a declaration whereby a

person is permitted, with the formalities prescribed by law, to control
the disposition after his death of not more than one-third of his estate, if
there are heirs, or the whole of it, if there are no heirs or distant
kindred.

Art. 102. Formalities. — (1) The making of a will is strictly a personal

act; it cannot be left in whole or in part to the discretion of a third
person or accomplished through the instrumentality of an agent.

(2) A will may be declared orally or in writing in a manner that shows

clearly the intention of the testator to execute it in the presence of a
least two competent, credible and disinterested witnesses.

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Art. 103. Proof of will. — (1) No nuncupative will shall pass any
property of the decedent unless it is proved and allowed in accordance
with a solemn oath or affirmation of all the witnesses who attested to its
declaration.

(2) No will of any other kind, holographic or formal, shall pass any
property unless it is proved and allowed in accordance with this Code.

Art. 104. Testamentary wagf . — An endowment for Islamic purposes

to take effect after the death of the donor (wagf-bill-wasiya) partakes of
the nature of a testamentary disposition.

Art. 105. Capacity to make a will. — Any person of sound and

disposing mind and who is not expressly prohibited by Islamic law may
make a will. Persons of either sex under the age of puberty cannot
make a will.

Art. 106. Disposable third. — (1) The testator, in his will, cannot
dispose of more than one-third of his estate. Any bequest in excess
thereof shall not be given effect unless ratified by the heirs. In any case,
the bequest must be accepted by the legatee.

(2) A bequest to any sharer or residuary shall not be valid unless

ratified by the testator's heirs existing at the time of his death.

Art. 107. Bequest by operation of law. — Should the testator die

without having made a bequest in favor of any child of his son who
predeceased him, or who simultaneously dies with him, such child shall
be entitled to one-third of the share that would have pertained to the
father if he were alive. The parent or spouse, who is otherwise
disqualified to inherit in view of Article 93 (c), shall be entitled to one-
third of what he or she would have received without such
disqualification.

Art. 108. Revocation of will. — Will may be expressly or impliedly

revoked by the testator at any time before his death. Any waiver or
restriction of this right shall be void.

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Art. [Link] invalidity of will. — The invalidity of one of several
provisions of a will shall not result in the invalidity of the others, unless
it is to be presumed that the testator would not have made such other
provisions if the first invalid provision had not been made.

TITLE III
Legal Succession

CHAPTER I
Shares

Art. 110. Who are sharers. — The following persons shall be entitled
to the inheritance as sharers to the extent set forth in the succeeding
articles:

(a) The husband, the wife;

(b) The father, the mother, the grandfather, the grandmother;

(c) The daughter and the son's daughter in the direct line;

(d) The full sister, the consanguine sister, the uterine sister and the
uterine brother.

Art. 111. Share of surviving husband. — The husband surviving

together with a legitimate child or a child of the decedent's son shall be
entitled to one-fourth of the hereditary estate; should there be no such
descendants, he shall inherit one-half of the estate.

Art. 112. Share of surviving wife. — The wife surviving together with
a legitimate child or a child of the decedent's son shall be entitled to
one-eight of the hereditary estate; in the absence of such descendants,
she shall inherit one-fourth of the estate.

Art. 113. Share of surviving father. — The father succeeding together

with the legitimate son of the decedent or a son of the decedent's son
shall be entitled, as sharer, to one-sixth of the hereditary estate. The
father who succeeds together with a legitimate daughter of the decedent
146
or a daughter of the decedent's son shall inherit, as sharer, one-sixth of
the inheritance without prejudice to his share as residuary.

Art. 114. Share of surviving mother. — The mother succeeding as

sharer together with a child or a child of the decedent's son, or with two
or more brothers or sisters of the decedent, shall be entitled to one-sixth
of the hereditary estate. Should she survive without any such
descendant or with only one brother or sister, she shall inherit one-third
of the estate.

Art. 115. Share of paternal grandfather. — The paternal grandfather

succeeding together with the child of the decedent or, in default thereof,
with his descendants in the direct male line however, distant, shall be
entitled to one-sixth of the hereditary estate. Should he survive with
any sharer other than the brothers or sisters of the decedent, he shall be
entitled to one-sixth without prejudice to his right as a residuary.

Art. 116. Share of paternal grandmother. — The paternal grandmother

succeeding in default of the mother, father, or intermediate grandfather
of the decedent shall be entitled, as sharer, to one-sixth of the
hereditary estate.

Art. 117. Share of surviving daughter. — (1) If the decedent leaves no

son but one daughter, the latter shall be entitled to inherit, as sharer,
one-half of the hereditary estate. Two or more daughters shall share
equally two-thirds thereof. Should one or more daughters survive with
one or more sons of the decedent, the latter shall be entitled to double
the share of the former.

(2) Should a lone daughter of the decedent survive together with his
son's daughter, the two-thirds share shall be divided between them,
one-half thereof to pertain to the former and one-sixth of the latter.

Art. 118. Share of son's daughter. — The son's daughter shall, in the
absence of any child of the decedent, be entitled to one-half of the
hereditary estate. Two or more daughters of the decedent's son shall
share the two-thirds of the estate per capita.

147
Art. 119. Share of full sister. — Should the decedent leave neither
descendant, father, nor full brother, the full sister, shall be entitled as
sharer to the extent of one-half of the hereditary estate. Two or more
full sisters shall inherit two-thirds of the estate per capita.

Art. 120. Share of consanguine sister. — Should the decedent leave

neither descendent, full brother, nor full sister, the consanguine sister
shall be entitled to one-half of the hereditary estate. Two or more
consanguine sisters shall inherit two-thirds of the estate per capita.

Art. 121. Share of uterine brother or sister. — The share of a uterine

brother or sister shall be one-sixth of the hereditary estate should there
be no surviving descendant, father, paternal grandfather, or full brother
and sister of the decedent. Two or more uterine brothers or sisters shall
inherit one-third of the estate per capita.

Art. 122. Participation of full brother. — (1) One or more full brothers
and sisters surviving together, or one or more consanguine brothers or
sisters surviving together, shall participate in the hereditary estate, a
brother to inherit double the share of a sister.

(2) The provision of the next succeeding article notwithstanding, the

full brother shall, if nothing is left for him after the distribution of
shares and he survives with uterine brothers, participate with the latter
in the one-third of the hereditary estate per capita.

Art. 123. Exclusion among heirs. — The exclusion of heirs from the
inheritance shall be governed by the following rules:

(a) In the same line, the relative nearest in degree excludes the more
remote.

(b) Full-blood relatives exclude the consanguine and the uterine.

(c) Whoever is related to the decedent through any person shall not
inherit while the latter is living, except in the case of a mother
concurring with her children.

148
(d) Heirs who, in a particular case, do not succeed by reason of
disqualification on any ground shall not exclude others.

CHAPTER II
Residuary Heirs

Art. 124. Residuaries. — Any residue left after the distribution of the
shares shall be partitioned among the residuaries in accordance with the
following articles. An heir may succeed as residuary in his own right
(asaba-bin-nafs), in another's right (asaba-bil-ghair), or together with
another (asaba-ma'al-ghair).

Art. 125. Residuaries in their own right. — The following persons are
residuaries in their own right:

(a) Male descendants of the decedent in the direct line, however,

distant in degree;

(b) Male ascendants of the decedent in the direct line, however distant
in degree;

(c) Full-blood or consanguine brothers of the decedent and their male

descendants, however, distant in degree; and

(d) Full-blood or consanguine paternal uncles of the decedent and their

male descendants, however distant in degree.

Art. 126. Residuaries in another's right. — The following persons shall

succeed as residuaries in another's right:

(a) Daughters surviving with the son of the decedent;

(b) Son's daughters surviving with their own brothers;

(c) Full sisters surviving with their full brothers; and

(d) Consanguine sisters surviving with their consanguine brothers.

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Art. 127. Residuaries together with another. — Full-blood or
consanguine sisters, surviving with daughters of the decedent or with
the son's daughters, however, distant in degree from the decedent, are
residuaries together with another.

Art. 128. Preference among residuaries. — Preference among

residuaries shall be governed by the following rules:

(a) The residuary nearer in degree shall be preferred to the more remote
of the same class.

(b) The residuary with full-blood relationship shall be preferred to

those of the half-blood of the same degree of relationship in the same
class.

(c) The residuaries of the same class, degree and blood relationship
shall share equally, subject to the rule of the male having a share
double that of the female in proper cases.

Art. 129. Reduction of shares. — If the totality of all the shares

assigned to each of the sharers exceeds the whole inheritance, the
shares shall be reduced proportionately.

Art. 130. Reversion of residue. — If, after distributing the portions of

the sharers, a residue is left in the inheritance and there is no surviving
residuary heir, the same shall revert in its entirety to the lone sharer or
to all the sharers in proportion to their respective shares. However, the
husband or the wife shall not be entitled to any part of the reverted
portion as long as there are other sharers or distant kindred.

CHAPTER III
Distant Kindred (Dhaw-ul-arham)

Art. 131. Relatives included. — Distant kindred includes the

following:

(a) The daughter's children and the children of the son's daughter and
their descendants;
150
(b) The excluded grandfather and the excluded grandmother;

(c) The sister's children, the brother's daughters, the sons of the uterine
brother, and their descendants; and

(d) The paternal aunts, the uterine uncles and the maternal aunts and
uncles.

Art. 132. Extent and distribution of shares. — In default of all sharers

and residuaries, the distant kindred shall inherit the entire hereditary
estate, the same to be distributed among them in accordance with
Articles 123 and 128.

TITLE IV
Settlement and Partition of Estate

Art. 133. Administration. — The administration of the estate of a

decedent shall, for purposes of settlement, vest at the time of his death
in the executor appointed in the will or, in the absence thereof, in his
heir or administrator to whom the court has granted letters of
administration.

Art. 134. Governing school of law. — (1) In every petition for probate
of will or for the settlement of the estate of a decedent, all matters
relating to the appointment of administrator, powers and duties of
administrator or executor, the court shall take into consideration the
school of law (madhhab) of the decedent.

(2) If the decedent's madhhab is not known, the Shafi'i school of law
may be given preference together with the special rules of procedure
adopted pursuant to this Code.

Art. 135. Order of preference of claims. — The estate of a decedent

shall be applied to claims and charges in the following order:

(a) unpaid taxes;

(b) reasonable funeral expenses;

151
(c) the expenses for probate, administration and other judicial
expenses;

(d) the debts of the decedent;

(e) the legacies to the extent of the disposable one-third;

(f) the distribution of shares among heirs; and

(g) unpaid dower.

Art. 136. Liability of heirs. — The liability of the heirs of a decedent

for the payment of the matter's debts shall not exceed the hereditary
estate. Each heir shall be liable only for the payment of the decedent's
debt in proportion to his share.

BOOK FOUR
Adjudication and Settlement of Disputes and Rendition of Legal
Opinions

TITLE I
The Shari'a Courts

Art. 137. Creation. — There are hereby created as part of the judicial
system, courts of limited jurisdiction, to be known respectively as
Shari'a District Courts and Shari'a Circuit Courts, which shall exercise
powers and functions in accordance with this Title.

Shari'a courts and the personnel thereof shall be subject to the

administrative supervision of the Supreme Court.

CHAPTER I
Shari'a District Courts

Art. 138. Shari'a judicial districts. — Five special judicial districts,

each to have one Shari'a District Court presided over by one judge, are
constituted as follows:

152
(a) The First Shari'a District shall comprise the Province of Sulu;

(b) The Second Shari'a District, the Province of Tawi-Tawi;

(c) The Third Shari'a District, the Province of Basilan, Zamboanga del
Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian and
Zamboanga;

(d) The Fourth Shari'a District, the provinces of Lanao del Norte and
Lanao del Sur, and the Cities of Iligan and Marawi; and

(e) The Fifth Shari'a District, the Provinces of Maguindanao, North

Cotabato and Sultan Kudarat, and the City of Cotabato;

Art. 139. Appointment of judges. — The judicial function in the Shari'a

District Courts shall be vested in Shari'a District judges to be appointed
by the President of the Philippines.

Art. 140. Qualifications. — No person shall be appointed Shari'a

District judge unless, in addition to the qualifications for judges of
Courts of First Instance fixed in the Judiciary Law, he is learned in
Islamic law and jurisprudence.

Art. 141. Tenure. — Shari'a District judges shall be appointed to serve

during good behavior until they reach the age of sixty-five years, or
become incapacitated to discharge the duties of their office, unless
sooner removed for the same causes and in the same manner provided
by law for judges of Courts of First Instance.

Art. 142. Compensation. — Shari'a District judges shall receive the

same compensation and enjoy the same privileges as the judges of
Courts of First Instance.

Art. 143. Original jurisdiction. — (1) The Shari'a District Court shall
have exclusive original jurisdiction over:

153
(a) All cases involving custody, guardianship, legitimacy, paternity and
filiation arising under this Code;

(b) All cases involving disposition, distribution and settlement of the

estate of deceased Muslims, probate of wills, issuance of letters of
administration or appointment of administrators or executors regardless
of the nature or the aggregate value of the property;

(c) Petitions for the declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries mentioned
in Title VI of Book Two of this Code;

(d) All actions arising from customary contracts in which the parties are
Muslims, if they have not specified which law shall govern their
relations; and

(e) All petitions for mandamus, prohibition, injunction, certiorari,

habeas corpus, and all other auxiliary writs and processes in aid of its
appellate jurisdiction.

(2) Concurrently with existing civil courts, the Shari'a District Court
shall have original jurisdiction over:

(a) Petitions by Muslims for the constitution of a family home, change

of name and commitment of an insane person to an asylum;

(b) All other personal and real actions not mentioned in paragraph 1 (d)
wherein the parties involved are Muslims except those for forcible
entry and unlawful detainer, which shall fall under the exclusive
original jurisdiction of the Municipal Circuit Court; and

(c) All special civil actions for interpleader or declaratory relief

wherein the parties are Muslims or the property involved belongs
exclusively to Muslims.

Art. 144. Appellate jurisdiction. — (1) Shari'a District Courts shall

have appellate jurisdiction over all cases tried in the Shari'a Circuit
Courts within their territorial jurisdiction.
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(2) The Shari'a District Court shall decide every case appealed to it on
the basis of the evidence and records transmitted as well as such
memoranda, briefs or oral arguments as the parties may submit.

Art. 145. Finality of decision. — The decisions of the Shari'a District

Courts whether on appeal from the Shari'a Circuit Court or not shall be
final. Nothing herein contained shall affect the original and appellate
jurisdiction of the Supreme Court as provided in the Constitution.

Art. 146. Clerks and other subordinate employees. — Shari'a District

Courts shall have the same officers and other personnel as those
provided by law for Courts of First Instance.

The pertinent provisions of the Judiciary Law regarding the number,

qualifications, appointment, compensation, functions, duties and other
matters relative to the personnel of the Courts of First Instance shall
apply to those of the Shari'a District Courts.

Art. 147. Permanent stations; offices. — (1) The Shari'a District Courts
shall have their respective permanent stations in the following places:

(a) First Shari'a District, Jolo, Sulu;

(b) Second Shari'a District, Bongao, Tawi-Tawi;

(c) Third Shari'a District, Zamboanga City;

(d) Fourth Shari'a District, Marawi City;

(e) Fifth Shari'a District, Cotabato City;

(2) The Shari'a District Courts may hold sessions anywhere within
their respective districts.

(3) The provinces, cities or municipalities concerned shall provide such

courts with adequate court office, supplies and equipment in
accordance with the provisions of the Judiciary Law.

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Art. 148. Special procedure. — The Shari'a District Courts shall be
governed by such special rules of procedure as the Supreme Court may
promulgate.

Art. 149. Applicability of other laws. — The provisions of all laws

relative to the Courts of First Instance shall, insofar as they are not
inconsistent with this Code, be applicable to Shari'a District Courts.

CHAPTER II
Shari'a Circuit Courts

Art. 150. Where established. — (1) Shari'a Circuit Courts shall be

established as follows:

(a) Six such courts in the Province of Sulu;

(b) Eight in the Province of Tawi-Tawi;

(c) Ten in and for the Provinces of Basilan, Zamboanga del Norte and
Zamboanga del Sur, and the Cities of Dipolog, Pagadian, and
Zamboanga;

(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del
Sur and the Cities of Iligan and Marawi;

(e) Fifteen in and for the Province of Maguindanao, North Cotabato

and Sultan Kudarat and the City of Cotabato.

(2) The territorial jurisdiction of each of the 'Shari'a Circuit Courts shall
be fixed by the Supreme Court on the basis of geographical contiguity
of the municipalities and cities concerned and their Muslim population.

Art. 151. Appointment of judges. — Each Shari'a Circuit Court shall

be presided over by a Shari'a Circuit Judge to be appointed by the
President of the Philippines.

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Art. 152. Qualifications. — No person shall be appointed judge of the
Shari'a Circuit Court unless he is a natural-born citizen of the
Philippines, at least twenty-five years of age, and has passed an
examination in the Shari'a and Islamic jurisprudence (fiqh) to be given
by the Supreme Court for admission to special membership in the
Philippine Bar to practice in the Shari'a Courts.

Art. 153. Tenure. — Shari'a Circuit judges shall be appointed to serve

during good behavior until they reach the age of sixty-five years or
become incapacitated to discharge the duties of their office, unless
sooner removed for the same causes and in the same manner provided
by law for judges of Municipal Circuit Courts.

Art. 154. Compensation. — Shari'a Circuit judges shall receive the

same compensation and enjoy the same privileges as judges of
Municipal Circuit Courts.

ARTICLE 155. Jurisdiction. — The Shari'a Circuit Courts shall have

exclusive original jurisdiction over;

(1) All cases involving offenses defined and punished under this Code.

(2) All civil actions and proceedings between parties who are Muslims
or have been married in accordance with Article 13 involving disputes
relating to:

(a) Marriage;

(b) Divorce recognized under this Code;

(c) Betrothal or breach of contract to marry;

(d) Customary dower (mahr);

(e) Disposition and distribution of property upon divorce;

(f) Maintenance and support, and consolatory gifts, (mut'a); and

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(g) Restitution of marital rights.

(3) All cases involving disputes relative to communal properties.

Art. 156. Clerks and other subordinate employees. — (1) Shari'a

Circuit Courts shall have the same officers and other personnel as those
provided by law for Municipal Circuit Courts.

(2) The pertinent provisions of the Judiciary Law regarding the number,
qualifications, appointment, compensation, functions, duties and other
matters relative to the personnel of the Municipal Circuit Courts shall
apply to those of the Shari'a Circuit Courts.

Art. 157. Place of sessions; stations. — Shari'a Circuit Court may hold
session anywhere within their respective circuits, but each shall have a
principal station to be fixed by the Supreme Court.

Art. 158. Special procedure. — The Shari'a Circuit Courts shall be

governed by such special rules of procedure as the Supreme Court may
promulgate.

Art. 159. Applicability of other laws. — The provisions of all laws

relative to Municipal Circuit Courts shall, to the extent that they are not
inconsistent with this Code, be applicable to the Shari'a Circuit Courts.

TITLE II
The Agama Arbitration Council

Art. 160. Constitution. — The Shari'a District Court or the Shari'a

Circuit Court may, in appropriate cases, constitute an Agama
Arbitration Council in the manner specified in this Title.

Art. 161. Divorce by talag and tafwid. — (1) Any Muslim male who
has pronounced a talag shall, without delay, file with the Clerk of Court
of the Shari'a Circuit Court of the place where his family resides a
written notice of such fact and the circumstances attended thereto, after
having served a copy thereof to the wife concerned. The talag
pronounced shall not become irrevocable until after the expiration of
158
the prescribed 'idda. The notice filed shall be conclusive evidence that
talag has been pronounced.

(2) Within seven days from receipt of notice, the Clerk of Court shall
require each of the parties to nominate a representative. The
representatives shall be appointed by the Court to constitute, together
with the Clerk of Court as Chairman, an Agama Arbitration Council.
The Agama Arbitration Council shall submit to the Court a report on
the result of the arbitration, on the basis of which and such other
evidence as may be allowed, the Court shall issue the corresponding
order.

(3) The provisions of this article shall be observed should the wife
exercise tafwid.

Art. 162. Subsequent marriages. — Any Muslim husband desiring to

contract a subsequent marriage shall, before so doing, file a written
notice thereof with the Clerk of Court of the Shari'a Circuit Court of the
place where his family resides. Upon receipt of said notice, the Clerk
shall serve a copy thereof to the wife or wives. Should any of them
object, an Agama Arbitration Council shall be constituted in
accordance with the provisions of paragraph (2) of the preceding
article. If the Agama Arbitration Council fails to obtain the wife's
consent to the proposed marriage, the Court shall, subject to Article 27,
decide whether or not to sustain her objection.

Art. 163. Offenses against customary law. — The Shari'a Circuit Court,
in cases involving offenses against customary law which can be settled
without formal trial, may, at its discretion, direct the Shari'a Clerk of
Court to constitute a council of not less than two nor more than four
members, with him as chairman, to settle the case amicably.

TITLE III
Jurisconsult in Islamic Law

Art. 164. Creation of office and appointment. — (1) There shall be a

Jurisconsult in Islamic law, who shall be appointed by the President of
159
the Philippines and hold office for a term of seven years, without
prejudice to re-appointment, unless sooner removed for cause or
incapacitated to discharge the duties of his office.

(2) The Office of the Jurisconsult shall be under the administrative

supervision of the Supreme Court of the Philippines which shall also
fix its permanent station, preferably in the City of Zamboanga.

Art. 165. Qualifications. — No person shall be appointed Jurisconsult

in Islamic Law unless he is a citizen of the Philippines, at least forty
years of age, of good moral character and proven integrity, and an
eminent scholar in the Qur'an and Hadith and in Islamic jurisprudence
as well as proficient in Arabic.

Art. 166. Functions. — (1) The Jurisconsult shall, on the written

request of any interested party, have the authority to render legal
opinions, based on recognized authorities, regarding any question
relating to Muslim Law. For this purpose, he may, if he deems it
necessary, consult or ask for a consensus of the 'ulama.

(2) The Jurisconsult shall consider and act on every such request
unless, in his opinion and for good reason, the question need not be
answered.

(3) The Office of the Jurisconsult shall keep a compilation and cause
the publication of all his legal opinions.

Art. 167. Compensation. — Until otherwise provided by law, the

Jurisconsult shall receive an annual compensation of forty-eight
thousand pesos which shall not be diminished during his term of
office.

Art. 168. Office personnel. — The Jurisconsult may, in accordance

with the Civil Service Law and subject to the approval of the Supreme
Court, appoint and fix the compensation of such personnel as may be
necessary for the performance of his functions.

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 BOOK FIVE
Miscellaneous and Transitory Provisions

TITLE I
Muslim Holidays

Art. 169. Official Muslim holidays. — The following are hereby

recognized as legal Muslim holidays:

(a) 'Amun Jadid (New Year), which falls on the first day of the first
lunar month of Muharram;

(b) Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls

on the twelfth day of the third lunar month of Rabi-ul-Awwal;

(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the
Prophet Muhammad), which falls on the twenty-seventh day of the
seventh lunar month of Rajab;

(d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the
tenth lunar month of Shawwal, commemorating the end of the fasting
season; and

(e) 'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the
twelfth lunar month of Dhu 1-Hijja.

Art. 170. Provinces and cities where officially observed. — (1) Muslim
holidays shall be officially observed in the Provinces of Basilan, Lanao
del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan
Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del
Sur, and in the Cities of Cotabato, Iligan, Marawi, Pagadian, and
Zamboanga and in such other Muslim provinces and cities as may
hereafter be created.

(2) Upon proclamation by the President of the Philippines, Muslim

holidays may also be officially observed in other provinces and cities.

161
Art. 171. Dates of observance. — The dates of Muslim holidays shall
be determined by the Office of the President of the Philippines in
accordance with the Muslim Lunar Calendar (Hijra).

Art. 172. Observance of Muslim employees. — (1) All Muslim

government officials and employees in places other than those
enumerated under Article 170 shall also be excused from reporting to
office in order that they may be able to observe Muslim holidays.

(2) The President of the Philippines may, by proclamation, require

private offices, agencies or establishments to excuse their Muslim
employees from reporting for work during a Muslim holiday without
reduction in their usual compensation.

TITLE II
Communal Property

Art. 173. What constitute. — The following are communal properties:

(a) Customary heirloom, which shall include artifacts and ancestral

implements or things of cultural value handed down from a common
ancestor;

(b) Ancestral property, which shall comprehend hallowed ancestral

plot, ancestral shrine, royal court, and similar properties; and

(c) Charitable trust property.

Art. 174. Administration or disposition. — (1) Except as otherwise

provided in this Code, communal property shall be administered or
disposed of in accordance with Muslim law, 'ada, and special
provisions of law.

(2) Any provision of existing law to the contrary notwithstanding, the

trustee of any communal property shall be the person who is in lawful
possession thereof, either personally or through an agent.

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(3) The Shari'a Circuit Court may appoint a trustee of a communal
property when there is a dispute as to its custody, possession, or
administration.

TITLE III
Customary Contracts

Art. 175. How construed. — Any transaction whereby one person

delivers to another any real estate, plantation, orchard or any fruit-
bearing property by virtue of sanda, sanla, arindao, or similar
customary contract, shall be construed as a mortgage (rihan) in
accordance with Muslim law.

TITLE IV
Conversions

Art. 176. Effect of registration of conversion to Islam. — (1)

Registration of a person's conversion to Islam shall constitute a prima
facie proof that he professes Islam.

(2) Whoever disputes the profession or renunciation of Islam by any

person shall have the burden of proving the contrary.

Art. 177. Regulation on conversion. — No conversion of a minor

below the age of eighteen years shall be registered by the District or
Circuit Registrar without the written consent or permission of the
parents or guardian, except when such minor has been emancipated
from parental authority in accordance with law.

Art. 178. Effect of conversion to Islam on marriage. — The conversion

of non-Muslim spouses to Islam shall have the legal effect of ratifying
their marriage as if the same had been performed in accordance with
the provisions of this Code or Muslim law, provided that there is no
legal impediment to the marriage under Muslim law.

163
Art. 179. Effect of change of religion. — The change of religion by a
Muslim shall not have the effect of extinguishing any obligation or
liability whatsoever incurred prior to said change.

TITLE V
Penal Provisions

CHAPTER I
Rule of Bigamy

Art. 180. Law applicable. — The provisions of the Revised Penal Code
relative to the crime of bigamy shall not apply to a person married in
accordance with the provisions of this Code or, before its effectivity,
under Muslim law.

CHAPTER II
Specific Offenses

Art. 181. Illegal solemnization of marriage. — Any person who shall,

without authority, solemnize any marriage purportedly under this Code,
or shall do so in a manner contrary to the provisions thereof, shall be
punished by imprisonment of not less than two months but not more
than two years, or a fine of not less than two hundred pesos but not
more than two thousand pesos, or both, in the discretion of the court.

Art. 182. Marriage before expiration of 'idda. — Any widow or

divorced woman who, having been married under Muslim law or under
this code, contracts another marriage before the expiration of the
prescribed 'idda shall suffer the penalty of a fine not exceeding five
hundred pesos.

Art. 183. Offenses relative to subsequent marriage, divorce, and

revocation of divorce. — A person who fails to comply with the
requirements of Articles 85, 161, and 162 of this Code shall be
penalized by arresto mayor or a fine of not less than two hundred pesos
but not more than two thousand pesos, or both, in the discretion of the
court.
164
Art. 184. Failure to report for registration. — Except as provided in the
article immediately preceding, a person who knowingly fails to perform
his duty under this Code to report for registration any fact concerning
the civil status of persons shall be punished by a fine of not less than
one hundred pesos but not more than one thousand pesos.

Art. 185. Neglect of duty by registrars. — Any district registrar or

circuit registrar who fails to perform properly his duties in accordance
with this Code shall be penalized in accordance with Section 18 of Act
No.3753.

TITLE VI
Transitory and Final Provisions

Art. 186. Effect of code on past acts. — (1) Acts executed prior to the
effectivity of this Code shall be governed by the laws in force at the
time of their execution, and nothing herein except as otherwise
specifically provided, shall affect their validity or legality or operate to
extinguish any right acquired or liability incurred thereby.

(2) A marriage contracted by a Muslim male prior to the effectivity of

this Code in accordance with non-Muslim law shall be considered as
one contracted under Muslim law provided the spouses register their
mutual desire to this effect.

Art. 187. Applicability Clause. — The Civil Code of the Philippines,

the Rules of Court and other existing laws, insofar as they are not
inconsistent with the provisions of this Code, shall be applied
suppletorily.

Art. 188. Separability clause. — If, for any reason, any article or
provision of this Code is held to be invalid, the same shall not affect the
other articles or provisions hereof.

Art. 189. Repealing clause. — All laws, proclamations, executive

orders, rules and regulations, or any part thereof, inconsistent with
provisions of this Code are hereby correspondingly modified or
repealed.
165
Art. 190. Affectivity. — This Code shall take effect immediately.

DONE in the City of Manila this 4th day of February in the year of Our
Lord nineteen hundred and seventy-seven.

166
 References

Abdulrasak, Azizan. Introduction to Islamic Law and Jurisprudence.

MSU, Marawi City, Philippines, 1985.

Alauya , Saaduddin A. Fundamentals of Islamic Jurisprudence with

Appendix Islamic Penal Law. Manila, Philippines: Rex Book
Store, 1999.

Amin, Omar. Questions and Answers on Islamic Court Procedure and

Evidence.

Arabani, Bensaudi I., Sr. Commentaries on the Code of Muslim

Personal Laws of the Philippines with Jurisprudence and
Special Procedure. Manila, Philippines: Rex Book Store, 2011.

Benito, Talib A. Introduction to Islamic Legal Injunctions ( Al-Ahkam

as-Sha’iyyah). KFCIAAS, MSU, Marawi City, 2011.

Benito, Talib A. Shari’ah Court: Primer on its Rules of Procedures.

MSU, Marawi City, 2005.

Buat, Mohammad Musib M. Answers in the Shari’ah Bar Examination

in Islamic Inheritance Law. Diliman, Quezon City: UP-ISSI,
May 21, 2006.

Code of Muslim Personal laws of the Philippines known as PD 1083

Ronsing, Asnawil G. Islamic Law on Succession, Marawi City,

Philippines.

Sadain, Mehol K. Review Notes in Persons and family Relations,

Shari’ah Pre-Week Bar Review. Manila, Philippines: UP-ISSI,
June 21-24, 2011.

The Glorious Qur’an, English Translation.

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