Write about the way in which the Qur'an and Sunna are used in Islamic Law.

Mark scheme

Marking points from the official mark scheme (Oct/Nov 2021). The mark or mark type is shown in brackets.

1. Use the AO1 Marking Grid
2. Candidates may include some of the following information. All other relevant information must be credited.
3. The Qur'an is the foremost authority in Islamic Law as it is the word of God. It contains the main teachings and guidance for humankind about Islam, in matters of faith and worship, rulings relating to what is right and wrong, family life, etc. It is considered as the final message sent by God, so it is therefore complete in its teaching and guidance.
4. It is also protected by God and so is unchangeable in its teachings and rulings: 'We have, without doubt, sent down the Message; and We will assuredly guard it (from corruption).' [Sura 15.9]. Therefore, it cannot be questioned or contradicted by the other sources.
5. The Sunna is the Prophet's example and is recorded in the Hadith. The Prophet (pbuh) was said by Ai'sha to be a 'walking Qur'an' and said, “Verily, the character of the Prophet of Allah was the Qur'an."
6. Qur'an and Hadith are interlinked so are the two main (primary) sources. Used together they identify the main principles of morality and action. Therefore, they are the authority for the foundation of legal matters.
7. The Qur'an also states the importance of following the example of the Prophet (pbuh) [Sura 3.31–32]. Say, 'If you love God, follow me, and God will love you and forgive you your sins; God is most forgiving, most merciful. Quran also states' Say, 'Obey God and the Messenger,' but if they turn away, [know that] God does not love those who ignore [His commands].
8. The Qur'an and Hadith do not contradict each other, but rather complement one another, as the Hadith emphasise and expand on verses in the Qur'an. For example, zakat and salat are mentioned in the Qur'an but the way in which they should be performed is detailed by the Hadith.
9. The Qur'an clearly prohibits interest, however, the Prophet (pbuh) explained what constitutes interest after observing the tactics of traders in the markets.
10. Hadith are also used when the Qur'an is silent on a matter, for example, inheritance given to grandmothers is not specifically mentioned in the Qur'an, but it is explained by Hadith.
11. The Qur'an mentions things that are not to be eaten, but the Hadith provides elaboration, for example, saying that anything with fangs and talons can't be eaten. The meat of donkeys being haram is also derived from the Hadith.
12. Hadith provide exceptions to the absolute rulings of the Qur'an, for example, the Qur'an asks to cut the hands of thieves, whereas the Hadith provide all rules regarding exceptions, such as the amount stolen, which hand should be cut and where it should be cut.
13. Similarly, the matters not established by the Qur'an such as punishment of certain offences like drinking, etc., were settled through the Hadith of the Prophet (pbuh).
14. Description or details or examples of ijma or qiyas are not relevant.
15. Use the AO2 Marking Grid
16. Candidates may include one of the following examples. All other relevant information must be credited.
17. Candidates can provide other examples but should elaborate on the significance of the example used. Some of the issues they may write about are:
18. Nail polish - using analogy from the Hadith where Ai'sha had flour on her nails which prevented her from making ablution (wudu'), scholars have said that nail polish is a similar barrier and whilst it is on nails, ablution won't be valid. This is significant because purification is required for prayer, so those who want to wear nail polish need to take this into consideration. It is significant because wearing nail polish is fashionable and many people want to wear it, but anyone wearing it would have to remove it before wudu'. Due to the desire to wear it without compromising religious practices, 'breathable' nail polishes have become available on the market.
19. Intoxicants - using analogy from the Qur'an which says intoxicants, particularly from grapes, are impermissible, scholars have deemed other intoxicants which have a similar effect to be impermissible too. Alternative examples include other types of alcohol, even if not made from grapes, and drugs that make a person lose control of their senses. This is significant because there are now many different types of alcohol and drugs that have been created, and so it gives Muslims a clearer idea of what they need to avoid.
20. IVF – using ijma, scholars deemed IVF as permissible, despite it being a very invasive procedure, although restrictions were also made regarding the donors who should only be the married couple seeking to have children. This is significant for Muslims now, as there are many couples who are not able to conceive naturally, and it offers them a chance to have a family without feeling that they are going against their religious beliefs.
21. Candidates could also give examples of two adhans, during Friday prayers or marriage prohibition to grandmother and granddaughter.