1983 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) Explain the difference between Al-Mirath (Net Estate) and Tarikh (gross estate) in the
law of inheritance.

Answer:

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; while
Tarika (gross estate) refes to all of the persons properties rights and obligation of the deceased
prior to deduction the rights and claims attached to it (arabani,p.598, 2011 ed).

b) State the liens and charges attached to the estate of a decedent in in accordance with
Islamic Law and the Code of Muslim Personal Laws and explain briefly each of them.

Answer:

The following are the liens and charges attached to the estate of a decedent in accordance
with Islamic law:

a) Reasonable Funeral expenses. All money used in funeral shall be deducted to the estate
of the deceased.
b) The debt of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
c) 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.
d) 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.

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:

a) Unpaid taxes; those referred the tax required by the government to pay.
b) Reasonable funeral expenses; All money used in funeral shall be deducted to the estate
of the deceased.
c) 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;
d) The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
e) 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.
f) 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 (article 135, P.D.1083).

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 1

g) 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.

Answer:

Under the principle of extreme Islamic Law, a non-Muslim shall not inherit from his / her
spouse, but the code of Muslim Personal Laws shall, for equity and humanitarian consideration,
gives a third for the non-Muslim. Despite of the fact that she is a Christian wife or husband,
however by virtue by bequest by operation of law shall, her/his share shall be one-third of what
he or she would have received without such disqualification.

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.

Answer:

Under the provision of the code of Muslim Personal Laws which substantially 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. 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).

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.

Answer:

F M W
R 1/3(Ri) ¼
3 1/3(3) ¼
2/4 1/4 ¼
Therefore:
F= 2/4 (120,000) = P60,000.00
M= 1/4 (120,000) = P 30,000.00
W= 1/4 (120,000) = P 30,000.00
P 120,000.00

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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.

Answer:

F M H
R 1/3(Ri) ½
½ 1/3(1/2) ½
2/6 1/6 3/6

Therefore:
F= 2/6 (160,000) = P53,333.00
M= 1/6 (160,000) = P 26,667.00
H= 3/6 (160,000) = P 80,000.00
P 120,000.00

In the two problems above stated, briefly explain your solutions by discussing the
applicable rules in the Muslim Code of Islamic Jurisprudence.

Answer:

The two mentioned problem mentioned are referred to us as Umaryatan case wherein the
only heirs is the parents of the deceased together with his/her spouse. It was named after caliph
Umar decided the case. The law says that, a portion of male must be double of that female. If we
apply the rule in which their regular share will be given to them, the mother will get a higher
share than the father. Thus, it violates the rule that, a male shall have a double share than female.

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?

Answer:

The following are the legal heirs of the decedent;

a) mother

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b) wife
c) grandson
2.) What is the basis of their right to inherit from the decedent?

Answer:

The basis of their inheritance is that they are all sharer which the law itself fix their
corresponding share to the estate of the decedent. Thus, the mentioned heir cannot applied to
them the principle of exclusion.

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

Answer:

The following are those qualified to inherit:

a) mother
b) wife
c) grandson
the following are those disqualified to inherit:

a) step father
b) uterine brother
c) uterine sister
d) full brother
e) full sister

4.) Give the corresponding shares of those who are entitled to inherit from the decedent.

Answer:

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 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 4

Answer:

Step 1.
P 1,000,000.00
- P200,000.00
P 800,000.00

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

Therefore, the wife will get P 200, 000.00 on the basis that under the provision of Muslim
Personal laws which substantially provides that, the wife surviving together with a legitimate
child or child of the decedent’s son shall be entitled to one-eighth of the hereditary estate; in the
absence of such descendants, she shall inherit one- fourth of the estate.

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

Answer:

The residue will be given to wife since there are no other heirs. Therefore, the wife will
get all the estate of the deceased person.

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 (article
130, P.D. 1083).

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?

Answer:

The following are entitled to inherit:

a) brother
b) Sister

Under the law which 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. However, the provision of the next succeeding article notwithstanding, the full
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 5
brother shall, if nothing is left for him after the distribution of the shares and he survives with
uterine brothers, participate with the latter in the one-third hereditary per capita.

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

Answer:

B S

R
2/3 1/3

3.) State the rule on the period of pregnancy (mudat-ul-hamel) in relations to the unborn
(posthumous) child.

Answer:

Under Islamic law, the rule on the period of pregnancy, the shortest period is held to be of
six months and the maximum period of pregnancy according to the modern generation, is nine
months. However, there are differences of opinion among the four orthodox schools of law.
According to Imam Malik, Imam Shafii and Imam hanbal, the maximum period of pregnancy is
four years. Their view is based from some cases like that of a woman of ajlan tribe who have
remained pregnant for four years but according to Imam Hanafi, the longest period is two years.
His view is based on the saying of hazrat Aisha, viz; the child does not stay in the womb of the
mother a moment later than two years. In relation with this, under the provision of P.D.1083
which substantially provides that, 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.

7. a) State the essential elements for the validity of a will (wasiya) under Islamic Law.

Answer:

The following are the essential elements for the validity of a will (wasiya) under Islamic
law:
a) 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;
b) It must be made freely and voluntarily and not in jest or under compulsion, threat,
duress or intimidation;
c) 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;
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d) The testator at the time of making the will must have the properties over which he can
exercise control; and
e) 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?

Answer:

An aborted child under Islamic law cannot inherit from the decedent. In the first place he
is not alive. The law substantially provides that, Birth determines personality but the conceived
child shall be considered born for all the purpose 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.

Answer:

Under Islamic law, a fine or compensation arising from like Diyat shall be given to the
relatives of the deceased by blood. The spouses are not entitled therefrom being only relative by
affinity. Their corresponding share shall be divided depending on their agreement.

8. a) What is the distinction between an acknowledge child and an acknowledge kinsman in

terms of successional rights?

Answer:

Acknowledge child 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 thus retracted the charge of
adultery to his wife; whereas, Acknowledge kinsman 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?

Answer:

Yes. A disavowed child can inherit to his natural father after the latter acknowledge him
as his son. Under Islamic law, it is called as direct acknowledgement. The acknowledge 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 change of adultery against the mother of
the disavowed child?

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 7

Answer:

The rule when the father retracts his change 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.

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

Answer:

The legal status of the child is that, he become a legal heirs of his father on the ground
that the father acknowledge him as his own child and retracted his charge of adultery to his wife.

9. A person who is in a state of death or 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.

Answer:

No. she will not inherit from the husband in the sense that the husband was not died
during when his in a condition of death-illness. Secondly, she contracted a another marriage
which make their mutual rights of inheritance be extinguish.

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

Answer:

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 iddah, 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(article60-61,P.D.1083).

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.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 8

No. the husband could not inherit to 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, divorces his wife shall not inherit from her, but she shall have the right to succeed him
even after the expiration of iddah (article 96, P.D.1083).

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.

Answer:

As a counsel, I will advise him to notify the court of such fact. So that, he can get a death
certificate. Under the law which 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 to the estate of the deceased person 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 thus ten years refer to the period of waiting in order for the heirs to
notify the court of such, the court may issue the corresponding death certificate in order that the
property or estate may be transmitted to him.

1987 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. Define:

a) Succession

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 9

Answer:
Succession is a mode of acquisition by virtue of which the estate of a person is
transmitted to his in accordance with this code (p.d. 1083, art.89)
b) Wills

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 (art.
101, P.D.1083).

c) Explain the difference between estate (Tarikah) and inheritance (Mirath).

Answer:

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; 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(arabani,p.598, 2011 ed).
.

2. Enumerate the disqualifications to succession.

Answer:

The following shall be disqualified to succeed:

(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 (article 93,
P.D.1083).

3. a) What are the claims and charges that should be applied to the estate of a decedent?

Answer:

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:

a) Unpaid taxes; those referred the tax required by the government to pay.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 10

b) Reasonable funeral expenses; All money used in funeral shall be deducted to the estate
of the deceased.
c) 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;
d) The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
e) 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.
f) 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 (article 135,
P.D.1083).

b) Are the claims and charges that should not be applied to the said estate? Give examples.

Answer:

The claims and charges that should not be applied to the said estate are as follows:

a) Expenses which are not reasonable for funeral expenses.

b) Money loan with interest.
c) a will more than 1/3 of the state unless ratified by heirs
d) all other property which is acquired from haram

4. a) What are the qualifications of s testator or capacity to make a will?

Answer:

Pursuant to the provision of 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 (article 105, P.D.1083).

b) What is the philosophy behind the authority to make a will granted to the testator?

Answer:

The philosophy behind the authority to make a will granted to the testator is that it is a
divine institution, since it exercise 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 (arabani,2011ed,p. 631).

5. a) What is the testamentary waqf?

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 11

Under the law, testamentary waqf is and endowment for Islamic purposes to take effect
after the death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary disposition
(article 104, P.D.1083)

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

Answer:

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
(article 108, P.D.1083).

6. a) What is reversion?

Answer:

Reversion (radd) literally means to return. Technically, in the Muslim law on succession,
it is a process wherby 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 (arabani,2011ed,p.
732).

b) State the conditions under which it may be applied in Succession.

Answer:

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 (article
130, P.D. 1083).

7. 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?

Answer:

The following are entitled to inheritance as sharers:

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, consanguine sister, uterine sister and the uterine brother

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 12

The following are entitle to 1/3 of the shares

a) The mother
b) 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?

Answer:

Step 1.

D W GF FB
½ 1/8 1/6 (R) R
12/24 3/24 4/24 5/24

Step 2.

D W GF FB

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

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

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

8. a) Define residuary heirs.

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Answer:

Residuary heirs are the heirs who are related to the dceased 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 in accordance with the following article (Article
124,P.D. 1083).

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

Answer:

The law substantially provides that, any residue left after the distribution of the shares of
the sharers shall be partitioned among the residuary heirs in accordance with the following
article. 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.(Article 124,P.D. 1083).

9. 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?

Answer:

F W MS Fbro( GPU) M

R ¼ excluded excluded 1/3 (Ri)

¾ ¼ 1/3 (3/4)

2/4 ¼ ¼

Therefore;

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

W = ¼ (P 120,000) = P 30,000.00

M = ¼ (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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 14

Answer:

The following are those who can inherit:

a) Father; because he is a sharer and cannot be excluded by any one and his share was
fixed in the holy Qur’an.
b) 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
c) 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.

10. a) Enumerate the heirs, the shares whom is one over six (1/6) each. Explain briefly.

Answer:

The heirs who are entitled to the hereditary estate of one over six (1/6) are as follows:

a) Father; if the father survives with his child or children, her share is sixth.
b) 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.
c) 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.
d) 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.
e) 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.
f) Uterine sister; when she does not survive with her own sisters (i.e. another uterine
sister/s) or uterine brother
g) 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?

Answer:

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 which pertains to him if he was alive. The share of
daughter, who is a sister of son, will not be included since that share is not part of the estate of
the son.Illustration:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 15

Estate: P 600,000.00

Step 1.
S D

R
2/3 1/3 = 3/3
Therefore:

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

½ R

½ ½

Estate: P 400,000.00

Therefore:

Germane sister = ½ ( P 400,000.00) = P 200, 000.00

Paternal Consanguine Uncle = ( P 400,000.00) = P 200,000.00

1993 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) Define or explain the following terms:

a) Succession

Answer:
Succession is a mode of acquisition by virtue of which the estate of a person is
transmitted to his in accordance with this code (p.d. 1083, art.89)
b) Wills
Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 16

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 (art.
101, P.D.1083).
c) Testamentary waqf (waqf-bil-wasiya)

Answer:
Testamentary waqf is and endowment for Islamic purposes to take effect after the
death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary disposition
(article 104, P.D.1083)

b) What are the essential elements (rukun) of succession? Discuss briefly the requisites or
conditions of each element.

Answer:

The following are the essential elements of succession:

a) The existence of the decedent; those if there is a person who died.

b) Presence of heirs; there must be a persons, who is related to him either by affinity and
consanguinity provided they are not disqualified by law to inherit; and
c) Property or Estate of the decedent, those referred to the property where by the heirs are
entitled to inherit.

2. a) Reconcile the order of preference of claims to the estate under Islamic law and Article
135 of Presidential Decree No, 1083.

Answer:

The following are the liens and charges attached to the estate of a decedent in accordance with
Islamic law:

a) Reasonable Funeral expenses. All money used in funeral shall be deducted to the estate
of the deceased.
b) The debt of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
c) 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.
d) 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.

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:

a) Unpaid taxes; those referred the tax required by the government to pay.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 17

b) Reasonable funeral expenses; All money used in funeral shall be deducted to the estate
of the deceased.
c) 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;
d) The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
e) 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.
f) 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 (article 135, P.D.1083).

Therefore, when we reconcile the two, we can derived four order of preference of claims
such as those mentioned in the rights and claims in accordance with Islamic law 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.

b) Define or explain al-Tarikah and al-Mirath and distinguish each from the other.

Answer;

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; while
Tarika (gross estate) refes to all of the persons properties rights and obligation of the deceased
prior to deduction the rights and claims attached to it (arabani,p.598, 2011 ed).

3. a) What are the impediments or disqualifications to inherit under Presidential Decree

No. 1083? Discuss each briefly.

Answer:

The impediments or disqualifications to inherit under Presidential Decree No. 1083 are as
follows:

a) 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.
b) 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.
c) 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. ( arabani,2011 ed.p.604-608).

b) Generally, an apostle (murtad) cannot inherit. Give an instance where an apostate may
inherit.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 18

Answer:

Generally, under Islamic law, an apostate cannot inherit under Islamic law since
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, an apostate 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 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).

4. 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.

Answers:

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.

Answers:

The following are not entitled to inherit:

a) Father’s father ; due to the presence of the father, he is totally excluded from the
inheritance.
b) Mother’s mother ; thus the presence of the mother, she is totally excluded from the
inheritance due to the fact that nearest in degree exclude the more remote.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 19

c) Uterine Sister; when the father is present all the collateral lines are totally excluded.
d) Uterine brother; when the father is present all the collateral lines are totally excluded.
e) Adopted son
c) Compute and give the shares of those entitled to inherit in terms of Philippine money.

Answer:

Estate:
P 740,000.00
- P 20,000.00
P 20,000.00
P 10,000.00
P 15,000.00
P 675,000.00 (mirath)

W F M D SD
1/8 1/6+R 1/6 ½ 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

5. 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.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 20

The following are the entitled from the estate of Mohammad are rakma, Mohammad’s
wife and latipa, his daughter.

W D
1/8 ½
1/8 4/8
1/8 7/8
b) Who are entitled to inherit from the estate of Zaid? Compute and give their respective
shares.

Answer:

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 ½ ¼
4/12 6/12 3/12
4/13 6/13 3/13

6. a) What are the different modes of succession in the light of Presidential Decree No.
1083? Discuss each mode briefly.

Answer:

The different modes of succession in the light of P.D. 1083 are as follows:

a)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 his death,
his property shall thus be disposed according to his will.
b) 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.
c) 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 (arabani,2011 ed.p 629).

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 21

b) State the order of succession under the Presidential Decree No. 1083. Discuss each
briefly

answer:

Order of succession under P.D. 1083 are as follows:

a) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
b) 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.
c) In the absence of the foregoing, the Distant kindred; those who are excluded as sharer
due to their female link;
d) in default of the above, the acknowledge kinsman, universal legatee, or public
treasury,in that order.

7. 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.

Answer:

Step 1.
H M 2UB GB
½ 1/6 1/3 R
3/6 1/6 2/6 0

Step 2.

H M 2UB GB
½ 1/6 R
[3/6 1/6 2/6] 3/3
9/18 3/18 6 /18

Therefore:
H = 9/18 (P 100,000.00) = P 50,000.00
M = 3/18 (P 100,000.00) = P 16,666.67

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 22

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

b) Enumerate the different kinds or classes of residuaries in their own right(asba-bin-nafs)

Answer:

The following are the different kind or classes of residuaries 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.

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

Answer:

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 (article 92, P.D.1083).

b) Give at least two examples of transmissible rights and obligations of a deceased person.
Discuss each briefly.

Answer:

Examples of transmissible rights and obligations of a deceased person are:

a) 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 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.
b) property rights; those refer to the property of the deceased that subject to the
inheritance.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 23

9. a) May a will, holographic or formal, pass any proper without being probated in
accordance with law? Discuss briefly your answer.

Answer:

No. will, holographic or formal could not pass any proper without being probated in
accordance with law under the law which 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 (art.103, P.D.1083).

b) If a will is probated during the lifetime of the testator, is it necessary probate it again
after the death of the testator?

Answer:

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 alter by the person handling
thereof.

1991 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) What are the essential elements (rukun) of inheritance and explain each briefly?

Answer:

The essential elements (rukun) of inheritance are the following:

a) Decedent; there must be a person who died.

b) Heirs; there must a legal heirs of the decedent who is entitled to the property left by the
decedent and not disqualified by law.
c) Property; those referred to the property to the property left by the decedent which is to
be divided to his heirs.

b) What are the essential conditions or requisites (surut) of inheritance and explain briefly?

Answer:

The essential conditions or requisites (surut) of inheritance are as follows:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 24

a) The death of the decedent is ascertained; it must be prove that the decedent is actually
or presumptively died. In case of presumptive death, there must be a death certificate.
b) The successor must be alive at the time of the death of the decedent;
c) The successor must not be disqualified to inherit.( art.93, P.D.1083).

c) Distinguish the two concepts.

Answer:

The distinction between the two concept is that, in the absence of one of the essential
elements, the distribution or partition of the estate become null and void while in the absence of
one of the essential conditions or requisites it will fall under irregular partition.

2. State the five (5) charges or liens on the estate of the decedent (al-murath) in the order of
their preference and explain each briefly.

Answer:

a) Reasonable funeral expenses; All money used in funeral shall be deducted to the estate
of the deceased.
b) 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;
c) The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
d) 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.
e) 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 (article 135, P.D.1083).

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

Answer:

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 (art. 96. P.D.1083).

4. State the rule adopted in the Muslim Code in making provisions for the successional
rights of a non-Muslim spouse, parent or descendant. Illustrate or give an example.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 25

Under the provision of the code of Muslim Personal Laws which 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 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).

5. a) What is meant by total and partial exclusion? Explain each briefly.

Answer:

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 (arabani 2011 ed.,p.708).

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

Answer:

The following are cannot be totally excluded:

a) husband
b) Wife
c) Son;
d) Daughter
e) Father
f) Mother

6. Give the three (3) general classifications of heirs and enumerate those falling under each
category.

Answer:

a) Testamentary heirs which consist of legatee and universal legatee.

b) Legal heirs consist of the sharers, residuaries, distant kindred, acknowledge kinsman,
and the public treasury.
c) Mixed heirs, those when the decedent left a will and have a surviving heirs.

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

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 26

1/6 ½ 2/3 ¼ 1/3 1/8
Father Husband Daughter Husband Father
wife
Mother Daughter Son’s daughter wife Mother

True grandfather Son’s daughter Germane sister Uterine

brothers

True Germane sister Consanguine Uterine sisters

grandmother sister

Son’s daughter Consanguine sister

Uterine brother
Uterine sister

8. State the three (3) categories of residuary heirs (asabah) and the classes of heirs falling
under each category under the Muslim Code.

Answer:

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;
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.
9. 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.

Answer:

M 2GS
1/6 2/3
1/6 4/6
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 27
1/5 4/5

Therefore:

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

GS1 = 2/5 (P 120,000.00) = P48, 000.00
GS2 = 2/5 (P 120,000.00) = P48, 000.00

10. Kiram died intestate. He left the following properties, to wit; house and lot valued at
P300,000.00; brand new car valued at 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.

Answer:

2S M W Estate:
R 1/6 1/8 P 300,000.00(house and lot)
P 200,000.00 (new car)
[17/24` 4/24 3/24] 2/2 P 100, 000.00(fruit orchard)
P 50, 000.00( furniture)
34/48 8/48 6/48 - P 550,000.00
P 215,000.00 (debts)
Therefore: P 335,000.00
S1= 17/48 ( P 335,000) =P 118,645.83
S2= 17/48 ( P 335,000) = P 118,645.83
M = 8/48 ( P 335,000) = P 55,833.33
W = 6/48 ( P 335,000) = P 41,875.00
D = Fort fiera

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

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 28

Upon adding all the estate of the decedent, we will deduct the share of the wife since, she
disagree with the request of the daughter. Thus,

2S M Estate:
R 1/6 P 300,000.00(house and lot)
P 200,000.00 (new car)
[5/6 1/6]2/2 P 100, 000.00(fruit orchard)
P 45,000.00(fort fiera)
10/12 2/12 P 50, 000.00( furniture)
- P 595,000.00
P 215,000.00 (debts)
Therefore: P 380,000.00

S1= 5/12 ( P 332,000) =P 113,541.625

S2= 5/12 ( P 332,000) = P 113,541.625
M = 2/12 ( P 335,000) = P 55,416.67
W = 1/8 ( P 335,000) = P 47,5000.00
D = Fort fiera

1995 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) Define and explain the following terms:

a) Succession

Answer:
Succession is a mode of acquisition by virtue of which the estate of a person is
transmitted to his in accordance with this code (p.d. 1083, art.89)
b) Wills
Answer:
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 (art.
101, P.D.1083).
c) Testamentary waqf (waqf-bil-wasiya)

Answer:
Testamentary waqf is and endowment for Islamic purposes to take effect after the
death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary disposition
(article 104, P.D.1083)

b) What are the essential elements (rukn) of succession? Explain each briefly

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 29

Answer:

The following are the essential elements of succession:

a) The existence of the decedent; those if there is a person who died.

b) Presence of heirs; there must be a persons, who is related to him either by affinity and
consanguinity provided they are not disqualified by law to inherit; and
c) Property or Estate of the decedent, those referred to the property where by the heirs are
entitled to inherit.

2. a) What are the sources of the inheritance under Islamic Law? Explain each briefly

Answer:

The following are the sources of the inheritance under Islamic law:

a) The Holy Qur’an; those the shares of the legal heirs was fixed in the revealed books
specially the sharers.
b) Hadith; those refer to the saying of the prophet with regard to inheritance. For example
is the saying of the prophet that, no will to an heir.
c) Ijma-al-Ummah; those refer to the consensus of the jurists when there is no applicable
rule express in the foregoing sources.
d) 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.

Answer:

The following are among the reason why under Islamic law why a male inherit double
the share of female;

a) 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.
b) 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.
c) Male are oblige to support his sister should their marriage was dissolved.

3. a) What are the impediments or disqualification to inherit under Presidential Decree No.
1083? Explain each briefly

Answer;
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 30
The impediments or disqualifications to inherit under Presidential Decree No. 1083 are as
follows:

a) 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.
b) 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.
c) 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. ( arabani,2011 ed.p.604-608).

b) May an apostate (murtad) inherit from the deceased Muslim relatives? If so, what
instance? Discuss briefly your answer.

Answer:

Generally, under Islamic law, an apostate cannot inherit under Islamic law since
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, an apostate 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 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).

4. a) A wife leaving an estate of P600,000.00. At the time of her death, she was survived by
her husband, father and mother. Compute and give their respective shares.

Answer:

F M H
R 1/3(Ri) ½
½ 1/3(1/2) ½
2/6 1/6 3/6
Therefore:
F = 2/6 ( P600,000.00) = P 200,000.00
M = 1/6( P600,000.00) = P 100,000.00
H = 3/6 ( P600,000.00) = P 300,000.00

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 31

b) A husband died leaving an estate worth P600,000.00. At the time of his death, he was
survived by his wife, father and mother. Compute and give their respective shares.

Answer:

F M W
R 1/3(Ri) ¼
3 1/3(3) ¼
2/4 1/4 ¼
Therefore:
F = 2/4 ( P600,000.00) = P 300,000.00
M = ¼ ( P600,000.00) = P 150,000.00
W = ¼ ( P600,000.00) = P 150,000.00

5. 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.

Answer:

Step 1.
H M 2UB GB
½ 1/6 1/3 R
3/6 1/6 2/6 0

Step 2.

H M 2UB GB
½ 1/6 R
[3/6 1/6 2/6] 3/3
9/18 3/18 6 /18

b) May a walad-ul-zina inherit from his natural father? Explain briefly your answer.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 32

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.

6. a) Enumerate the different classes or kinds of residuaries in their own right (asaba-bil
nafs)

Answer:

Residuary in their own right are as follows:

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) Who are the residuaries in another’s right (asaba-bil-ghair)?

Answer:

Residuary in another’s right are as follows:

a) Daughter’s surviving with the son of the decedent;
b) Son’s daughter surviving with their own brothers;
c) Full sisters surviving with their full brothers; and
d) Consanguine sisters surviving with their consanguine brothers

7. a) What are the different modes of succession under Presidential Decree No. 1083?
Explain each mode briefly.

Answer:

The different modes of succession in the P.D. 1083 are as follows:

a)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 his death,
his property shall thus be disposed according to his will.
b) 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.
c) 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

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 33

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 (arabani,2011 ed.p 629).

b) State the order of succession under Presidential Decree No. 1083. Explain briefly.

Answer:

Order of succession under P.D. 1083 are as follows:

a) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
b) 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.
c) In the absence of the foregoing, the Distant kindred; those who are excluded as sharer
due to their female link;
d) in default of the above, the acknowledge kinsman, universal legatee, or public
treasury,in that order.

8. a) What are the essential elements (rukn) of a will (wasiya)? Explain each briefly.

Answer:

The essential elements (rukn) of a will (wasiya) are as follows:

a) 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;
b) It must be made freely and voluntarily and not in jest or under compulsion, threat,
duress or intimidation;
c) It must be made in a manner and form which sufficiently and clearly show the
intention of the testator regarding his desire to bequeath by will;
d) The testator at the time of making the will must have properties over which he can
exercise control; and
e) It must be made in the presence of at least two competent, credible and disinterested
witnesses

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

Answer:

Kinds of will (wasiya) under Presidential Decree No. 1083 are as follows:

a) 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 atleast two competent adult
Muslim male witnesses.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 34

b) 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 atleast two competent, credible and disinterested adult
male witnesses.
c) Holographic will, the term holographic will is described in the following provision of
the civil code, a suppletory law to the Musllim code, as follows: “ a person may execute a
holographic will which must be entirely written, dated and signed by the hand of the testator
himself. It is subject to no other form, amd 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 atleast two competent, credible and disinterested adult male witnesses (arabani
2011 ed.p.640).

9. 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.

Answer:

W M 2D Al-khunta

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

W M 3D

1/8 1/6 2/3

3/24 4/24 16/24

Step 2.
M 3D

1/6 2/3

1/6 4/6

1/5 4/5

Step 3.
W M 3D

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 35

1/8(5/5) 1/5 (7/8) 4/5(7/8)
[5/40 7/40 28/40]3/3
15/120 21/120 84/120

Step 4.
Presume 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

Therefore:

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

10. 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?

Answer:

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.

Answer:

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

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 36

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.

1999 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. 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.

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

[3/24 13/24 4/24 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

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 [3/3] = 21/2016 +21/2016 + 21/2016

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 37

42/2016 [3/3] = 42/6048 + 42/6048 + 42/6048

Muslim wife = 21/672 [9/9] +42/ 6048 = 189/6048 + 42/ 6048

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 if she is a Muslim.

2. 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.

Answer:

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.

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.

3. a) State the five (5) charges or liens to the estate of the decedent (al-murath) under
Islamic law in the order of their preference and explain each briefly.

Answer:
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 38
The five (5) charges or liens to the estate of the decedent (al-murath) under Islamic law in
the order of their preference are as follows:

a) Reasonable funeral expenses; All money used in funeral shall be deducted to the estate
of the deceased.
b) 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;
c) The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
d) 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.
e) 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 (article 135, P.D.1083).

b) Give your comments with respect to the order of preference of claims under Article 135
of the Muslim Code in relation to Islamic law.

Answer:

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 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.

4. a) Give the four (4) impediments or disqualification to inheritance (mawani-ul-irth)

under Islamic law and explain each briefly.

Answer:

The impediments or disqualifications to inherit under Presidential Decree No. 1083 are as
follows:

a) 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.
b) 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.
c) Apostasy; those if a person is professing a religion of Islam but change his religion to
another.
d) 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. ( arabani,2011 ed.p.604-608).

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 39

b) State the rule under Article 93 of the Muslim Code (PD1083) on the disqualification to
succeed. 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.

Answer:

The following shall be disqualified to succeed:

(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 (article 93,
P.D.1083).

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 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).

5. Give three (3) general classifications of heirs and enumerate those falling under each
category.

Answer:

a) Testamentary heirs which consist of legatee and universal legatee.

b) Legal heirs consist of the sharers, residuaries, distant kindred, acknowledge kinsman,
and the public treasury.
c) Mixed heirs, those if the decedent left a will and have a surviving heirs.

6. a) Give the essential elements (arkhan) and requisites (surut) of wasiya (will/bequest)
under Islamic law.

Answer:

The essential elements (rukn) of a will (wasiya) are as follows:

a) 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;
b) It must be made freely and voluntarily and not in jest or under compulsion, threat,
duress or intimidation;
c) It must be made in a manner and form which sufficiently and clearly show the
intention of the testator regarding his desire to bequeath by will;

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 40

d) The testator at the time of making the will must have properties over which he can
exercise control; and
e) It must be made in the presence of at least two competent, credible and disinterested
witnesses

the requisites of wasiya under Islamic law are as follows;

a) offer of the testator

b) acceptance of the legatee
c) shall take effect after the death of testator

b) Are there formal requisites for the validity of a will by a Muslim under Islamic law?
Explain briefly.

Answer:

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 (arabani, 2011 ed.p.632.)

7. a) What are the essential elements of inheritance (arkhanui-mirath) and explain each
briefly.
Answer:

The essential elements (rukun) of inheritance are the following:

a) Decedent; there must be a person who died.

b) Heirs; there must a legal heirs of the decedent who is entitled to the property left by the
decedent and not disqualified by law.
c) Property; those referred to the property to the property left by the decedent which is to
be divided to his heirs.
b) What are the essential conditions or requisites (surut al mirath) of inheritance and
briefly explain each.

Answer:

The essential conditions or requisites (surut) of inheritance are as follows:

a) The death of the decedent is ascertained; it must be prove that the decedent is actually
or presumptively died. In case of presumptive death, there must be a death certificate.
b) The successor must be alive at the time of the death of the decedent;
c) The successor must not be disqualified to inherit.( art.93, P.D.1083).
c) Distinguish the two (2) concepts.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 41

Answer:

The distinction between the two concept is that, in the absence of one of the essential
elements, the distribution or partition of the estate become null and void while in the absence of
one of the essential conditions or requisites it will fall under irregular partition.

8. 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.

Answer:

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

H GB US CB

½ R 1/6 excluded

3/6 2/6 1/6

Therefore:

H = 3/6 ( P140,000.00) = P 70,000.00

GB = 2/6 ( P140,000.00) = P 46,666.66

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

9. 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.

Answer:

Step 1.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 42

WC F M FB FS

W S F FB FS

1/8 R 1/6 excluded

3/24 17/24 4/24

Step 2.

W D F FB FS

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

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

3/24 12/24 9/24

Thus, if the sex of the posthumous child cannot be determined, whatever is lesser share,
considering him as son and daughter shall be reserved.

10. 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.

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 extinguished. Therefore the only left legal heir of
Abdullah are his son, Hamza and his father, Omar because his full brother will be excluded.
Thus:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 43

Hamza = R = P 60,000.00

2001 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) What does inheritance include under the Muslim Code (P.D. 1083)?

Answer:

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 (article 92, P.D.1083).

b) Give at least two (2) examples of transmissible rights and obligations of a deceased
person. Explain each briefly.

Answer:

Examples of transmissible rights and obligations of a deceased person are:

a) 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 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.
b) Property rights; those refer to the property of the deceased that subject to the
inheritance.

2. a) What are the causes of inheritance under Islamic Law? Discuss each briefly.

Answer:

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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 44

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 (Moctar, Haron factsheets,p.34)

b) What are the underlying reasons under Islamic Law why a male inherit double the share
of a female?

Answer:

The following are among the reason why under Islamic law why a male inherit double
the share of female;

a) 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.
b) 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.
c) Male are oblige to support his sister should their marriage was dissolved.

3. a) What are the impediments or disqualifications to inherit under P.D. 1083? Discuss
each briefly.

Answer:

The impediments or disqualifications to inherit under Presidential Decree No. 1083 are as
follows:

a) 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.
b) 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.
c) 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. ( arabani,2011 ed.p.604-608).

b) As a rule, an apostate cannot inherit under Islamic law. What is the exception, if there is
any? Support your answer.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 45

Generally, under Islamic law, an apostate cannot inherit under Islamic law since
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, an apostate may inherit from his Muslim
relatives. The law substantially 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. 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).

4. 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.
Answer:

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.

Answer:

W F M D SD estate:

1/8 1/6+R 1/6 ½ 1/6 P 335,000.00

P 20,000.00
3/24 4/24 4/24 12/24 4/24 =24/27 P 10,000.00
P 15,000.00
3/27 4/27 4/27 12/27 4/27 P 300,000.00

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

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 46

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

5. a) When is the right to inheritance deemed transmitted to the heir or heirs of the
decedent? Explain briefly.

Answer:

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 (art. 90, P.D.1083)

b) 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.

Answer:

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.

6. a) What are the different modes of succession in the light of P.D. 1083. Explains each
briefly.

Answer:

The different modes of succession in the light of P.D. 1083 are as follows:

a)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 his death,
his property shall thus be disposed according to his will.
b) 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.
c) 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 (arabani,2011 ed.p 629).

b) State the order of succession under P.D. 1083. Explain each briefly.

Answer:

Order of succession under P.D. 1083 are as follows:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 47

a) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
b) 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.
c) In the absence of the foregoing, the Distant kindred; those who are excluded as sharer
due to their female link;
d) in default of the above, the acknowledge kinsman, universal legatee, or public
treasury,in that order.

7. 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.

Answer:

4W 2S 2D

1/8 R

[1/8 7/8] 4/4

[4/32 28/32]6/6

a)
4W = 24/192 (P 240,000) = P 30,000.00/4 = P 7,500.00 each of the wife.

2S = 112/192 (P 240,000) = P 140,000.00/2 = P 70,000.00 each of the son

2D = 56/ 192 (P 240,000) = P 70,000 /2 = P 35, 000.00 each of the daughter.

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.

Answer:

No. In the case of the wife, their share will become greater in the that, instead of P
7,500.00, it will become P 10,000.00

8. a) What are the different kinds or classes of residuaries in their own right? Give each
example.

Answer;

The different kinds or classes Residuary in their own right are as follows:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 48

a) Male descendants of the decedent in the direct line; e.g. son
b) Male Ascendants of the decedent in the direct line; e.g. father
c) Full- blood or consanguine brother of the decedent and their male descendants,
however distant in degree; e.g. germane brother
d) Full- blood or consanguine paternal uncles of the decedent and their male descendants,
however distant in degree.

b) What are the different kinds or classes of residuaries in another’s right? Give each an
example

Answer:

The different kinds or classes of Residuary in another’s right:

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

b) Son’s daughter surviving with their own brothers;
c) Full sisters surviving with their full brothers; and
d) Consanguine sisters surviving with their consanguine brothers.
9. a) In what instance or instances, if any, may a testator give by will all of his property?
Explain briefly.

Answer:

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.

Answer:

The testator cannot bequeath or devises a property which does not belong to him. In fact,
one of the essential elements of inheritance either by the operation of the law or by will is that,
the testator must have a property of his own.

10. 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.
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 49
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.

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 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 50

2003 SHARI’AH BAR EXAMINATIONS ON
SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) Define or explain the following terms:

a) Wills
Answer:
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 (art.
101, P.D.1083).
b) Testamentary waqf (waqf-bil-wasiya)

Answer:
Testamentary waqf is and endowment for Islamic purposes to take effect after the
death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary disposition
(article 104, P.D.1083)

b) What are the essential elements (rukn) of succession?

Answer:

The following are the essential elements of succession:

a) The existence of the decedent; those if there is a person who died.

b) Presence of heirs; there must be a persons, who is related to him either by affinity and
consanguinity provided they are not disqualified by law to inherit; and
c) Property or Estate of the decedent, those referred to the property where by the heirs are
entitled to inherit.

2. a) What are the causes of inheritance under Islamic Law? Discuss briefly.

Answer:

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 (Moctar, Haron factsheets,p.34)

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 51

b) What are the underlying reasons under Islamic Law, why a male inherits double the
share of a female?

Answer:

The following are among the reason why under Islamic law why a male inherit double
the share of female;

a) 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.
b) 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.
c) Male are oblige to support his sister should their marriage was dissolved.

3. Musa died leaving 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 P10,000.00 and
P15,000.00 was spent for his funeral.
a) Who are the heirs entitled to inherit and those are entitled? Give the grounds.

Answer:

The following are entitled to inherit:

a) wife
b) Father
c) Mother
d) Daughter
e) Son’s daughter

The following are not entitled to inherit:

a) Father’s father ; due to the presence of the father, he is totally excluded from the
inheritance.
b) Mother’s mother ; thus the presence of the mother, she is totally excluded from the
inheritance due to the fact that nearest in degree exclude the more remote.
c) Uterine Sister; when the father is present all the collateral lines are totally excluded.
d) Uterine brother; when the father is present all the collateral lines are totally excluded.
e) Adopted son

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

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 52
Answer:
Answer:

Estate:
P 740,000.00
- P 20,000.00
P 20,000.00
P 10,000.00
P 15,000.00
P 675,000.00 (mirath)

W F M D SD
1/8 1/6+R 1/6 ½ 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

4. a) What are the different modes of succession in the light of P.D. 1083. Explain each
briefly.

Answer:

The different modes of succession in the light of P.D. 1083 are as follows:

a)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 his death,
his property shall thus be disposed according to his will.
b) 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 53

c) 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 (arabani,2011 ed.p 629).

b) State the order of succession under P.D. 1083. Explain each briefly.

Answer:

Order of succession under P.D. 1083 are as follows:

a) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
b) 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.
c) In the absence of the foregoing, the Distant kindred; those who are excluded as sharer
due to their female link;
d) in default of the above, the acknowledge kinsman, universal legatee, or public
treasury,in that order.

5. a) Enumerate the Qur’anic heirs (Ashab-ul-furud) and give their respective shares in
accordance with the Holy Qur’an.

Answer:

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

a) The husband, if he survive with a child or children of the deceased, he is entitle to forth
otherwise, a half;
b) The father is entitled to one sixth
c) The grandfather also entitled to one sixth should he survive without the father.
d) The wife, when the deceased leave no child, there share is fourth, but if he leave a
child, she shall get an eight.
e) The daughter. If two or more, there share is two-thirds of inheritance; if only one, her
share is a half.
f) 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.
g) 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.
h) The grandmother is entitled to one sixth should she survived without the mother of the
deceased.
i) 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.
j) 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 54

k) The uterine sister. If only one she shall get sixth, if more than two there share is third.
l) 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.

Answer:

The Qur’anic heirs who can be excluded but cannot exclude others are as follows:

a) The grandmother; they can be excluded by the presence of the mother in the sense that,
nearest in degree exclude the more remote.
b) 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.
c) 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.

6. a) When does bequest by operation of law take place?

Answer:

Under the provision of the code of Muslim Personal Laws which 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 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) Is the bequest by operation of law enshrined in Presidential Decree No. 1083 an

innovation of Islamic Law? Discuss fully your answer.

Answer:

Yes. because generally under the extreme Islamic law, a non-Muslim shall not inherit
from his or her relative who are Muslims, but since we are living in a democratic country where
in Islamic law is not totally the governing rule, the P.D.1083 shall for equity and humanitarian
consideration gives a third of his original share if he/she is Muslim.

7. 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?

Answer:
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 55
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, 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.

Answer:

2Wife Son 2Daughters

1/8 R

[1/8 7/8] 3/3

[3/24 21/24] 2/2

6/48 42/48

Therefore:

Each wife will get 3/8 , the son will 28/ 48 and the daughters will get 14/28.

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

Answer:

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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 56

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.

Answer:

Yes. The two (2) children who were born alive may inherit despite the fact that their
father was already dead before they were born. The reason behind is that they comply the
condition given the P.D.1083 that they must be born alive.

9. a) A wife died leaving an estate. At the time of her death, she was survived by her
husband, father and mother. Compute and give their respective shares.

Answer:

F M H
R 1/3(Ri) ½
½ 1/3(1/2) ½
2/6 1/6 3/6

b) A husband died leaving an estate. At the time of his death, he was survived by his wife,
father and mother. Compute and give their respective shares.

Answer:

F M W
R 1/3(Ri) ¼
3 1/3(3) ¼
2/4 1/4 ¼

10. a) May a will, holograph or formal, pass any property without being probated in
accordance with law? Discuss briefly your answer.

Answer:

No. will, holographic or formal could not pass any proper without being probated in
accordance with law under the law which 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 (art.103, P.D.1083).

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 57

b) If a will is probated during the lifetime of the testator, is it necessary to probate it again
after the death of the testator? Discuss briefly your answer.

Answer:

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 alter by the person handling
thereof.

2006 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

1. a) Define succession under the P.D. 1083 otherwise known as the Code of Muslim
Personal Laws of the Philippines.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 58

Succession is defined under P.D. 1083 as a mode of acquisition by virtue of which
the estate of a person is transmitted to his in accordance with this code (p.d. 1083, art.89)

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 broughtan 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?

Answer:

No. since the obligation of Abdullah to pay the debts is already extinguished upon his
death. Thus, the debt of a deceased person maybe deduct to his property if he left as such
otherwise, nothing shall be claim by the debtor to the relatives of the deceased.

2. a) Distinguish inheritance from succession?

Answer:

Under the general principle of Muslim Law, 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 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 code (p.d. 1083, art.89)

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.

Answer:

Under the law, a will must take effect at the moment of the death of the testator because
the testator has still right to revoke expressly or impliedly his will. In the above mentioned case,
the administrator is in the right track. Because, the transactions of Harun and Baset is invalid.

3. 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 inheritance. The two (2) sons executed waiver of their rights over the
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 59
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.

Answer:

No. the two sons cannot inherit from the property of their father because the decedent left
no property. In the first place, the ownership of the property mentioned was already transferred
to their own brothers.
b) What are the bases of the Muslim Law of Inheritance?

Answer:

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

4. 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.

Answer:

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.

Answer:

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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 60

5. a) What are the requisites of Islamic succession?

Answer:

The essential conditions or requisites (surut) succession are as follows:

a) The death of the decedent is ascertained; it must be prove that the decedent is actually
or presumptively died. In case of presumptive death, there must be a death certificate.
b) The successor must be alive at the time of the death of the decedent;
c) The successor must not be disqualified to inherit.( art.93, P.D.1083).

b) 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.

Answer:

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.

Answer:

No. because, if the bequest is worth P300,000.00, it does not exceed to the one-third rule
of legacy by the testator.

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

Answer:

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.

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

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 61

W 2S

1/8 R

[1/8 7/8] 2/2

2/16 14/16

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

7. a) What are the characteristics of a will (wasiya)?

Answer:

The characteristics of a will (wasiya) are as follows:

a) There must be a legator/testator who must be of major age and disposing mind.
b) There must also a legatee whose favor a thing is bequeathed
c) 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;
c) It must have an executor named in the will to carry out the will
d) The will must be witness by at least two competent and disinterested witnesses.

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.

Answer:

2W S D

1/8 R

[1/8 7/8]3/3

[3/24 21/24]2/2

6/48 42/48

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 62

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

8. a) What requisites must concur in order that a person can make a will (wasiya)?

Answer:

The testator at the time of making the will must be free, of major age, of sound and
disposing mind and in control of his property. Otherwise, he is incapacitated to make a will.

b) 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.

Answer:

W = 1/8 = 1/8 = 1/8 (P 5,000,000.00) = P 625,000.00

GS = 1/2= 4/8 = 7/8 (P 5,000,000.00) = P 4,375,000.00

The reason behind his full sister gets 7/8 and not a half is that the residue left after the
distribution of the sharers is given to her because the wife is not entitled to the residue. The law
substantially provides that, 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 (article 130, P.D. 1083).

9. 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.

Answer:

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 , if any, since
they are all legal heirs. Thus;

TGM = 1/6 = 1/6 = 1/3 ( P 6,000,000.00 ) = P 2,000,000.00

2US = 1/3 = 2/6 = 2/3 ( P 6,000,000.00 ) = P 4,000,000.00

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 63
b) What are the formalities which are required for the execution of a written will (wasiya)?

Answer:
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 (arabani, 2011 ed.p.632.)

10. a) What is meant by the probate of will? Explain.

Answer:

Probate of will is the process of verifying the legality of a will. Under Islamic law, a
will must be prove in presence of the two male competent and disinterested witnesses.

b) What are the three (3) important questions which a probate court can determine?
Explain.

Answer:

Among the three questions which a probate court can determine are as follows:

a) Is the testator is not forced in making the will?

b) Is the will made attested by competent and disinterested witnesses?
c) Does the will made is not falsified or altered?

2008 SHARI’AH BAR EXAMINATION

SUCCESSION, WILLS AND ADJUDICATION OF ESTATES

1. a.) what are the essential elements (arkan) of inheritance? Please discuss each briefly.

Answer:

The following are the essential elements of inheritance:

a) The existence of the decedent; those if there is a person who died.

b) Presence of heirs; there must be a persons, who is related to him either by affinity and
consanguinity provided they are not disqualified by law to inherit; and
c) Property or Estate of the decedent, those referred to the property where by the heirs are
entitled to inherit.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 64

b.) enumerate with brief discussion the essential requisites (shurut) of inheritance.

Answer:

The essential conditions or requisites (surut) of inheritance are as follows:

a) The death of the decedent is ascertained; it must be prove that the decedent is actually
or presumptively died. In case of presumptive death, there must be a death certificate.
b) The successor must be alive at the time of the death of the decedent;
c) The successor must not be disqualified to inherit.( art.93, P.D.1083).

c) Discuss the distinction of the two concepts.

Answer:

The distinction between the two concept is that, in the absence of one of the essential
elements, the distribution or partition of the estate become null and void while in the absence of
one of the essential conditions or requisites it will fall under irregular partition.

2.a.) what are the charges or liens on the estate of the decedent in the order of their
preference? Please discuss each briefly.

Answer:

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:

a) Unpaid taxes; those referred the tax required by the government to pay.
b) Reasonable funeral expenses; All money used in funeral shall be deducted to the estate
of the deceased.
c) 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;
d) The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
e) 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.
f) 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 (article 135, P.D.1083).
g) Unpaid dower; those referred to the dower, if not fully paid before, during and after
marriage.

b.) comment on the order of preference of claims under Article 135 of the Code of
Muslim Personal Laws of the Philippines (P.D. 1083) in relation to Islamic Law.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 65

Answer:

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 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.

3.a.) discuss the essential elements and requisite of a wasiya.

Answer:

The following are the essential elements for the validity of a will (wasiya) under Islamic
law:
a) 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;
b) It must be made freely and voluntarily and not in jest or under compulsion, threat,
duress or intimidation;
c) 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;
d) The testator at the time of making the will must have the properties over which he can
exercise control; and
e) It must be made in the presence of at least two competent, credible and disinterested
witnesses.

b.) what are three (3) kinds of wasiya under the Code of Muslim Personal Laws of
the Philippines? Please discuss each briefly .

answer:

Kinds of will (wasiya) under Presidential Decree No. 1083 are as follows:

a) 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 atleast two competent adult
Muslim male witnesses.
b) 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 atleast two competent, credible and disinterested adult
male witnesses.
c) Holographic will, the term holographic will is described in the following provision of
the civil code, a suppletory law to the Musllim code, as follows: “ a person may execute a
holographic will which must be entirely written, dated and signed by the hand of the testator
himself. It is subject to no other form, amd 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
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 66
the presence of atleast two competent, credible and disinterested adult male witnesses (arabani
2011 ed.p.640).

c.) can a minor represented by a guardian make a valid will? Please explain.

Answer:

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.

4. a.) discuss the requisites under which a posthumous child is entitled to a share in the
inheritance. Cite the basis under P.D. 1083.

Answer:

One of the conditions that a posthumous 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.) state the rule on fixing the share of a hermaphrodite (al-khunta al-musakal) in
inheritance.

Answer:

The Muslim code does not provide the rules regarding the succession by hermaphrodite;
however by virtue of its applicability clause, Art. 18, the Muslim law may be applied in
suppletory manner. In connection with this, the share of 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 the number and sexes of the co-heirs.

5. a.) ismail died leaving a will in favor of a charitable foundation. His entire property
is worth Php. 90,000,00. He has bequeathed the sum of Php. 40,000.00 in favor of the
foundation. His wife, father and mother survive him, settle the estate of Ismail. Please
explain and justify your answer.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 67

F M W
R 1/3(Ri) ¼
3 1/3(3) ¼
2/4 1/4 ¼

Therefore:

Father = 2/4 ( P 90,000.00) = P 45,000.00

Mother = ¼ ( P (90,000.00) = P 22,500.00

Wife = ¼ ( P (90,000.00) =P22,500.00

6. 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.

Answer:

Yes. I will allow them to inherit provided that they have a sufficient evidence and comply
with the requirements of the law such as, the acknowledgement is manifested by the father’s
acceptance in public that he is the father of the who does not impugn it and the relation does not
appear impossible by reason of disparity in age.

7. 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.

Answer:

W S D

1/8 R

[1/8 7/8]3/3

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 68

3/24 21/24

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

b.) supposed Abdul karim died after the expiration of Salima’s idda, will salima be
entitled to an inheritance? Please explain and support your answer.

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 iddah
(article 96, P.D.1083).

8. 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 Carlya, 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?

Answer:

Generally speaking, Malik cannot inherit from his father jamel in the sense that,
difference of religion is a bar from inheritance. However, the P.d.1083 give him an opportunity to
inherit, by operation of the law which substantially 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. 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).

9. Junaid died living a father, a mother’s 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.

Answer:

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 69

Those entitled to inheritance are the father, mother and wife iin the sense that they are all
sharers in which their share has been fixed by the Holy Qur’an and those who are not entitle dto
inherit are the mother’s sister and paternal uncle. The mother’s sister cannot inherit because she
is distant kindred and that, she can only inherit if there is sharers and residuary heirs. And thus,
the paternal uncle is excluded by the father.

b) What is the share of each heir?

Answer:

F M W
R 1/3(Ri) ¼
3 1/3(3) ¼
2/4 1/4 ¼

Therefore:

Father= 2/4 (P240,000.00) = P 120, 000.00

Mother= ¼ (P240,000.00) =P 60,000.00

Wife = ¼ (P 240,000.00) =P 60,000.00

10. 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.

Answer:

I will grant his motionon the fact that it was already declared that he was already 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 70

b)

W 2D F

1/8 2/3 1/6 + R

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

3/24 16/24 5/24

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

2011 SHARI’A BAR EXAMINATION

SUCCESSION, WILLS/ADJUDICATIONN AND SETTLEMENT OF ESTATE

1. a.) Give and explain the different kinds of succession.

Answer:

The different kinds of succession in the light of P.D. 1083 are as follows:

a)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 his death,
his property shall thus be disposed according to his will.
b) 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.
c) 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 (arabani,2011 ed.p 629).
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 71
2. b.) Discuss nuncupative and holographic will, and how their due execution be proved?

Answer:

a) 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

b) 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 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 atleast two competent, credible and disinterested adult male witnesses (arabani
2011 ed.p.640).

2. a.) Enumerate the order of succession, and explain each briefly.

Answer:

Order of succession under P.D. 1083 are as follows:

a) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
b) 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.
c) In the absence of the foregoing, the Distant kindred; those who are excluded as sharer
due to their female link;
d) in default of the above, the acknowledge kinsman, universal legatee, or public
treasury,in that order.

b.) state the primary heirs of the decedent who cannot be excluded inherit, and who
those cannot exclude another heir.

Answer:

The primary heirs of the decedent who cannot be excluded to inherit are:

a) husband
b) Wife
c) Son;
d) Daughter
e) Father
Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 72
f) Mother and those cannot exclude another heir is the husband and wife

3. 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?

Answer:

The effect if there’s a doubt as to which of two or more person who are called to succeed
to each other, they shall be presumed to 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 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.

Answer:

A. The net conjugal estate of Jafar and Jasmin = Php 3,000,000.00

Those entitle to inherit from jafar are his mother and father. Thus, jafar estate is Php
1,500,000.00

a) Mother =1/3(Php 3,000,000.00) = Php 500,000.00

b) father = 2/3 (Php 3,000,000.00) = Php 1,000,00

b. who are entitled to inherit from Jasmin? Compute and give their share

Answer:

Those entitle to inherit from jasmine are his mother and Germane brother. Thus, jasmine
estate is Php 1,500,000.00

a) Mother =1/3(Php 3,000,000.00) = Php 500,000.00

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 73

b) Germane brother= 2/3 (Php 3,000,000.00) = Php 1,000,00

4. a.) What are the sources of inheritance under Islamic Law?

Answer:

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

b.) give at least three (3) principal reasons why under Islamic Law, a male inherits double
the share of a female.

Answer:

The following are among the reason why under Islamic law why a male inherit double
the share of female;

a) 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.
b) 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.
c) Male are oblige to support his sister should her marriage was dissolved.

5.) 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 74

Answer:

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 iddah.

b.) supposed that it was Muhaliddin who died while Zayda was observing iddan, will she be
entitled to inherit from her husband’s estate valued at Php. 600,000.00. Please support your
answer.

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.

6. a.) give three (3) causes that a bequest may be rendered invalid.

Answer:

The three causes that a bequest shall render invalid are:

a) if the testator become insane and his insanity subsists till death;

b) If the Legatee died ahead of the testator;and

c) 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.

Answer:

A legatee is entitled to inherit under any of the following conditions:

a) That a legatee is not an heir of the testator;

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 75
b) That a legatee must be alive at the time of making the will and at the moment of the
death of the testator; and

That a legatee must not have killed the testator.

7. a.) explain briefly the extent of liability of the heir for the debts of the decedent. Cite
your basis.

Answer:

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.

Answer:

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.

8. 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, mother Razmia, two uterine brother, Razid and
Razul, and full brother Rahman. Compute and distribute their respective shares.

Answer:

Rucma net estate = Php. 600,000.00

a) Husband Zacaria= ½ (Php. 600,000.00) = Php. 300,000.00

b) Mother Razmia = 1/6 (Php. 600,000.00) = Php. 100,000.00

c) Uterine brothers ( Razid & Rasul) = 1/3 = Php. 200,000.00

d) Full brother (rahman) = 0

The full brother Rahman shall equally share with his uterine brothers, Razid and Razul’s
of the estate of their sister, Rucma.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 76

Hence;

Uterine brother Razid 1/3( Php. 200,000.00) = Php. 66,666.66

Uterine brother Razul 1/3( Php. 200,000.00) = Php. 66,666.66

Full brother Rahman 1/3( Php. 200,000.00) = Php. 66,666.66

9. Mahmod died leaving his son Mohammad and daughter Maimona, and his germane
brother Musaraf. Before the settlement and distribution of his estate valued at Php.
600,000.00, his son Mohammad died, leaving his sister Maimona and his paternal uncle
Musaraf.

a.) does double inheritance exist in this problem? Please explain.

Answer:

Yes. There is a double inheritance in this problem 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.

Answer:

The estate of Mahmod valued Php. Should be divided to his heirs son mohammad and
daughter Maimona, 2/3 and 1/3 respectively. Hence, Mohammad’s share would be Php.
400,000.00 and Maimona’s share would be Php. 200,000.00

The estate of Mohammad valued at Php. 400,000.00 should be divided to his heirs, sister
Maimona, as sharer, ½ of the estate = Php 200,000.00 and Paternal Uncle, Musaraf, as residuary
= Php. 200,000.00

10. 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-registgered their marrieage with the
Shari’ah circuit registrar. Last april 22, 2011, Mariano died without a will, but leaving a
not estate valued Php. 1,000,000.00

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 77

a.) which law to govern for the distribution and settlement of the estate of Mariano? Cite
your legal basis.

Answer:

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.

Answer:

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. The elder son Manue 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.

Johary “Jhopax” Maruhom Ali Rasul PSBA 418 Page 78