Islamiyat · Oct / Nov 2024 · Paper 12 · Question 2

Describe how the four sources of Islamic Law work with each other in law making.

Use the AO1 Levels of Response.

Candidates should include some of the following points. All other relevant points must be credited.

The four sources of Islamic Law are the Qur’an, the sunnah, ijma‘ and qiyas; two primary sources and two secondary sources.

The Qur’an is an authority in Islamic law; it is the word of God. It is not questioned or contradicted by the other sources. It contains the main teachings and principles of Islam by which Muslims should live. The Qur’an is protected by God therefore its words and rulings cannot be changed until the end of time.

The sunna is the Prophet’s example and is recorded in the Hadith; these emphasise and expand on verses in the Qur’an, e.g. zakat. The Qur’an commands Muslims to follow the Prophet (pbuh). The Hadith are used when the Qur’an is silent on a matter, e.g. inheritance given to a grandmother is not mentioned in the Qur’an but comes from Hadith. The Hadith are important because the Prophet (pbuh) was the final and perfect messenger to follow; the Hadith of Mu’adh ibn Jabal reflects this. They are interlinked and are the two main (primary) sources.

When neither of the primary sources offer answers, then ijma‘ can be used. This is used mainly for issues that did not arise at the time of the Prophet (pbuh).

Ijma‘ is the consensus of opinion of scholars. It has its basis in the Qur’an and Hadith: ‘My community will never agree upon an error’. Some issues dealt with by ijma‘ have been, at the time of the caliphs, the compiling of the Qur’an, the second adhan at Jumʿah as well as prohibition of marriage to

grandmother and granddaughter and more recently, the permissibility of IVF. Scholars meet together and discuss the new situations and decide on a matter taking various factors into consideration, mainly that the decision does not go against the Qur’an and sunna.

Qiyas is analogy, when one Islamic ruling is compared with another to derive a new ruling for a new issue, by scholars who are experts in Islamic sciences. The original ruling is the asl, and the new ruling is far’. The experts should look at what the linking cause is between the two (‘illah), before making a new ruling (hukm). Examples of this could be the use of cocaine being prohibited on the basis that intoxicants are prohibited. ‘Illa can be taken from Qur’anic injunction, the Hadith, or ijma‘.

The secondary sources do not contradict the primary sources but rather use the primary sources as a basis for their answers.

To what extent is the use of ijma‘ and qiyas more important today than in the past?

Use the AO2 Levels of Response.

Candidates can give other examples and all relevant answers should be credited.

Rapid changes in technology and in modern life have led to an increasing need for the use of ijma‘ and qiyas making them more important now than before. Without it, Muslims may have been left behind when having to use new modes of transport, technology such as computers or the internet, and new types of medicines/medical treatments, etc.

These secondary sources have been useful to determine the things that Muslims are allowed to use without having to compromise their beliefs or faith. A good example is the use of the internet, which is something the world has become dependent on, and if it wasn’t for ijma‘ or qiyas and it was not deemed permissible for Muslims to use, it would have a big impact on the development of Muslims and their everyday lives.

Therefore, these two sources give solutions to Muslims within the parameters of Shari’a.

Alternatively, ijma‘ and qiyas have always been used, therefore their importance is still high. They are not more important than in the past but still important. Some Muslims might place more emphasis on using their own judgement (ʿaql).

Give an account of the Prophet’s migration (hijrah) from Makka to