Describe the method used to make a judgement by analogy (qiyas) using the Qur'an and Hadith. Give examples to support your answer.

Mark scheme

Marking points from the official mark scheme (Oct/Nov 2020). The mark or mark type is shown in brackets.

1. [10] Analogical reasoning or qiyas is the fourth source of Islamic law-making, the use of which has been justified by both the Qur'an and the Prophet (pbuh). In response to this question candidates need to write about the three elements necessary to make a sound analogy, using the Qur'an and Hadith, which are: • Asl (root): the fundamental teaching • Far' (branch): the new matter in question • 'illa (the link): that connects them. By relating these together, it is possible to arrive at a new judgment, the hukm. An example that could be given by candidates is: The Qur'an forbids all sorts of trading after the call to prayer on Friday till the completion of the Friday prayers (asl). By analogy, all kinds of transactions (far'), e.g. sales, holding meetings, getting married, etc. are forbidden (hukm) as they distract Muslims from Friday prayers (‘illa). It is important that the asl must always be from the Qur'an or the Sunna of the Prophet (pbuh) or by ijm'a. An example from the Hadith that could be given is: The Prophet (pbuh) said: 'Every intoxicant is khamr (wine) and every intoxicant is forbidden.' (Abu Daud) Asl: The Qur'an and Hadith prohibiting khamr Far': The use of intoxicants other than khamr also prohibited in Islam 'Illa: They, like khamr, contain the properties of being intoxicants Hukm: Therefore, the use of every substance that causes intoxication is banned in Islam. Examples based on teachings from the Qur'an, Sunna or ijm'a could be given to support the answer. If candidates give more than one example it could be read as detail and development in the answer. Some answers may include the conversation between the Prophet (pbuh) and Mu'adh ibn Jabal in which the Prophet (pbuh) encouraged him to make qiyas and this can be read as development of the answer.
2. [4] Candidates need to give an evaluative response here saying why the Prophet (pbuh) encouraged the use of personal reasoning amongst his Companions. It could be said that he was aware that issues or problems could confront his community where they may not be a clear-cut answer in the primary sources but he believed if the principles laid out in them were followed a correct decision could be reached. Some candidates may give the example of his conversation with Mu'adh ibn Jabal in this part of the answer and it can be given as development of the answer.