Write about how the Qur'an is used with the other three sources in Islamic law.

Mark scheme

Marking points from the official mark scheme (Oct/Nov 2014). The mark or mark type is shown in brackets.

1. [10] Candidates should write about the primary sources, Qur'an and hadith, and secondary sources, ijma' and qiyas, and how they are used together. 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; 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; they are used when the Qur'an is silent on a matter; e.g. inheritance given to grandmother, or eating animals with canine teeth; Hadith are important because the Prophet was the final and perfect messenger to follow; hadith of Mu'adh ibn Jabal; they are interlinked so are the two main (primary) sources. When neither of the primary sources offer answers, then ijma' and qiyas can be used. These are used mainly for issues that did not arise at the time of the Prophet; ijma' is the consensus of opinion of scholars; some issues they have to deal with have been, at the time of the caliphs, the compiling of the Qur'an and more recently, the permissibility of IVF. Qiyas is analogy, when one Islamic ruling is compared with another to derive a new ruling for a new issue. Examples of this could be the use of cocaine being prohibited on the basis that intoxicants are prohibited. Candidates could mention the elements of qiyas, asl, far', 'illa and hukm. The secondary sources do not contradict the primary sources but rather use the primary sources as a basis for their answers.
2. [4] Candidates should be careful not to give statements, but try to qualify their answers with some reasoning. The primary sources contain everything that is the basis for Islamic law, but as time passes new issues arise which are specific to this time, which need an answer. Those who are learned in Islamic law can make new rulings, based on Qur'an and sunna, but using 'ijma or qiyas. Candidates should choose one of these sources and not only say why it is important but give an example using a new issue that has arisen, such as smoking, using the internet, drugs, etc. It is important otherwise Muslims would not know how to react to these new issues.