Islamiyat · Oct / Nov 2022 · Paper 21 · Question 2

Hadiths and the Qur’an are the primary sources of Islamic Law. Describe how the two are used together in law-making.

Use AO1 Levels of Response.

The rulings given in the Qur’an serve as the basis of all Islamic law and cover all aspects of life. These rulings however are not in depth and the Hadiths of the Prophet (pbuh) are referred to because they add the depth and detail to the rulings. For example, details for rules of inheritance, marriage, fasting, prayers etc. can all be found in the Hadiths whereas they are only mentioned in the Qur’an.

The use of the Sunna and Hadith are therefore indispensable in the practice of Islam and the Qur’an itself, in many verses, stresses upon the need to follow the Prophet’s practice.

‘So, take what the Messenger gives you, and refrain from what he prohibits you’ (Al-Hashr, 59:7).

The Prophet (pbuh) was sent to convey the message of God to humanity and to act upon it himself and explain it to the people. He therefore must be followed as the one who explains the Book, as the law giver, judge and ruler.

The Hadith of the Prophet (pbuh) also serve as a valid source of law to legislate in matters where the Qur’an is silent, or where a verse needs explaining or when it comes to restricting the meaning of a verse. In verse 38 of Sura Maidah, it says: ‘As for the thief, male or female, cut off his hand or her hand; an exemplary punishment from Allah for their crime. Allah is Mighty, Wise.’ The Prophet (pbuh) explained the verse by saying, ‘the hand should be cut off for (the theft of) a quarter of a dinar or more’(Bukhari).

However, because the cutting off a hand is a serious matter, it should not be executed for any case of theft. A combination of conditions must be met before a thief’s hand is cut off.

Other examples of the Prophet’s Hadiths could be given as supplementing the Qur’anic verses.

The Hadith help Muslims to fulfil the requirements of their faith in various areas of their lives be it legal, social, economic or political matters as well as in matters of religion. For without them the Muslims would be unable to fulfil their primary obligations of fasting, praying, giving zakat, performing hajj. Candidates to develop their answer could say here that the instruction to offer salat is in the Qur’an but Muslims fulfil this Pillar by following the practice of the Prophet (pbuh) who said: ‘Pray as you see me praying’ and that ‘No salat is complete without al-Fatiha’.

The above is guidance to what can be expected in answers. All valid examples must be credited.

In your opinion, why is consensus (ijma’) important in the Muslim world today? Give reasons to support your answer.

Use AO2 Levels of Response.

Responses should say why ijm’a is important in the Muslim world today not give a description of it.

It could be said that ijm’a creates unity in the Muslim world, and that with its use Muslims can be certain that what they are given permission for or the ruling made is in line with the Qur’an and Sunna.

Examples can be given to develop the answer and make a strong evaluative response.