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- (a)Write about the function of the Qur'an and Sunna as the two primary sources of Islamic law.[10]
- (b)Why do you think the Qur'an and Sunna are not the only sources of Law and are supplemented by ijma' and qiyas? Give examples to support your answers.[4]
Mark scheme
Marking points from the official mark scheme (Oct/Nov 2017). The mark or mark type is shown in brackets.
- [10] (a) 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; they don't contradict each other but rather they complement one another; the Hadith emphasise and expand on verses in the Qur'an; e.g. zakat is mentioned in the Qur'an but the way in which it should be given is detailed by the Hadiths; Hadith are used when the Qur'an is silent on a matter; e.g. inheritance given to grandmother is not specifically mentioned in the Qur'an, but is explained by Hadith; 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. Used together they identify the main principles of morality and action. This is why they are the authority for the foundation of legal matters. Good answers will give a detailed account of the link between the two sources, as well as any differences, how they are used and their importance to the Islamic legal system. Better candidates will include specific examples and quotations.
- [4] (b) Candidates can offer a variety of answers to this question, but marks should be given for the quality of the reasoning given for their answer. They could say, e.g. that all eventualities could not have been put in the Qur'an and Hadith. The Prophet's life was an example of the Qur'an, and the way that Islam should be lived, and so was limited to the norms and culture of that time. Now there are advancements in ideas and technology that need clarification, so 'ijma and qiyas are required for these new issues, but they have to be based on original rulings, and therefore on the Qur'an and sunna. Better answers will give examples of issues that are not covered solely by the Qur'an and Sunna and require the use of 'ijma or qiyas.
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