SBE Inheritance QandA

1983 SHARI’AH BAR EXAMINATIONS ON
SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE
1. a) Explain the difference between Al-Mirath (Net Estate) and Tarika (gross estate) in the
law of inheritance.
Al-Mirath (Net estate) includes all properties of any kind movable or immovable whether
ancestral or acquired, either by onerous or gratuitous title as well as, all transmissible rights and
obligations at the time of his death and those that accrue thereto before partition;
While Tarika (gross estate) refers to all of the persons properties rights and obligation of
the deceased prior to deduction the rights and claims attached to it.1
b) State the liens and charges attached to the estate of a decedent in accordance with
Islamic Law and the Code of Muslim Personal Laws and explain briefly each of them.
The following are the liens and charges attached to the estate of a decedent in
accordance with Islamic law:
i) Specific rights (Al huquq il ainiyah). These are rights attached to the property or estate.
They include Zakat (Legal alms), mortgages or pledges on specific properties used as
guarantee or collateral for a loan or debt.
ii) Rights of decedents (over) his estate (Huquq el maith). These are the only rights of a
deceased person over his estate, i.e. funeral/ expenses which consists of the fees
paid or incurred in the washing, shrouding and internment of his remains. This also
include the expenses of his dependents pending settlement of estate.
iii) All kinds of debts (aduyon al mutlaqah). These are debts incurred prior to the death of the
decedent, they are of two classes:
a.) debts incurred in good health (aduyon mursalah),
b.) debts incurred in illness, Imam Malik and Imam Shafii do not make any distinction
between the two debts.
However, in case of debts incurred in serious illness, (marad-al-maut) (death

illness). Debts incurred in good health take preference. Long term debts became due at
the time of death of the decedent. Dower2 (mahar) of a wife falls under this category.
iv) Rights of legatees (al-haqul-el-musshalahu). These are legacies and bequest chargeable to
the extent of one-third of the estate after deducting above charges, i,ii,iii.
v) Rights of heirs (al-haqul-waratha). This pertains to the rights of the heirs over the
remainder or the estate after deducting the foregoing charges before distribution.
1
Arabani,p.598, 2011 ed.
2
Opposite of Dowry for husband from wife in some parts of India.
Page 1
accordance with the code of Muslim Personal Laws of the Philippines:
i. Unpaid taxes; those referred the tax required by the government to pay.
ii. Reasonable funeral expenses; All money used in funeral shall be deducted to the
estate of the deceased.
iii. The expenses for probate, administration and other judicial expenses; those referred
to the financial expenses use in the processes before the partition of the estate;
iv. The debts of the decedent; those referred to the money or property borrowed by
decedent when he is still alive.
v. The legacies to the extent of the disposable one-third; thus refer to the will made by
the testator which shall not be more than one-third of his estate.
vi. Distribution of the shares among heirs; after all the deduction of the claims attached
to the estate of the decedent, the property will be divided to the legal heirs 3.
vii. Unpaid dower; those referred to the dower, if not fully paid before, during and after
marriage.
2. a) Can a non-Muslim wife inherit from the estate of her deceased Muslim husband
under the Islamic Law? Explain briefly your answer.
No. One of the disqualification to inherit under Islamic law is the difference in religion.
Thus, a non-Muslim wife cannot inherit from the estate of her deceased Muslim husband.
b) Briefly state what are the provisions on the Code of Muslim Personal Laws which
ensure the right of a non-Muslim spouse to receive a bequest (wasiyyah) by operation of law.
The Code substantially provides that the parent or spouse, who is otherwise disqualified
to inherit in view of Article 93(c) shall entitle to one-third (1/3) of what he or she would have
received without such disqualification4.
3. a) A person died survived by his father, mother, and wife. Distribute his estate worth
P120,000.00 among the surviving heirs in accordance with their apportioned shares.
F + M + W
R 1/3(Ri) 1/4
3 1/3(3/4) 1/4
2/4 1/4 1/4
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
3
Article 135, P.D.1083
4
Art. 107, P.D.1083
Page 2
b) A person died survived by her father, mother and husband. Distribute her estate
worth P160,000.00 among her surviving heirs in accordance with their apportioned shares.
F + M + H
R 1/3(Ri) 1/2
1/2 1/3(1/2) 1/2
2/6 1/6 3/6
Therefore:
F= 2/6 (160,000) = P53,333.00
M= 1/6 (160,000) = P 26,667.00
H= 3/6 (160,000) = P 80,000.00
P 160,000.00
In the two problems above stated, briefly explain your solutions by discussing the applicable
rules in the Muslim Code of Islamic Jurisprudence.
The two problems mentioned above are referred to as Umaryatan Case wherein the only
heirs are the parents of the deceased together with his/her spouse. It was named after Caliph
Umar RA who settled and decided the case, indirectly, the law says that, a portion of male must
be double of that female.
In the instance of their regular share, the mother will get a higher share than the father.
Accordingly, the father complained to the Caliph and that he made the alternative solution, by
way of the male have double share to that female and arrived to the formula that the mother has
a share of the residue initial multiplied with one-third as provided under the Qur’anic share.
4. A person died survived by his mother, step father, one (1) uterine brother, one (1)
uterine sister, two (2) full brothers, one (1) full sister, one (1) father’s brother, his wife and a
grandson.
1.) Who are the legal heirs of the decedent?
The following are the legal heirs of the decedent;

a) mother
b) wife
c) grandson
2.) What is the basis of their right to inherit from the decedent?
The basis of their inheritance is that they are all sharer which the law itself fixed their
corresponding share to the estate of the decedent. Thus, the mentioned heirs cannot applied to
them the principle of exclusion.
3.) Who are those qualified to inherit, and those disqualified to inherit, if any
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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.
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.
Step 1.
P 1,000,000.00
- P 200,000.00
P 800,000.00
Step 2.
W = ¼ ( P800,000.00) = P200,000.00
Therefore, the wife will get P200, 000.00 on the basis that wife will share ¼ in the absence
of the child or children.
2.) What happens to the residue of the estate? Explain your answer.
The residue will be given to wife since there are no other heirs. Therefore, the wife will
get all the estate of the deceased person as specified by the principle of reversion.
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Under the Code that 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 kindred5. In the case at bar, no other surviving heirs
and she is alone, thus the remaining estate will be reverted to the wife.
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?
The following are entitled to inherit in two (2) instances:
First, consider the conceived child as a son:

i. Mother
ii. Wife
iii. Son as conceived child
The brother and sister, paternal uncle and maternal aunt are excluded in the presence of
the son.
Second, consider the conceived child as a daughter:

i. Mother
ii. Wife
iii. Daughter as conceived child
iv. Brother
v. Sister
The law substantially provides that one or more consanguine brothers or sisters surviving
together, shall participate in the hereditary estate, a brother to inherit double the share
of a sister. However, the provision of the next succeeding article notwithstanding, the full
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.
Paternal uncle and maternal aunt are excluded due to the presence of brother.
2.) Give the share of those entitled to inherit.
a. First, consider the conceived child as a son:
M + W + S
1/6 + 1/8 + R
4/24 + 3/24 + 17/24 = 24/24
b. Second, consider the conceived child as a daughter:
M + W + D + GB + GS
5
Article 130, P.D. 1083
Page 5
1/6 + 1/8 + 1/2 + R
4/24 + 3/24 + 12/24 + 5/24 = 24/24
(4/24 + 3/24 + 12/24 + 5/24 = 24/24) 3/3
12/72 + 9/72 + 36/72 + 10/72 + 5/72 = 72/72
The share of the son from first instance is greater than the share of the daughter in
second instance, therefore the share of the former will be reserved to the conceived child.
3.) State the rule on the period of pregnancy (mudat-ul-hamel) in relations to the
unborn (posthumous) child.
According to Imam Abu Hanifa, the shortest period of pregnancy (dat-ul-hamel) is

six (6) months and the longest is two (2) years. Imam Shafii reported that the longest
period of pregnancy is nine (9) months. This is agreed among Muslim jurists.
The better view, however, in determining the normal period of pregnancy before
the child is born, is to consider varying climatic conditions and geographic locations.
This will no longer be a problem today in view of the advances in the science of
medicine. Through the use of “ultra sound” and electronic gadgets, physicians are
able to determine and calculate the length of pregnancy and even the sex of the child
in the womb of the mother.
7. a) State the essential elements for the validity of a will (wasiya) under Islamic Law.
The following are the essential elements for the validity of a will (wasiya) under Islamic
law:
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) In case of an aborted child, can his heirs inherit from him?
No. An aborted child is dead upon delivery and no personality, thus no property left to his
surviving heirs unless if there is a reserved property to him. The said property will be
redistributed to the heirs. Furthermore, an aborted child under Islamic law cannot inherit from
the decedent, for the reason that he is not alive. The law substantially provides that birth
determines personality but the conceived child shall be considered born for all the purposes that
are favorable to it, provided it be born alive. However, briefly at the time he is completely
delivers from the mother womb.
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c) Who are entitled for the fine or compensation arising there from i.e. Diyat (blood
money) under Islamic Law, assuming that the only survivor is the mother of the child.
Under Islamic law, a fine or compensation arising from Diyat (blood money) shall be given
to the surviving relatives. In the case at bar, the mother will receive the blood money as the only
surviving heir after deducting the expenses from the settlement of the case.
8. a) What is the distinction between an acknowledged child and an acknowledged

kinsman in terms of successional rights?
Acknowledged child 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, Acknowledged 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?
Yes. A disavowed child can inherit to his natural father after the latter acknowledged him
as his son. Under Islamic law, it is called as direct acknowledgement. The acknowledged person
shall become the heir (as son or daughter) of the acknowledger and shall be entitled to inherit
from him as such in the order of preference of heirs.
b.2) What is the rule when the father retracts his charge of adultery against the mother
of the disavowed child?
The rule when the father retracts his charged of adultery against the mother of the
disavowed child is that, there is still no change to the effect that there must be no mutual rights
of inheritance. The effect of the divorce is perpetual.
3) State the legal status of the child and explain your answer.
The legal status of the child is an illegitimate child (waladu lian) through divorce by Lian,
unless he becomes a legal heir of his father on the ground that the father acknowledged him as
his own child and retracted his charge of adultery to his wife.
9. A person who is in a state of death illness (marad-ul-maut) repudiates talaq his wife. A
month after the expiration of the wife’s ‘Idda, the former husband died. A day after the death
of the ex-husband, the ex-wife contracted a second marriage. Within six months from the
celebration of the second marriage, the ex-wife gave birth to a son. The estate of the decedent
is pending settlement before your sala as District Shari’ah Judge. Explain:
a) Could the ex-wife inherit from the decedent? Explain.
No. She will not inherit from the husband’s estate due to her subsequent marriage during
the period of idda for four months and ten days or even after expiration, which she made their
mutual rights of inheritance extinguished. However, the law provides that she may inherit from
the husband even after the expiration of idda in the case of talaq during the time of death illness
without subsequent marriage.
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b) Could the child, who was born within six months from the death of the decedent,
inherit also from the estate? Explain
Yes. A child born within six month from the death of the decedent can inherit from the
estate but she shall inform the heirs of such fact. The law substantially provides that, should the
marriage be dissolved the wife contracts another marriage after the expiration of the idda, a
child born within six month from the dissolution of the prior marriage shall be presumed to have
been conceived during the former and if born thereafter, during the latter.6
c) In the preceding problem, suppose it was the wife who died during the pendency of
her ‘Idda, could the surviving husband inherit from her estate? Explain.
No. the husband could not inherit 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 idda7.
10. Abdulmajid is an enlisted man in the Armed Forces of the Philippines. He was stationed
in Jolo in 1974 at the height of the civil uprising in the area. He has a son who is working in
Saudi Arabia. Since then, nothing has been heard of the whereabouts of Abdulmajid. His son is
his only heir. He learned of the disappearance of his father when he returned home last month
(November 1983). The son could not ascertain whether his father is dead or still alive. His
father has a large tract of land in Kiamba, South Cotabato.
As his counsel, what advice would you give the son? Explain by stating applicable rules on
inheritance under Islamic Law of the Muslim Code.
As a counsel, I will advise him to notify and file a petition for assumption of death to the
Court for issuance of death certificate. The law substantially provides that after an absence of
seven years, it being unknown whether or not the absentee still live he shall be presumed dead.
However, in order 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. In the case at bar, either ordinary
or extra ordinary presumption of death because of ten years lapsed.
6
Article 60-61, P.D.1083
7
Page 8
1. Define:
a) Succession
Succession is a mode of acquisition by virtue of which the estate of a person is

transmitted to his in accordance with this Code8.
b) Will
Will is a declaration where by a person is permitted, with the formalities

prescribed by law, to control the disposition after his death of nor more than one-third of
his estate, if there are heirs or the whole of it, if there are no heirs or distant kindred9.
c) Explain the difference between estate (Tarika) and inheritance (Mirath).
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 it10.
2. Enumerate the disqualifications to succession.
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 Law11.
3. a) What are the claims and charges that should be applied to the estate of a decedent?
8
Art. 89, P.D. 1083
9
Art. 101, P.D.1083
10
Arabani, p.598, 2011 ed
11
Page 9

iii. The expenses for probate, administration and other judicial expenses; those
referred to the financial expenses use in the processes before the partition of the
estate;
v. The legacies to the extent of the disposable one-third; thus refer to the will made
by the testator which shall not be more than one-third of his estate.
vi. Distribution of the shares among heirs; after all the deduction of the claims
attached to the estate of the decedent, the property will be divided to the legal
heirs.13
vii. Unpaid dower; those referred to the dower, if not fully paid before, during and
after marriage.
b) Are the claims and charges that should not be applied to the said estate? Give
examples.
The claims and charges that should not be applied to the said estate are as follows:
12
13
Page 10
i) Expenses which are not reasonable for funeral expenses, i.e. slaughtering cows
during the mourn days.
ii) Money loan with interest.
iii) A will of more than 1/3 of the estate unless ratified by heirs.
iv) and other properties which are acquired from unlawful (haram), i.e. drug
business, Scam Pyramidal scheme.
4. a) What are the qualifications of a testator or capacity to make a will?
Pursuant to the provision of the Code of Muslim Personal laws which substantially
provides that any person of sound and disposing mind and who is not expressly prohibited under
Islamic law may make a will. Persons of either sex under the age of puberty cannot make a will.14
b) What is the philosophy behind the authority to make a will granted to the testator?
The philosophy behind the authority to make a will granted to the testator is that it is a
divine institution, since it is regulated by the Qur’an. It offers to the testator the means of
correcting a certain extent the law of succession and of enabling some of those relatives who are
excluded from inheritance to obtain a share in his good and of recognizing the services rendered
to him by a stranger or the devotion to him in his last moment15.
5. a) What is the testamentary waqf?
Under the law, testamentary waqf is an endowment for Islamic purposes to take effect
after the death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary
disposition.16
b) When and how may a will be revoked by the testator?
The law substantially provides that the will may be expressed or impliedly revoked by the
testator at any time before his death. Any waiver or restriction of this right shall be void17.
6. a) What is reversion?
Reversion (radd) literally means to return. Technically, in the Muslim law on succession,
it is a process whereby when after giving the fixed sharers their shares, a residue is left in the
inheritance and there is no residuary heirs to receive the it, the same shall revert in its entirely to
the lone sharer or to all the sharers in proportion to their respective share18.
b) State the conditions under which it may be applied in Succession.
14
15
Arabani, 2011ed, p. 631
16
17
18
Arabani, 2011ed, p. 732
Page 11
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.19
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?
The following are entitled to inheritance as sharers:
i) The husband, the wife;

ii) The father, the mother, the grandfather, the grandmother;
iii) the daughter, and the son’s daughter in the direct line;
iv) The full sister, consanguine sister, uterine sister and the uterine brother
The following are entitle to 1/3 of the shares
i) The mother
ii) The uterine brothers and uterine sisters
b) A person died leaving a daughter, wife (widow), a grandfather, and a full brother.
The hereditary estate is P480,000.00. What is the share of each heir?
Step 1.
D + W + 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
19
Article 130, P.D. 1083
Page 12
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.
Residuary heirs are the heirs who are related to the deceased through a male link. Under
the law which states that, any residue left after the distribution of the shares of the sharers shall
be partitioned among the residuary heirs.20
b) How may an heir succeed as a residuary? Give examples.
The law substantially provides that, any residue left after the distribution of the shares of
the sharers shall be partitioned among the residuary heirs 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.21
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?
F + W + MS + Fbro(GPU) + M
R ¼ excluded excluded 1/3 (Ri)
¾ ¼ 1/3 (3/4)
2/4 ¼ ¼
Therefore, falls on Umaryattan case:
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.
The following are those who can inherit:
20
Article 124,P.D. 1083
21
Article 124,P.D. 1083
Page 13
i) Father; because he is a sharer and cannot be excluded by any one and his share
was fixed in the holy Qur’an.
ii) Wife; because she is relative to the decedent by affinity and the same with the
father her share is already fixed in the holy Qur’an
iii) Mother; because she is also a sharer and cannot be excluded by any of the heirs
and the same with the afore-mentioned also her share is prescribed in the Holy
Qur’an.
10. a) Enumerate the heirs, the shares whom is one over six (1/6) each. Explain briefly.
The heirs who are entitled to the hereditary estate of one over six (1/6) are as follows:
i) Father; if the father survives with his child or children, her share is sixth.
ii) Mother; if the mother survives with a children or when she survives with no
children and two or more brothers and sisters of the decedent.
iii) Son’s daughter; if the only female sharer is the daughter, she is entitled to 1/6 as a
completion of the 2/3 share of the female.
iv) Germane sister; if the only female sharer is the daughter or son’s, she is entitled
to 1/6 as a completion of the 2/3 share of the female.
v) Consanguine sister; if the only female sharer is the daughter or son’s daughter or
germane sister, she is entitled to 1/6 as a completion of the 2/3 share of the
female.
vi) Uterine sister; when she does not survive with her own sisters (i.e. another
uterine sister/s) or uterine brother
vii) Uterine brother; when he does not survive with her own brother (i.e. another
uterine brother/s) or uterine sisters
b) A person died leaving a son, a daughter, a consanguine brother. The hereditary

estate is P600, 000.00. Before settlement and partition of said estate, the son died. If you were
a Judge, how should you distribute the estate applying related rules?
If I will be the judge, I will first divide and distribute to the son and daughter in which the
consanguine brother is excluded by the son. The reason is that the son is alive at the time of the
death of the decedent which is one of the requisites in order to be qualified as successor.
Secondly, I will divide the share of the son 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:
Estate: P 600,000.00
Step 1.
S D CB
Excluded by the Son
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
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Step 2.
GS + CPU
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
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1. a) What are the essential elements (rukun) of inheritance and explain each briefly?
The essential elements (rukun) of inheritance are the following:
i) Decedent; there must be a person who died.

ii) Heirs; there must a legal heirs of the decedent who is entitled to the property left
by the decedent and not disqualified by law.
iii) 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?
The essential conditions or requisites (surut) of inheritance are as follows:
i) 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.
ii) The successor must be alive at the time of the death of the decedent;
iii) The successor must not be disqualified to inherit.22
c) Distinguish the two concepts.
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 may not invalidate the partition of the inheritance.
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.
22
Art. 93, P.D.1083
Page 16

3. State the rule with respect to succession between divorced persons under Muslim Law
or the Muslim Code.
The law substantially provides that a husband who repudiates his wife shall have mutual
right of inheritance with her while she is observing idda. After the expiration of the idda, there
shall be no mutual rights of succession between them. However, the husband who, while in a
condition of death-illness divorces his wife shall not inherit from her, but she shall have the right
to succeed him even after the expiration of her idda.24
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.
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.25
Example is deceased husband left Christian wife and a son. The Christian wife is under the
provision of the above mentioned.
5. a) What is meant by total and partial exclusion? Explain each briefly.
Total exclusion means exclusion from the actual inheritance itself (such as the exclusion
of the grandfather by the father.
Partial exclusion means the prevention from a part of the inheritance (such as the
deduction of the husband’s share by a child from half to one-fourth.26
23
24
Art. 96. P.D.1083
25
Art.107, P.D.1083
26
Arabani 2011 ed., p.708
Page 17
b) Who are the heirs who cannot be totally excluded?
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.
a) Sharers - 12
b) Residuaries ROR, RAR, RTA
a) Residuary in their own right:

a) Male descendants of the decedent in the direct line;
b) Male Ascendants of the decedent in the direct line;
c) Full- blood or consanguine brother of the decedent and their male descendants,
however distant in degree; and
d) Full- blood or consanguine paternal uncles of the decedent and their male
descendants, however distant in degree.
b) Residuary in another’s right:

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

Full-blood or consanguine sisters surviving with daughters or with son’s daughters,
however distant in degree from the decedent, are residuaries together with another.
c) Distant kindred27
7. Enumerate the heirs who are entitled to the following allotted shares to wit:
1/6 ½ 2/3 ¼ 1/3 1/8

Father Husband Daughter Husband Father
wife
Mother Daughter Son’s daughter wife Mother
True grandfather Son’s daughter Germane sister Uterine

brothers
27
Ronsing, Succession, p. 25
Page 18
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.
a) Residuary in their own right:

b) Residuary in another’s right:

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.
M + 2GS
1/6 2/3
1/6 4/6
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
Page 19
the estate; the daughter waived her claims to the estate provided that she will have the Ford
Fiera vehicle.
a) Distribute the estate by applying the appropriate rules on inheritance. Let us assume
that all the heirs agreed to the demand of the daughter.
Estate:
House and lot P300, 000.00
Brand new car P200, 000.00
Farm P100, 000.00
Furniture P 50, 000.00
Ford Fiera P 45, 000.00

P695, 000.00
___
Debts P 215,000.00
P 480,000.00
2S + D + M + W
R + 1/6 + 1/8
( 17/24 + 4/24 + 3/24 =24/24 ) 5/5
85/120 + 20/120 + 15/120 = 120/120
S + S + D + M + W
34/120 + 34/120 +17/120 + 20/120 + 15/120 = 120/120
S = 34/120 (P480, 000.00) = P136, 000.00
S = 34/120 (P480, 000.00) = P136, 000.00
D = 17/120 (P480, 000.00) = P 68, 000.00
M = 20/120 (P480, 000.00) = P 80, 000.00
Page 20
W = 15/120 (P480, 000.00) = P 60, 000.00
P480, 000.00
Solution 1 (ford fierra is the share value of the Daughter as agreed by them
worth of P45, 000.00):
Excess share of the Daughter to be distributed to 2S + M + W:
P 68, 000.00 – 45,000.00 = P23, 000.00
2S + M + W
R + 1/6 + 1/8
(17/24 + 4/24 + 3/24 = 24/24) 2/2
34/48+ + 8/48 + 6/48 = 48/48)
S + S + M + W
17/48+ 17/48+ 8/48 6/48 = 48/48
S = 17/48 (P23, 000.00) = P 8, 000.00
S = 17/48 (P23, 000.00) = P 8, 000.00
M = 8/48 (P23, 000.00) = P 4, 000.00
W = 6/48 (P23, 000.00) = P 3, 000.00
P23, 000.00
Therefore:
S = P136, 000.00 + P 8, 000.00 = P144, 000.00
S = P136, 000.00 + P 8, 000.00 = P144, 000.00
D = P 45, 000.00 = P 45,000.00
M = P 80, 000.00 + P 4, 000.00 = P 84, 000.00

Page 21
W = P 60, 000.00 + P 3, 000.00 = P 63, 000.00
P480, 000.00
b) Suppose that in the same problem, only the two (2) sons, the other daughter and
mother agreed but the wife objected. How will your distribute the estate? Please explain and
justify your answer.
Excess share of the Daughter to be distributed to 2S +M:

P 53,833.33 – 45,000.00 = P8,833.33
2S + M
R + 1/6
5/6 + 1/6
2S = 5/6 (P8,833.33) = P 7,361.12 @ 3680.56/each Son
M = 1/6 (P8,833.33) = P 1,472.21

-----------------
P 8,833.33
Therefore:
2S = P215,333.32 + P 7,361.12 = P222,694.44
@ 111,347.22/each Son
D = P 45,000.00
M = P 63,333.33 + P 1,472.21 = P 64,805.54
W = P 47,500.00
-----------------
P380,000.00
Page 22
1. a) Define or explain the following terms:
i) Succession

ii) Will

his estate, if there are heirs or the whole of it, if there are no heirs or distant kindred 29.
iii) Testamentary waqf (waqf-bil-wasiya)
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.30
b) What are the essential elements (rukun) of succession? Discuss briefly the requisites
or conditions of each element.
The following are the essential elements of succession:
i) The existence of the decedent; those if there is a person who died.

ii) 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
iii) 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.
28
Art. 89, P.D. 1083
29
Art. 101, P.D.1083
30
Page 23

iii. The expenses for probate, administration and other judicial expenses; those
referred to the financial expenses use in the processes before the partition of the
estate;
v. The legacies to the extent of the disposable one-third; thus refer to the will made
by the testator which shall not be more than one-third of his estate.
vi. Distribution of the shares among heirs; after all the deduction of the claims
attached to the estate of the decedent, the property will be divided to the legal
heirs.32
vii. Unpaid dower; those referred to the dower, if not fully paid before, during and
after marriage.
Therefore, to reconcile the two, the five 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-Tarika and al-Mirath and distinguish each from the other.
31
32
Page 24
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.33
3. a) What are the impediments or disqualifications to inherit under Presidential Decree

No. 1083? Discuss each briefly.
The impediments or disqualifications to inherit under Presidential Decree No. 1083 are as
follows:
i) slavery; It was one of the impediment to inheritance for the reason that during
the pre-Islamic Arabs, a slave is then considered the property of his master and
therefore, has no legal right to inheritance. Fortunately, it was already abolished.
ii) Murder or homicide; It is also an impediment to inheritance when someone
causes the death of the decedent. It was also reported that the prophet said that,
the murder shall not inherit.
iii) Difference of religion; it is again become an impediment to inheritance on the
basis of the tradition of the prophet that, the two people belonging to two
different faiths do not inherit from each other.34
b) Generally, an apostate (murtad) cannot inherit. Give an instance where an apostate

may inherit.
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.
The following are entitled to inherit:
33
Arabani, p.598, 2011 ed
34
Arabani, 2011 ed., p.604-608
Page 25
a) wife
b) Father
c) Mother
d) Daughter
e) Son’s daughter
b) Who are not entitled to inherit? Give the basis or reason why they cannot inherit.
The following are not entitled to inherit:
a) Father’s father; 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.
c) Compute and give the shares of those entitled to inherit in terms of Philippine
money.
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,
Page 26
Mohammad’s wife and Zaid’s mother, (2) Latipa, Mohammad’s daughter and Zaid’s sister and,
(3) Zainab, Mohammad’s daughter- in-law and Zaid’s wife.
a) Who are entitled to inherit from the estate of Mohammad? Compute and give their
respective shares.
The 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.
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.
The different modes of succession in the light of P.D. 1083 are as follows:
i) By will; a person may by will, executed in the manner or form prescribed by law,
provides for the disposition of his properties within the limit set by this code and
upon his death, his property shall thus be disposed according to his will.
ii) By operation of this code; when the deceased left no will or there being a will but
the same is declared invalid, then his estate shall pass to his heirs or persons
entitled there to, by operation of law in accordance with the rules laid down
under the code on legal succession.
iii) By combination of both; when although the deceased left a will but which does
not provide for the disposition of all his properties, then his estate shall be settled
partly according to his will and as regard to his other properties left after satisfying
his will, they shall disposed by operation of law in accordance with the rules on
legal succession.35
35
Arabani,2011 ed., p 629, Art. 100, PD 1083
Page 27
b) State the order of succession under the Presidential Decree No. 1083. Discuss each briefly
Order of succession under P.D. 1083 are as follows:
i) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
ii) Residuaries; those who are related to the decedent through male link. They are
entitled to the residue after the distribution of the fixed shares of sharers.
iii) In the absence of the foregoing, the Distant kindred; those who are excluded as
sharer due to their female link;
iv) in default of the above, the acknowledge kinsman, universal legatee, or public
treasury, in that order. 36
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.
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
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)
The following are the different kind or classes of residuaries in their own right:
i) Male descendants of the decedent in the direct line;

ii) Male Ascendants of the decedent in the direct line;
iii) Full- blood or consanguine brother of the decedent and their male descendants,
36
Art 99, PD 1083
Page 28
iv) Full- blood or consanguine paternal uncles of the decedent and their male
8. a) What does inheritance include under the Muslim Code P.D. 1083
The law so provides that, the inheritance of a person included all properties of any kind,
movable or immovable, whether ancestral or acquired either by onerous or gratuitous title as
well as all transmissible rights and obligations at the time of his death and those that accrue
thereto before partition.37
b) Give at least two examples of transmissible rights and obligations of a deceased

person. Discuss each briefly.
Examples of transmissible rights and obligations of a deceased person are:
i) obligation to support; the heirs is liable to the child of the deceased such that of
under the womb of his wife. Such as the law substantially provides that, if, after
the dissolution of the marriage, the wife believes that she is pregnant by her
former husband, she shall within thirty days after she became aware of her
pregnancy notify the former husband or heirs. This implies that the heirs must be
responsible enough to the child, in the womb of his wife, left by the deceased.
ii) property rights; those refer to the property of the deceased that subject to the
inheritance.
9. a) May a will, holographic or formal, pass any proper without being probated in
accordance with law? Discuss briefly your answer.
No. will, holographic or formal could not pass any proper without being probated in
accordance with law 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.38
b) If a will is probated during the lifetime of the testator, is it necessary probate it again
after the death of the testator?
Yes. A will must be probated it again after the death of the testator. The reason behind is
that, in order to assure that the will was not being falsified and alter by the person handling
thereof.
37
38
Art.103, P.D.1083
Page 29
1. a) Define and explain the following terms:
i) Succession

ii) Will

his estate, if there are heirs or the whole of it, if there are no heirs or distant kindred 40.
iii) Testamentary waqf (waqf-bil-wasiya)
death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary
disposition.41
b) What are the essential elements (rukn) of succession? Explain each briefly
i. The existence of the decedent; those if there is a person who died.

ii. 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
iii. 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
The following are the sources of the inheritance under Islamic law:
i. The Holy Qur’an; those the shares of the legal heirs was fixed in the revealed
books specially the sharers.
ii. 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.
iii. Ijma-al-Ummah; those refer to the consensus of the jurists when there is no
applicable rule express in the foregoing sources.
39
Art. 89, P.D. 1083
40
Art. 101, P.D.1083
41
Art. 104, P.D.1083
Page 30
iv. Custom or usages; those refer to the way accustomed by the people in distributing
the inheritance to the heirs in their shares.
b) Give at least three (3) principal reasons why under Islamic Law a male inherits double
the share of a female.
The following are among the reason why under Islamic law why a male inherit double the
share of female:
i. Male has a greater responsibility than the female in the sense that he is bound to
protect and secure his sister in times of trouble.
ii. Male is entitled to give customary dower should he wish to contract a marriage
while female is entitled to receive customary dower when someone wants to
marry her.
iii. Male are obliged to support his sister should their marriage was dissolved.
3. a) What are the impediments or disqualification to inherit under Presidential Decree

No. 1083? Explain each briefly
The impediments or disqualifications to inherit under Presidential Decree No. 1083 are as
follows:
i. slavery; It was one of the impediment to inheritance for the reason that during
the pre-Islamic Arabs, a slave is then considered the property of his master and
therefore, has no legal right to inheritance. Fortunately, it was already abolished.
ii. Murder or homicide; It is also an impediment to inheritance when someone
causes the death of the decedent. It was also reported that the prophet said that,
the murder shall not inherit.
iii. Difference of religion; it is again become an impediment to inheritance on the
basis of the tradition of the prophet that, the two people belonging to two
different faiths do not inherit from each other.42
b) May an apostate (murtad) inherit from the deceased Muslim relatives? If so, what
instance? Discuss briefly your answer.
disqualification.43
42
Arabani, 2011 ed., p.604-608
43
Art. 107, P.D.1083
Page 31
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.
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
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.
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.
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.
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.
Page 32
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)
Residuary in their own right are as follows:

b) Who are the residuaries in another’s right (asaba-bil-ghair)?
Residuary in another’s right are as follows:

7. a) What are the different modes of succession under Presidential Decree No. 1083?
Explain each mode briefly.
The different modes of succession in the P.D. 1083 are as follows:
i) By will; a person may by will, executed in the manner or form prescribed by

law, provides for the disposition of his properties within the limit set by this
code and upon his death, his property shall thus be disposed according to his
will.
ii) By operation of this code; when the deceased left no will or there being a will
but the same is declared invalid, then his estate shall pass to his heirs or
persons entitled there to, by operation of law in accordance with the rules laid
down under the code on legal succession.
iii) By combination of both; when although the deceased left a will but which
does not provide for the disposition of all his properties, then his estate shall
be settled partly according to his will and as regard to his other properties left
after satisfying his will, they shall disposed by operation of law in accordance
with the rules on legal succession.44
b) State the order of succession under Presidential Decree No. 1083. Explain briefly.
i) sharers; those whose shares are fixed and prescribed in the Holy Qur’an.
ii) Residuaries; those who are related to the decedent through male link.
They are entitled to the residue after the distribution of the fixed shares of
sharers.
44
Arabani,2011 ed., p 629
Page 33
iii) In the absence of the foregoing, the Distant kindred; those who are
excluded as sharer due to their female link;
iv) in default of the above, the acknowledge kinsman,
v) universal legatee, or public treasury, in that order.
8. a) What are the essential elements (rukn) of a will (wasiya)? Explain each briefly.
The essential elements (rukn) of a will (wasiya) are as follows:
i) the testator must be legally competent being of major age, of sound and
disposing mind and is not expressly prohibited under the Muslim Law to make
a will;
ii) It must be made freely and voluntarily and not in jest or under compulsion,
threat, duress or intimidation;
iii) It must be made in a manner and form which sufficiently and clearly show the
iv) The testator at the time of making the will must have properties over which he
v) 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.
Kinds of will (wasiya) under Presidential Decree No. 1083 are as follows:
i) Oral or nuncupative will, one orally made by the testator in a manner that
shows clearly the intention of the testator to execute it in the presence of at
least two competent adult Muslim male witnesses.
ii) Written will personally written by the testator himself, or by another under his
personal, supervision and control, done in a manner that shows clearly the
intention of the testator to execute it, in the presence of at least two
competent, credible and disinterested adult male witnesses.
iii) Holographic will, the term holographic will is described in the following
provision of the civil code, a suppletory law to the Muslim code, as follows: “a
person may execute a holographic will which must be entirely written, dated
and signed by the hand of the testator himself. It is subject to no other form,
and be made in or out of the Philippines and need not be witnessed”. However
unlike the holographic will under the civil code, the holographic will prepared
by a Muslim is under the present article of the Muslim code requires that it be
made in the presence of at least two competent, credible and disinterested
adult male witnesses.45
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.
W M 2D Al-khunta
45
Arabani 2011 ed., p.640
Page 34
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
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 the lesser share will reserved.
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?
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.
Page 35
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.
The reason behind why endowment for Islamic purpose is perpetual, irrevocable and
inalienable is that, the ownership of the endowed property was already transferred to everybody
where in no one can claim it as his own. Since, it is used by the public. The main purpose of
endowment for Islamic purpose is for the benefits of the poor.
Page 36
I. a) State the three (3) modes of acquiring ownership under Islamic Law and
define each other briefly.
The three modes of acquiring ownership under Islamic law are:

1.) Possession (ihraj) - Possession means acquisition, control or taking of a thing
without a known owner through hunting, fishing, treasure hunting or
occupation of an abandoned thing (res nullius).
2.) Transfer (naql) - Transfer means acquisition of a thing, its fruits or interests or the
principal thereof through sale, barter or exchange, gift (hibah), and waqf
(endowment).
3.) succession (khalf) - Succession is a mode of acquisition of a thing through
inheritance (mirath) or wills/bequest (wasiyah). Ownership by succession is
called Milkayyah bi khilafa succession is either;
i. Optional or Iktyariyyah , in the form of a will or bequest (wasiya); or
ii. Compulsory or Ajbariyyah, by means of the rules of inheritance under Islamic
law.
b) Give the distinction between wasiya (will) and waqf (endowment) and
their similarities, if any.
The distinction between wasiyah (will/bequest) and waqf (charitable endowment) are:
i. A wasiyah is a voluntary disposition or transfer of a property or his profits by a person

known as MUSI (LEGATOR) in favor of a legatee (MUSA LAHU) to extent of a one-third
of his estate and to take effect after the death of the testator/legator (MUSI). The
person to inforce and execute the wasiya is called the Wasi (Executor).
ii. A waqf is the transfer of the principal of valuable property to the ownership of ALLAH.
Generally for religious. Pious or charitable purposes for the benefit or certain
individuals or groups of person. It takes effect either during the lifetime or the
dedicator (waqif) of after his death.
iii. If the waqf is created with the condition that it shall take effect after the death of waqif, it
is called waqf-bil-wasiya (testamentary waqf) and partakes the nature of a
testamentary disposition or wasiya and is subject to the same conditions of the
disposable one third limitation and ratification by the heirs it in excess thereof. (See
Art.106, Muslim code).
iv. A wasiya and waqf-bil-wasiya are similar, except that in wasiya the purpose is for any
secular or legal purposes while in waqf, charitable purposes is always presumed.
v. Both require an executor or administrator, known as Wasi in Wasiya and Mutawalli

(manager) in waqf.
Page 37
vi. Both are also revocable during the lifetime of the testator (MUSI) or dedicator (waqil).
Subject to the disposable one-third limit of the estate or ratification by the co-heirs.
The heirs in both could be made beneficiary (legatee/musa lahu in wasiya or mauquf
alaih/alyhim in waqf).
vii. Both do not require particular formalities. But unlike wasiya, only the income of the thing
is expendable in favor of the beneficiary in waqf .
viii. Acceptance of the will/bequest by the legatee is essential in wasiya but not an essential
condition or requisite in waqf.
ix. In waqf bil-wasiya, acceptance of the will/bequest devolves upon the Mutawalli or
beneficiary institution in behalf of the intended beneficiaries
c) What is the difference between wasiya (will) and hibah (gift/donation) and
explain each briefly.
i. Wasiya takes effect after the death of the testator while in hibah, it always take
effect during the lifetime of the donor (giver) and donee (recipient).
ii. In hibah, there must be total renunciation by the donor of all his title and rights to
the property given with the immediate effect and without consideration by one
person in favor of another.
iii. The donor (giver) in hibah can only revoke the gift before delivery of possession
while the testator in wasiya can revoke the will anytime during his lifetime. But
once there is acceptance of the gift, It can not revoked by the donor.
II. a) Rakim died intestate or without leaving a will (wasiya). He left the following
properties, to wit: house and lot valued at P300,000.00; brand new car valued at
P200,000.00; a farm with fruit orchard valued at P100,000.00; house furniture at
P50,000.00; Ford Fiera at P45,000.00 and debts in the sum of P215,000.00. He is
survived by two (2) sons, a daughter, mother and a wife.
During the settlement of the estate, the daughter waived her claims to the
estate provided that she will have the Ford Fiera vehicle. Distribute the estate by
applying the appropriate rules on inheritance. Let us assume that all the heirs
agreed to the demand of the daughter.
Estate:
House and lot P300,000.00
Brand new car 200,000.00
Farm 100,000.00
Furniture 50,000.00
Ford Fiera 45,000.00
Less: debts - 215,000.00
------------------
P380,000.00
2S + D + M + W
Page 38
R + 1/6 + 1/8
(17/24 + 4/24 + 3/24 = 24/24)5/5
68/120 + 17/120 + 20/120 + 15/120 = 120/120
2S = 68/120 (P380,000.00) = P215,333.32 @ 107,666.66/each Son
D = 17/120 (P380,000.00) = P 53,833.33
M = 20/120 (P380,000.00) = P 63,333.33
W = 15/120 (P380,000.00) = P 47,500.00

-----------------
P380,000.00
a) Solution 1 (ford fierra is the share of the Daughter as agreed by them worth of P45,000.00):
Excess share of the Daughter to be distributed to 2S +M+W:
P 53,833.33 – 45,000.00 = P8,833.33
2S + M + W
R + 1/6 + 1/8
17/24 + 4/24 + 3/24 = 24/24
2S = 17/24 (P8,833.33) = P 6,256.94 @ 3,128.47/each Son
M = 4/24 (P8,833.33) = P 1,472.22
W = 3/24 (P8,833.33) = P 1,104.17

-----------------
P8,833.33
Therefore:
2S = P215,333.32 + P 6,256.94 = P221,590.26
@ 110,795.13/each Son
D = P 45,000.00
M = P 63,333.33 + P1,472.22 = P 64,805.55
W = P 47,500.00 + P1,104.17 = P 48,604.17

-----------------
P380,000.00
Page 39
b) Suppose that in the same problem, only the two (2) sons, the other daughter and
mother agreed but the wife objected. How will your distribute the estate? Please explain and
Excess share of the Daughter to be distributed to 2S +M:

P 53,833.33 – 45,000.00 = P8,833.33
2S + M
R + 1/6
5/6 + 1/6
2S = 5/6 (P8,833.33) = P 7,361.12 @ 3680.56/each Son
M = 1/6 (P8,833.33) = P 1,472.21

-----------------
P 8,833.33
Therefore:
2S = P215,333.32 + P 7,361.12 = P222,694.44
@ 111,347.22/each Son
D = P 45,000.00
M = P 63,333.33 + P 1,472.21 = P 64,805.54
W = P 47,500.00
-----------------
P380,000.00
III. What do you mean of bequest by operation of law? Is this recognized under the
Muslim Code? State the practice in Muslim countries, if you know.
The Code 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).
Yes. Generally under the Islamic law or in an Islamic State or Muslim countries, a non-
Muslim shall not inherit from his or her relative who are Muslims, but the Code
recognizes as stated above.
IV. Hadji Talib died without leaving an heir. However, he left an estate valued at
P500,000.00. He executed a will bequeathing his entire property to a charitable
institution for the building of school for the poor Muslim children of Campo Muslim,
Page 40
Zamboanga City. He has an unpaid debts in the amount of P10,000.00 and taxes in
the sum of P20,000.00. During the settlement of his estate, two (2) persons
appeared and presented their claims to the probate court. One claims that he is an
acknowledge son of the decedent while the other claims as an acknowledge
brother. If you were the judge, how will you decide this case? Please justify your
answer. Suppose that in the same problem, Hadji Talib did not leave a will. How
could you settle the estate? Also explain and justify your answer.
In this case Hadji Talib who died without leaving an heir and an estate valued at
P500,000.00 is only allowed to dispose by will not more than one third of his estate
after deduction of the unpaid debts of P10,000.00 and taxes of P20,000.00, indicated
as follows:
Gross Estate - P500,000.00

Less: Unpaid debts - 10,000.00
Taxes - 20,000.00
Total - 470,000.00
Less: Bequest - 156,666.67
NDE = P313,333.33
(net disposable estate) ==========
The net disposable estate of the Deceased Hadji Talib after deducting the debts,
taxes and bequest is P313,333.33. The amount of the bequest is arrived after
deduction of the debts and taxes by dividing the remaining value of the estate by
three or in the equivalent of P156,666,67.
In the absence of any surviving heirs like sharers and residuaries, the remaining
estate under Article 99 of the Muslim Code in further subject to the following order of
succession, to wit:
1) To the distant kindred (dhawil-ul-Arham) who are blood relatives in the absence
of sharers and residuaries, and
2) In their default, to the acknowledge kinsman, universal legatee, or public

treasury (bait-ul-mal), in that order.
If there are no distant kindred who are blood relatives. The remaining NDE is
supposed accrue to the universal legatee or the charitable institution in this case in
behalf of the poor Muslim children of Campo Muslim, Zamboanga City or will be
escheat in favor of the bait-ul-mal (Muslim Public Treasury), if there is any. But since
there are two (2) other heirs who appeared during the settlement of the estate, the
universal legatee or the public treasury and excluded. In this case, the acknowledge
son who falls under the category of a residuary of the first order (asaba bi nofs) under
Article 125(a) of the Muslim Code will exclude the acknowledged brother who is
excluded by a son or male descendant according to the rule of exclusion (Article
123(a))of the Muslim Code. If I were the Judge, this is how I will decide the case.
However, if in the same problem, Hadji Talib did not leave a will, the
acknowledged son as the lone surviving residuary heir of the first order, to the
exclusion of the acknowledge brother, will receive the entire net disposable estate
valued at P470,000.00.
V. What is the shortest period of pregnancy and the longest period as reported by
Imams Hanifa and Shafi’i? What is the normal period of pregnancy as agreed by
Muslim jurists for purposes of fixing the share of a posthumous child (el hamel) in
Page 41
inheritance? Would this problem in the light of the advances in the science of
medicine? Please explain briefly.
According to Imam Abu Hanifa, the shortest period of pregnancy (dat-ul-hamel) is

six (6) months and the longest is two (2) years. Imam Shafii reported that the longest
period of pregnancy is nine (9) months. This is agreed among Muslim jurists.
The better view, however, in determining the normal period of pregnancy before
the child is born, is to consider varying climatic conditions and geographic locations.
This will no longer be a problem today in view of the advances in the science of
medicine. Through the use of “ultra sound” and electronic gadgets, physicians are
able to determine and calculate the length of pregnancy and even the sex of the child
in the womb of the mother.
VI. Moner is a disavowed child (walad-ul-lia’an). But before his father died, the latter
retracted his vow and recognized him as his son. His father is survived by a wife,
(mother of Moner), father and full brother. The father left as estate worth
P60,000.00. In the instant problem, can Moner inherit from his father? How about
his mother? Distribute the estate of the decedent. Explain and justify your answer.
Yes, Moner can inherit from his father because his father retracted the vow and
recognized him. The mother of Moner cannot inherit because their marriage was
dissolved through Lian, means their mutual inheritance to each other was put into
end.
Son + F + GB
R + 1/6 + 0 (excluded in the presence of the son)
5/6 + 1/6
Son = 5/6 (P60,000.00) = P50,000.00

F = 1/6 (P60,000.00) = P10,000.00
---------------
P60,000.00
VII. Abdullah is soldier in the Saudi Army. He is one of those sent to the battle field
during the Gulf war. The war lasted for year. After the war nothing has been heard
of him. There is no information whether he died in the battlefield or that he was
taken as prisoner of war. Five years had elapsed and there was still no information
about the whereabouts of Abdullah. He left a property worth SR240,000.00 Saudi
Riyals. He is survived by his father, wife, two (2) daughters, two (2) full brothers and
five (5) full sisters. A petition was filed by one of the heirs before the Shari’ah Court
to declare Abdullah dead for the purpose of settling his estate.
a) If you were the Judge, what will be your decision? What is the status of
Abdullah?
The Code substantially provides the succession by absentee shall be

reserved until the lapse of ten years after which he shall be presumed dead by
decree of the Court.46 Furthermore, it provides that the extinction of personality
46
Art. 98, P.D. 1083
Page 42
in after an absence of seven years, it being unknown whether or not the absentee
still lives, he shall be presumed dead.47 Thus, these positions are intended for
ordinary presumption of circumstances.
In the case at bar, five years elapsed after he was sent to battle field which
indicated in an extra ordinary presumption of circumstances, hence, Muslim
jurists considered four years lapsed in a danger circumstances as an extra ordinary
of presumption. Therefore, Abdullah shall be decreed and presumed dead.
b) Estate = SR240,000.00
F + W + 2D + 2GB + 5GS
1/6+R + 1/8 + 2/3 + excluded by the F
4/24+1/24+ 3/24 + 16/24 = 24/24
F = 5/24 (SR240,000.00) = SR 50,000.00
W = 3/24 (SR240,000.00) = 30,000.00
2D = 16/24 (SR240,000.00) = 160,000.00 @ 80,000.00 each D

------------------
SR240,000.00
VIII. Jamal is married to Salima. While Jamal was in a state of death-illness (Marad-ul-
Maut), he divorced his wife Salima. Jamal later died of his illness while Salima was
still observing her idda. He left an estate worth P259,000.00 and debts in the
amount of P19,000.00. Settle the estate of Jamal. Suppose that Jamal died after the
expiration of the idda of wife Salima. Will she still be entitled to inherit? Explain and
The Code substantially provides that the husband who, while in a condition of
death-illness, divorces his wife shall not inherit from her, but she shall have the right
to succeed him even after the expiration of her 'idda.48 Therefore, Salima is entitled to
inherit from Jamal even after the expiration of her idda.
Estate = P259,000.00 – 19,000.00 = P240,000.00
Wife Salima = 1/4 (P240,000.00) = P 60,000.00

P180,000.00 (by reversion)
------------------
P240,000.00
IX. Karim died. He is survived by his mother, Habiba and two (2) full sisters, Mariam
and Sofia. He left a property worth P120,000.00. Distribute his estate by applying
the appropriate doctrine in the law of inheritance. Justify your answer.
47
Art. 11, P.D. 1083
48
Art. 96, P.D. 1083
Page 43
M + 2GS
1/6 + 2/3
1/6 + 4/6 = 5/6 (DOCTRINE OF RADD)
1/5 + 4/5 = 5/5
M = 1/5 (P120,000.00) = P 24,000.00

2GS = 4/5 (P120,000.00) =P 96,000.00 @ 48,000.00 each sister.
-----------------
P120,000.00
X. What do you mean by the following doctrines:
a) Radd (doctrine of return)
This is the reversion of residue. — If, after distributing the portions of the
sharers, a residue is left in the inheritance and there is no surviving residuary
heir, the same shall revert in its entirety to the lone sharer or to all the sharers
in proportion to their respective shares. However, the husband or the wife
shall not be entitled to any part of the reverted portion as long as there are
other sharers or distant kindred.49
M + 2GS
1/6 + 2/3
1/6 + 4/6 = 5/6 (DOCTRINE OF RADD)
1/5 + 4/5 = 5/5
b) Aul (doctrine of increase)
This is the reduction of shares. — If the totality of all the shares assigned to
each of the sharers exceeds the whole inheritance, the shares shall be reduced
proportionately.50
H + 2GS
1/2 + 2/3
3/6 + 4/6 = 7/6 (DOCTRINE OF ‘AUL)
3/7 + 4/7 = 7/7
c) Tas’heh (doctrine of correction)
Correction is only applied when the share of an heir or heirs co-existing

with the other heirs is lesser or different the lawfully fixed shares, by the Islamic
law. Such doctrine of correction is called by the jurists or the Sunni lawyers as
Tas’heh in Arabic which means formula of correcting the situation.
49
Art 130, P.D. 1083
50
Art 129, P.D. 1083
Page 44
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.
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]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 [1/3] = 7/672
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 as 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.
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
Page 45
b) Suppose that Harun died after the expiration of the ‘Idda of wife Zorayda. Will she be
entitled to inheritance? Explain and justify your answer.
Yes. Zorayda has still been entitled to inheritance even after the expiration of the iddah.
The law substantially provides that, The husband who, while in a condition of death-illness,
divorces his wife shall not inherit from her, but she shall have the right to succeed even after the
expiration of the iddah.
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.

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.
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,
51
Page 46
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.
The impediments or disqualifications to inherit are as follows:
i) slavery; It was one of the impediment to inheritance for the reason that during the
pre-Islamic Arabs, a slave is then considered the property of his master and therefore,
has no legal right to inheritance. Fortunately, it was already abolished.
ii) Murder or homicide; It is also an impediment to inheritance when someone causes
the death of the decedent. It was also reported that the prophet said that, the murder
shall not inherit.
iii) Apostasy; those if a person is professing a religion of Islam but change his religion to
another.
iv) 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.52
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.
The following shall be disqualified to succeed:
i) Those who have intentionally cause directly or indirectly the death of the decedent;
ii) Those who have committed any other act which constitutes a ground for
disqualification to inherit under Islamic law; and
iii) Those who are situated that they cannot inherit under Islamic Law.53
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.54
5. Give three (3) general classifications of heirs and enumerate those falling under each
category.
i) Testamentary heirs which consist of legatee and universal legatee.
52
Arabani,2011 ed., p.604-608
53
54
Art. 107, P.D.1083
Page 47
ii) Legal heirs consist of the sharers, residuaries, distant kindred, acknowledge kinsman,
and the public treasury.
iii) 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.
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,
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
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.
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.55
7. a) What are the essential elements of inheritance (arkhanui-mirath) and explain each
briefly.
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.
55
Arabani, 2011 ed., p.632
Page 48
b) What are the essential conditions or requisites (surut al mirath) of inheritance and briefly
explain each.
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.
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.
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.
Step 1.
WC F M FB FS
W S F FB FS
Page 49
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 greater 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.
Yes. Hamza can inherit from his father because he retracted his charge of adultery to his
wife Aminah. However, Aminah, mother of Hamza, cannot inherit to Abdullah since their mutual
rights of inheritance has already extinguish. Therefore the only left legal heir of Abdullah are his
son, Hamza and his father, Omar because his full brother will be excluded. Thus:
S = R = 5/6 (P 60,000.00)= P 50,000.00
F= 1/6 = 1/6 (P 10,000.00) = P 10,000.00
Page 50
1. a) What does inheritance include under the Muslim Code (P.D. 1083)?
The law so provides that, the inheritance of a person included all properties of any kind,
movable or immovable, whether ancestral or acquired either by onerous or gratuitous title as
well as all transmissible rights and obligations at the time of his death and those that accrue
thereto before partition (article 92, P.D.1083).
b) Give at least two (2) examples of transmissible rights and obligations of a deceased
person. Explain each briefly.
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.
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.56
b) What are the underlying reasons under Islamic Law why a male inherit double the share of a
female?
The following are among the reason why under Islamic law why a male inherit double
the share of female:
a) Male has a greater responsibility than the female in the sense that he is bound to
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.
56
Moctar, Haron factsheets, p.34
Page 51
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.
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.57
b) As a rule, an apostate cannot inherit under Islamic law. What is the exception, if there is
any? Support your answer.
disqualification.58
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.
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
57
Arabani,2011 ed.p.604-608
58
Art. 107, P.D.1083
Page 52
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.
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
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.
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.59
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.
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.
The different modes of succession under 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.
59
Art. 90, P.D.1083
Page 53
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.60
b) State the order of succession under P.D. 1083. Explain each briefly.
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
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.
4W + 2S + 2D
(1/8 + 7/8 = 8/8 ) 6/6
(6/48 + 28/48 + 14/48 = 48/48 ) 4/4
24/192 + 112/192 + 56/192 = 192/192
Therefore, the exact share of each:
4W = 24/192 (P240,000.00) = P 30,000.00 @ P 7,500.00 /each wife
2S = 112/192(P240,000.00) = P140,000.00 @ P 70,000.00 /each Son
2D = 56/192(P240,000.00) = P 70,000.00 @ P 35,000.00 /each Daughter

----------------
P240,000.00
b) Suppose in the problem above, Musa was survived by three (3) wives, two (2) sons and two
(2) daughters, would your answer be the same? Explain briefly.
60
Arabani, 2011 ed., p 629
Page 54
No. The share of the each wife will be increased from P7,500.00 to P10,000.00. The share
of the sons and daughters are the same with the above.
8. a) What are the different kinds or classes of residuaries in their own right? Give each
example.
The different kinds or classes Residuary in their own right are as follows:
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
however distant in degree; e.g. germane brother
b) What are the different kinds or classes of residuaries in another’s right? Give each an
example
The different kinds or classes of Residuary in another’s right:

9. a) In what instance or instances, if any, may a testator give by will all of his property?
Explain briefly.
The testator may give all his property by will when there is no surviving heirs. In the sense
that, No one can claim his estate. Thus, if he has left a child, he is still bound to follow the rules
that it must not be more than one-third of his property must be bequest by will.
b) May a testator bequeaths or devises a property which does not belong to him?
Explain briefly.
The testator cannot bequeath or devises a property which does not belong to him. In fact,
one of the essential elements of inheritance 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.
Page 55
a) Who among the persons mentioned above are entitled to receive the insurance proceeds?
Give reasons for your answer.
All the mentioned such as his wife, brother, sister and two children are entitled to receive
the insurance proceeds. Though his brother and sister as written in his beneficiaries, it does not
mean that they are only the person entitled the insurance. It just that, they are the one who are
authorize to claim it and they are bound to include it to the left property of the deceased as
mirath.
b) Who among the person mentioned above are entitled to inherit the house and the
three (3) parcels of land? Give reasons for your answer.
All the mentioned such as his wife, brother, sister and two children are entitled to the
house and the three parcels of land in a way 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.
Page 56
1. a) Define or explain the following terms:
a) Will

his estate, if there are heirs or the whole of it, if there are no heirs or distant kindred. 61
b) Testamentary waqf (waqf-bil-wasiya)
death of the donor (waqf-bil-wasiya) partakes of the nature of a testamentary disposition
(article 104, P.D.1083)
c) What are the essential elements (rukn) 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.
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.62
b) What are the underlying reasons under Islamic Law, why a male inherits double the
share of a female?
share of female;
61
Art. 101, P.D.1083
62
Moctar, Haron factsheets, p.34
Page 57
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.
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.
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)
Page 58
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 under P.D. 1083. Explain each briefly.
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,
operation of law in accordance with the rules on legal succession.63
b) State the order of succession under P.D. 1083. Explain each briefly.
in that order.
63
Arabani, 2011 ed., p 629
Page 59
5. a) Enumerate the Qur’anic heirs (Ashab-ul-furud) and give their respective shares in
accordance with the Holy Qur’an.
The Qur’anic heirs (Ashab-ul-furud) are as follows:
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.
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.
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?
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
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.
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
Page 60
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?
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
what he or she would have received without such disqualification (art. 107, P.D.1083).
b) Give the shares of those who can inherit. Give reasons.
2Wife Son 2Daughters
1/8 R
[1/8 7/8] 3/3
[3/24 21/24] 2/2
6/48 42/48
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.
No. Because one of the conditions that a conceived child may inherit is that he is born
alive. The law substantially provides that, a child conceived during the death of the decedent
shall considered an heir provided it be born later in accordance with Article 10; its corresponding
share shall be reserved before the estate is distributed. In connection with Article 10, the law so
provides, Birth determines personality but the conceived child shall be considered born alive,
however, briefly at the time it is completely delivers from the mother’s womb.
b) May the two (2) children who were born alive inherit despite the fact that their
father was already dead before they were born? Explain briefly your answer.
Yes. The two (2) children who were born alive may inherit despite the fact that their
father was already dead before they were born. The reason behind is that they comply the
condition given the P.D.1083 that they must be born alive.
Page 61
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.
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.
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.64
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.
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.
64
Art.103, P.D.1083
Page 62
1. a) Define succession under the P.D. 1083 otherwise known as the Code of Muslim
Personal Laws of the Philippines.
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?
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?
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.
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
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.
Page 63
No. The two (2) sons have no right over the property left by their father
because they executed a waiver in exchange of some amounts and movable
property, Nevertheless, during the lifetime of their father, no one of those sons
can questioned him regarding their father’s disposing of his property in any
ways.
b) What are the bases of the Muslim Law of Inheritance?
The following are the sources of inheritance under Islamic Law:
a) The Holy Qur’an
b) Hadith
c) Ijma al-Ummah
d) Custom or usages
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.
Yes. Omar have a right to inherit from his father by bequest of operation of law which
provides that, should the testator dies without having made a bequest in favor of any child of his
son who predeceased him, or who simultaneously dies with him, such child shall be entitled to
one-third (1/3) of the share that would have pertained to the father if he were alive.
b) Would your answer be the same if the one who predeceased Ibrahim is his daughter?
Explain.
No. When one who predeceased Ibrahim is his daughter, she cannot inherit to his
grandfather because the law did not give such opportunity to her as such of the son.
Page 64
5. a) What are the requisites of Islamic succession?
The essential conditions or requisites (surut) succession are as follows:
or presumptively died. In case of presumptive death, there must be a death certificate.
c) The successor must not be disqualified to inherit.( art.91, 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.
No. because the will left by Abuali is more than 1/3 of his estate. Thus, the said will can
only be valid unless the other surviving heirs ratified it.
2) Would your answer be the same if the amount of the bequest is P300,000.00?
Explain.
No. because, if the bequest is worth P300,000.00, it does not exceed to the one-third
rule of legacy by the testator.
6. a) Explain succession by illegitimate child under P.D.1083?
Under the law which substantially provides that, a child who was the cause of the
mother’s having been divorced by lian shall have mutual rights of succession only with the
mother and her relatives.
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.
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)?
Page 65
The characteristics Ronsing page 13 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.
2W S D
1/8 R
[1/8 7/8]3/3
[3/24 21/24]2/2
6/48 42/48
Therefore:
2W = 6/48 (P 8,000,000.00) = P 1,000,000.00
S = 28/48 (P 8,000,000.00) = P 4,666,666.67
D = 14/48 ( P 8,000,000.00) = P 2,333,333.33
8. a) What requisites must concur in order that a person can make a will (wasiya)?
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.
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).
Page 66
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.
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
b) What are the formalities which are required for the execution of a written will
(wasiya)?
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.65
10. a) What is meant by the probate of will? Explain.
Probate of will is the process of verifying the legality of a will. Under Islamic law, a will
must be 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.
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?
65
Arabani, 2011 ed., p.632
Page 67
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.
The following are the essential elements of inheritance:
i. deceased person;
ii. surviving heir(s) of the deceased person; and
iii. property left or estate of the deceased person.
b.) enumerate with brief discussion the essential requisites (shurut) of inheritance.
or presumptively died. In case of presumptive death, there must be a death presumption
decree of the court.
c) The successor must not be disqualified to inherit.(Art.93, P.D.1083).
c) Discuss the distinction of the two concepts.
In the absence of one of the essential elements makes the distribution or partition of the
estate become null and void while in the absence of one of the essential conditions or requisites
becomes irregular.
2. a.) what are the charges or liens on the estate of the decedent in the order of their
preference? Please discuss each briefly.
iii. The expenses for probate, administration and other judicial expenses; those referred
to the financial expenses use in the processes before the partition of the estate;
v. The legacies to the extent of the disposable one-third; thus refer to the will made by
the testator which shall not be more than one-third of his estate.
vi. Distribution of the shares among heirs; after all the deduction of the claims attached
to the estate of the decedent, the property will be divided to the legal heirs (Article
135, P.D.1083).
vii. Unpaid dower; those referred to the dower, if not fully paid before, during and after
marriage.
Page 68

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.
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.
The following are the essential elements for the validity of a will (wasiya) under Islamic
law:
i) the testator must be legally competent being of major age, of sound and disposing
mind and is not expressly prohibited under the Muslim law to make a will;
ii) It must be made freely and voluntarily and not in jest or under compulsion, threat,
iii) It must be made in a manner and form which sufficiently and clearly shows the
iv) The testator at the time of making the will must have the properties over which he
66
Page 69
v) 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 .
Kinds of will (wasiya) under Presidential Decree No. 1083 are as follows:
i) Oral or nuncupative will, one orally made by the testator in a manner that shows
clearly the intention of the testator to execute it in the presence of atleast two
competent adult Muslim male witnesses.
ii) Written will personally written by the testator himself, or by another under his
personal, supervision and control, done in a manner that shows clearly the
intention of the testator to execute it, in the presence of atleast two competent,
credible and disinterested adult male witnesses.
iii) Holographic will, the term holographic will is described in the following provision
of the civil code, a suppletory law to the 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).
c.) Can a minor represented by a guardian make a valid will? Please explain.
No. a minor represented by a guardian cannot make a valid will. Thus, the minor do not comply
with the requirements of making a will. The law says, no representation in any form.
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.
The law substantially provides that a child conceived during the death of the decedent
shall considered an heir provided it be born alive. Its corresponding share shall be reserved
before the estate is distributed. It also provides that birth determines personality but the
conceived child shall be considered born alive, however, briefly at the time it is completely
delivers from the mother’s womb.
b.) state the rule on fixing the share of a hermaphrodite (al-khunta al-musakal) in
inheritance.
The share in inheritance is based on the sex or gender of a hermaphrodite whether male,
or female or an undetermined. If it is a male, he will inherit as a male; if female she will inherit as
a female; if undetermined, it will inherit the lesser share considering as a male or female.
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
Page 70
foundation. His wife, father and mother survive him, settle the estate of Ismail. Please explain
and justify your answer.
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.
Yes. Provided that they have a sufficient evidence to comply with the requirements, that
the acknowledgement is manifested by the Abdu Samad’s acceptance in public that he is the
father and brother whom they did not question it and their relation did not appear impossible by
reason of disparity in age. In the case at bar, the acknowledged son will exclude the
acknowledged brother, thus the only acknowledged son will inherit the property after deducting
the unpaid taxes, funeral expenses and a one-third disposable from the property for the will.
Acknowledged son will get:
900,000.00 – 40,000.00 – 75,000.00 = 785,000 – 785,000 (1/3) = P523,333.34
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.
W S D
1/8 R
[1/8 7/8]3/3
Page 71
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.
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 Carla, a devout Christian, settle Jamel’s estate. Can Malik inherit from his father on
the ground that he remained a Muslim by heart, and that his conversion to another faith was
only for convenience so that he can marry Carla?
S + D + M + F
Step 1:
R + 1/6 + 1/6
12/18 + 3/18 + 3/18
8/18 + 4/18 + 3/18 + 3/18
8/54 as 1/3 + 46/54
Step 2:
4/18 + 3/18 + 3/18 = 10/18
4/10 + 3/10 + 3/10
(4/10 + 3/10 + 3/10) 46/54
8/54 (10/10) + 184/540 + 138/540 + 138/540 = 540/540
Therefore the share of:
s (Malik) = 80/540 x P600,000.00 = 88,889
d = 184/540 x P600,000.00 = 204,445
Page 72
m = 138/540 x P600,000.00 = 153,333
f = 138/540 x P600,000.00 = 153,333
Under the Islamic law, Malik cannot inherit from his father Jamel due to his denouncing
Islam for whatever the reason in comfort or in heart by intention or not. Difference of religion is
a bar from inheritance. However, he will be given one third what he would receive without such
disqualification for equity and humanitarian reason. Muslim Code provides in Article 3 paragraph
3 that nothing herein shall be construed to operate to the prejudice a non-Muslim.
9. Junaid died living a father, a mother, wife, his mother’s sister and a paternal uncle.
Junaid asset is valued at Php 240,000.00
a) Who are entitled to the inheritance and who are not? Please justify your answer.
Those entitled to inheritance are the father, mother and wife in the sense that they are all
sharers in which their share has been fixed by the Holy Qur’an and those who are not entitled to
inherit are the mother’s sister and paternal uncle, due to the mother’s sister cannot inherit
because she is a distant kindred and that, she can only inherit in the absence of the sharers and
residuary heirs, and the paternal uncle is excluded in the presence of the father.
b) What is the share of each heir?
F M W
R 1/3(Ri) ¼
3 1/3(3/4) 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.
Page 73
I will grant his motion on 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.
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
Page 74
2011 SHARI’A BAR EXAMINATION
1. a.) Give and explain the different kinds of succession.
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,
operation of law in accordance with the rules on legal succession (arabani,2011 ed.p 629).
b.) Discuss nuncupative and holographic will, and how their due execution be proved?
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.
in that order.
b.) state the primary heirs of the decedent who cannot be excluded to inherit, and who
those cannot exclude another heir.
The primary heirs of the decedent who cannot be excluded to inherit are:
Page 75
a) husband
b) Wife
c) Son;
d) Daughter
e) Father
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?
The effect is they shall be presumed died at the same time. The law substantially provides
that if as between two or more person who are called to succeed each other and there is a doubt
as to each of them died first. Whoever alleges the death of one prior to the other, shall prove the
same. In the absence such proof it is presumed that they died at the same time and there shall
be no transmission of right from one to 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.
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
c. who are entitled to inherit from Jasmin? Compute and give their share
Those entitle to inherit from jasmine are his mother and Germane brother. Thus, jasmine
estate is Php 1,500,000.00
a) Mother =1/3(Php 3,000,000.00) = Php 500,000.00
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?
The following are the sources of inheritance under Islamic Law:
Page 76
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.
share of female;
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.
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 iddah, will
she be entitled to inherit from her husband’s estate valued at Php. 600,000.00. Please support
your answer.
Yes, Zayda can inherit from her husband Muhaliddin and her divorce notwithstanding,
because their mutual rights of inheritance during iddah period remains enforceable, and an heir
to each other.
6. a.) give three (3) causes that a bequest may be rendered invalid.
The three causes that a bequest shall render invalid are:
Page 77
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.
A legatee is entitled to inherit under any of the following conditions:
a) That a legatee is not an heir of the testator;
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.
Article 136 of P.D. 1083 states the extent of the liability of heir for the debts of the
decedent and that is, it shall not exceed his hereditary estate.
b.) state the schools of law which the court takes into consideration in the settlement
and partition of the estate of a decedent.
The court shall take into consideration of the school of law of the decedent for the
probate of his will or for the settlement of his estate. If the decedent’s school of law or madhab
is not known, the shafi’i schools of law shall be given preference together with the rules of
procedure in the Shari’ah courts.
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.
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.
Hence;
Page 78
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.
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.
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-registered their marriage 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
a.) which law to govern for the distribution and settlement of the estate of Mariano?
Cite your legal basis.
The code of Muslim personal laws of the Philippines should govern the distribution and
settlement of the estate of Mariano. This is because when Mariano and his wife jointly converted
to Islam shall have the legal effect to their marriage as if the same had been performed in
accordance with the provisions of the P.D.1083 as clearly stated in Article 178 of the said code.
Page 79
b.) who among the heirs of Mariano are entitled to inherit, and who may not with him?
Cite the basis under the provisions of P.D. 1083 or Islamic Law.
Mariano’s wife, Corazon and his minor son Junior are entitled to inherit from the estate
as sharer and residuary heir, respectively. Since Mariano Junior is still minor, the provision of the
P.D 1083 for difference of religion to disqualify him to inherit cannot be applied. This is because
that under Islamic law all born is Muslim, and shall become non- Muslim only upon reaching the
age of maturity.
The elder son Manuel and the daughter Cristina are disqualified to inherit due their
religion. The bequest by operation of law under Article 107 of P.D. 1083 on difference of religion
is applicable only to spouses, and cannot be applied to them. However, they will be given one
third what they would receive without such disqualification for equity and humanitarian reason.
Muslim Code provides in Article 3 paragraph 3 that nothing herein shall be construed to operate
to the prejudice a non-Muslim.
Page 80

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1983 SHARI’AH BAR EXAMINATIONS ON

SUCCESSION, WILLS/ADJUDICATION AND SETTLEMENT OF ESTATE

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

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

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

The following are the legal heirs of the decedent;

The following are those disqualified to inherit:

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

First, consider the conceived child as a son:

Second, consider the conceived child as a daughter:

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

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

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

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

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

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

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

According to Imam Abu Hanifa, the shortest period of pregnancy (dat-ul-hamel) is

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

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

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

Succession is a mode of acquisition by virtue of which the estate of a person is

Will is a declaration where by a person is permitted, with the formalities

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

2. Enumerate the disqualifications to succession.

The following shall be disqualified to succeed:

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

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

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

5. a) What is the testamentary waqf?

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

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

The following are entitled to inheritance as sharers:

i) The husband, the wife;

The following are entitle to 1/3 of the shares

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

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

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

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

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

8. a) Define residuary heirs.

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

R ¼ excluded excluded 1/3 (Ri)

Therefore, falls on Umaryattan case:

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

The following are those who can inherit:

b) A person died leaving a son, a daughter, a consanguine brother. The hereditary

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

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

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

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

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

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

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

c) Distinguish the two concepts.

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

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

The following are cannot be totally excluded:

b) Residuaries ROR, RAR, RTA

a) Residuary in their own right:

b) Residuary in another’s right:

c) Residuary together with another

1/6 ½ 2/3 ¼ 1/3 1/8

True grandfather Son’s daughter Germane sister Uterine