Outline the use of secondary sources of Islamic law (shariah).

Mark scheme

Marking points from the official mark scheme (May/June 2025). The mark or mark type is shown in brackets.

1. [5] A01 - Knowledge and understanding
2. Answers may include some of the following ideas, but all valid material must be credited.
3. • The Qur'an is the word of God, and the Hadith a source for Muhammad's sayings, actions and approvals, the Sunnah. These are the primary sources of Islamic law (shariah), and if these clearly teach something then there is no need to use any secondary source.
4. • Secondary sources should never contradict the Qur'an and Hadith.
5. • Secondary sources can add to, clarify and make explicit established teachings.
6. • Consensus (ijma'), the agreement of scholars, can be used when the primary sources are unclear or do not cover a matter.
7. • If consensus (ijma ') is not possible, analogy (qiyas) can be used to compare a new situation with an existing teaching to help find a way forward and give guidance to Muslims.
8. • Other secondary sources such as the habits of the Medinans and local cultural practices ('urf) may be considered, but never above the primary sources of Qur'an and Hadith.
9. • Many Muslims regard it as the preserve of scholars to use secondary sources so that they know they are well versed in the primary sources and do not make any new interpretation to detract from them.
10. [10] A01 – Knowledge and understanding
11. Mark according to the AO1 – 10-mark levels of response marking grid for knowledge and understanding.
12. Answers may include some of the following ideas, but all valid material must be credited.
13. • Reasoning (aql) literally means intellect and is used as a secondary source to derive rulings in Islamic law (shariah). It is considered a means to connect human beings to God using the rational intellect of the human mind. It may be defined specifically in jurisprudence as dialectical reasoning.
14. • The word reasoning ('aql) is used in verb form in the Qur'an, rather than reasoning ('aql) on its own. Therefore, in Islamic law (shariah) reasoning ('aql) is used not to claim any divine understanding but to use intellect to make sense of signs in nature and scriptures, to better help Muslims understand them.
15. • As a secondary source, reasoning ('aql) is not needed where the primary sources of the Qur'an and Sunnah (through the Hadith) provide guidance and rulings. However, where they do not and a new situation is faced, after attempt is made to gain scholarly consensus (ijma'), then reasoning ('aql) may be employed.
16. • There are traditions of using reasoning ('aql) from Sunni and Shi'i sources, but a larger number of Shi'i scholars use it, especially those of the Twelver Shi'i sect who believe their Imams are empowered to make guidance to help their people in the time before the Twelfth Imam returns to guide them.
17. • In Sunni sources, al-Ghazali acknowledged reasoning ('aql) as the foundation of the believer but focused his efforts on understanding the intellect of the Prophet (pbuh), thereby limiting its use by later scholars.
18. • Some limitations are placed on people able to carry out reasoning ('aql). Many law schools insist an Islamic scholar considered qualified to make authoritative teachings (mujtahid) is the appropriate person to exercise reasoning ('aql) because they can do so in the wisdom of knowledge gained by years of study of the Qur'an and Hadith and Islamic law. This ensures their intellect is in accordance with traditional teachings.
19. • Imam Jafar al-Sadiq, who founded the Jafari law school used by many Shi'i Muslims, described reasoning ('aql) as the sacred realisation of God's love through intellect and incorporated this into his law school. Therefore, any ruling derived through intellect should not be oppressive and should be given in the spirit of loving care for the community of followers.
20. • Reasoning (aql) opens 'the gates of individual interpretation (ijtihad)' (al-Ghazali) and this has always been used by those who employ reasoning ('aql), especially from Shi'i sources. Sunni sources often prioritise analogy (qiyas) and therefore claim the 'gates of individual interpretation (ijtihad) are closed' soon after the time of the Prophet (pbuh) and his companions (sahaba).
21. [10] AO2 - Analysis and evaluation
22. Mark according to the AO2 – 10-mark levels of response marking grid for analysis and evaluation.
23. Answers may refer to any Islamic religious theory or teaching. Candidates may propose, analyse and evaluate some of the following arguments. All relevant arguments must be credited.
24. Definitions
25. • Reasoning ('aql) literally means intellect whereas analogy (qiyas) is analogical deduction, using precedence from something which has a similar cause. These are both used as secondary sources of Islamic law.
26. Similarities
27. • Reasoning ('aql) and analogy (qiyas) as secondary sources are never used in contradiction to existing or established rulings, where they have been proven with reference to the Qur'an or Hadith primary sources.
28. • Both employ the use of primary sources to make deductions and support rulings. Where reasoning ('aql) and analogy (qiyas) fill a gap in knowledge not covered by primary sources, quotations from primary sources are used to justify the intellect shown or the analogy.
29. • There is a variety of use of both, by different scholars, and it is untrue to say all Shi'i use reasoning ('aql) and all Sunni analogy (qiyas). Imam Hanifa encouraged the use of analogy (qiyas) for Sunnis, and this was also supported by Imam Shafi, but opposed in general by Imam Hanbal and by Imam Bukhari, the collector of Hadith, who said that if the Prophet (pbuh) did not know something he remained quiet and did not engage in speculation through intellect.
30. Differences
31. • Reasoning ('aql) does not restrict the use of intellect in the same way as analogy (qiyas): it is not necessary to find comparisons within the framework of similar causes. Intellectual endeavour can therefore be used more freely.
32. • Many scholars, particularly from a Shi'i perspective, rejected analogy (qiyas) because they felt that many different and potentially divisive interpretations could be deduced. Reasoning ('aql) made in context of scholarly learning inspired by the authority of the line of Imams was considered more unifying.
33. • Reasoning ('aql) traditions are very much alive and have always been made according to Shi'i sources, whereas Sunni use of analogy (qiyas) has been quite varied with some arguing that it essentially supports personal interpretation (ijtihad) and should therefore be restricted.
34. Conclusions
35. • Conclusions might make a personal judgement about the extent of difference and similarity between the two approaches.