Outline the roles of the following in formulating Islamic law: (i) The Prophet's Hadiths (ii) Consensus (ijma')

Mark scheme

Marking points from the official mark scheme (Oct/Nov 2015). The mark or mark type is shown in brackets.

1. (a) The Hadiths of the Prophet are the most important source of Islamic law after the Qur'an and give a fuller teaching of what is said briefly in the Qur'an. In some instances the Qur'an is silent and the Hadiths are solely responsible for formulating legislation. Examples can be given by the candidates to develop the points e.g. the laws of inheritance being determined in the light of the Prophet's Hadiths or the punishment for adultery or robbery could be given in the light of the Prophetic Hadiths. Candidates could also develop the answer by giving examples of how immediate successors used their knowledge of Hadiths to help them when deciding legal matters. In this answer candidates need to also say how ijma' plays a role in the formulating of laws. How the Prophet used ijma' during his time, how the successors applied ijma' after the death of the Prophet could be cited here with a few examples of law being derived from this source could be given in the answer.
2. (b) Candidates should not just describe what qiyas is but focus their answer on why some Muslim scholars have questioned the use of qiyas. They could possibly say that identifying the 'illa (cause) as the link between asl (root/fundamental teaching) and far (branch/new matter in question) can depend on the insight and ingenuity of the individual expert, as he identifies the link, other experts may disagree with him and there may be major divergences of opinion, especially if some see one link 'illa, between the asl and the far', and some see another and say that this is a major reason why Muslim scholars question the use of qiyas. Candidates could give an example to explain this point though it is not necessary to get to the top level. Shi'i Muslims have expressed more unease with the use of qiyas than many Sunnis, because qiyas can be subjective and in its place accept the use of aql/reason which is the judgment of the legal expert on the basis of the Qur'an, sunna, and consensus. Shi'is have always agreed that the duty of the expert is to keep to the way set by the Imams in making decisions. It is possible to reach the top mark by giving either the Sunni or the Shi'i view. It is the clarity in the answer which will gain the higher levels.