Updated CH 2 Ijma, Qiyas, Four Sources

Pakistan International School Jeddah English Section
Academic Year: 2022–2023
Islamiyat 0493
Notes and Guidelines
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Class/ Section
Chapter 6 History and Importance of Hadith
Secondary Sources of Islamic Law

Topics • Ijma (Consensus of Opinions)
• Qiyas (Analogical deduction)
© 2022-23 PISJES All Rights Reserved Page 1 of 26

History and Importance of the Holy Qur’an
Generic Guidelines
➢ These notes are consisted of outlines OR the complete answer.

➢ Outlines are based on the IGCSE requirements with the reference of PPQs and guidelines
with examiner report for the relevant topics.
➢ These notes will serve the students as a mind map, in order to form a well-developed answer.
➢ Students are required to use the given key points to develop the response in their own
words.
➢ For some topics notes are given in complete paragraph form to give idea how to develop the
answer
➢ References are also included within the notes to help students memorize
Ijma (Consensus of Opinions)

Guidelines to Attempt the Question
Question related to Ijma requires a comprehensive detail about the meaning and definition of
the term itself, proofs from Quran and Sunnah, the types of Ijma must be well-elaborated.
People who are eligible to do Ijma and the examples of both old and modern times must be
included. Following is suggested outline of this topic for a well-developed response.
General Outline
Introduction of ijma
• literal meaning
• definition
• secondary source
• When Ijma is applicable?
Proofs from Quran and Sunnah

Examples from Quran and hadith
Two broad kinds of Ijma

• Matters of belief
• Legal matters
Legal matters are in turn divided to

• Explicit Ijma
• Tacit Ijma
Conditions of Ijma
List of conditions that makes ijma valid or invalid
People who are eligible to apply Ijma
Examples of Ijma
• Practice of consensus in Prophet’s time
• Practice of consensus during Caliph’s time
• Modern Ijma Examples
Note: The points mentioned above will only be mentioned as per question requirement

Following is the sequence to attempt the question related to the Ijma
(Consensus of Opinions)
Paragraph 1
Introduction
• Ijma comes from the word jamun or jam’at which means collecting or gathering)
• It is a Secondary source of Islamic law and is only applied if Quran and Sunnah are silent
• It is defined as:
A unanimous agreement of all Muslim jurists of a particular era, on any legal issue which has not
been related to the Quran or the hadith after the demise of Prophet (SAW)
• Reasons why ijma was started / came into being:
Due to Islamic expansion with the passage of time, scientific and technological evolution new
problems arose solution of which cant be found in Quran and sunnah, so here Ijma was
necessary.
Paragraph 2
Proof from Quran (ijma is based on Quran + reference)
The Qur’an says:
• “Take council with them in the conduct of the affairs”. (Aal-Imran 3:159)
• “And who ever opposes the Messenger after guidance has become clear to him and followed
other than the way of the believers- We will give him what he has taken and drive him into Hell”
(Surah Nisa 4:115)
• “O ye who believe! Obey Allah and Obey the Messenger and those charged with authority
among you. If ye differ in anything among yourselves, refer it to Allah and His
Messenger…” (al-Nisa’(4:59)
• This ayah proves the validity of Ijma through the contrary meaning of “If you differ in anything…”
which implies that, if you don’t differ, then you are upon truth.
Proof from sunnah (reference)

• “Verily my Ummah will never agree on error and the hand of Allah is upon the community”
(Tirmidhi)
• Ijma forms a law and disobeying it is unlawful
Paragraph 3
Categories of Ijma
There are two broad kinds of consensus (Ijma) consensus of matters of beliefs and consensus of legal
matters.
• First is general agreement of all Muslims in matters of beliefs. These are backed up by Quran
and sunnah.
• Second kind of ijma concerns legal matters. Its agreement among a group of Muslims about an
issue on which the Qur’an and sunnah have not given a final word.
Legal matters are in turn divided in to:

Legal matters are in turn divided to explicit ijma and tacit ijma.

• Explicit Ijma (ijma Sarih)
• Explicit Ijma is one in which the legal opinions of all the jurists of one period coverage in relation
to a legal issue, and each of them states his opinion explicitly. It may take place when all the
jurists are gathered in one session and an issue is presented to them and they collectively
express a unanimous opinion. It may also take place when an issue is raised in a certain period
and all the jurists in turn issue similar fatwa’s independently and at separate times.
• Example: One of the examples of such ijma is the election of Abu Bakr (RA). This consensus
was done on the basis of the Prophet’s decision of granting some important responsibilities to
him in his life like; he was appointed Ameer ul Haj by Prophet SAW and led the congregational
prayer as per Prophet SAW’s instruction near his demise.
• Example of Tacit or silent ijma (Ijma Sukuti)

Tacit Ijma takes place when some mujtahid issues a verdict on a legal issue and the rest of the
mujtahids come to know of it during the same period, but they keep silent, neither acknowledges
it nor refuses it expressly.
Example: One of the examples of such ijma is women’s driving in KSA. Consensus was done,
where some scholars gave tacit ijma.
• Prophet Muhammad (SAW) never prohibited women from riding horses or said anything that
supports the restrictions.
• Instead of depending on non-mahram driver, women better drive herself as a hadith supports it
in the words, “No man is alone with a woman but the third one present is the shaytaan”
[At-Tirmidhi,]
Note: However, there are still some scholars who disagree with this ruling
Paragraph 4
People who are Authorized to Form Ijma
• There is a difference of opinion amongst legal expert s about who is qualified to practice
Ijma.
• Different schools of thought have different opinion. Some believe that the residents
of Medina can authorized. Some believe that only the Prophet’s (pbuh) his companions,
rightly guided caliphs are authorized to form ijma.
• According to Shi’a Muslims ijma’ of jurists of the same period as the Prophet (pbuh) or the
Shi’a Imams is binding. The agreement of the Muslim community at large can also
constitute ijma’.
• In modern times, Jurists who are experts on legal matters, have good command of the
knowledge of Quran and Sunnah are considered authorized to form ijma.
Paragraph 5
Examples of ijma
Example: Practice the use of Ijma by Prophet (SAW)
• Prophet (SAW) practiced the use of Ijma in various times like;

In battle of Trench he took opinion of a Persian slave for building the trench.
• In battle of Uhud he followed the opinion of majority who opted for fighting outside the city
of Madinah.

Example of Ijma by companions
During the Caliphate period of Abu Bakr (RA) the decision of compiling Quran was taken after
the consensus. The Quran that Muslims have today in compile from is the result of ijma.
During the Caliphate period of Umar (RA) Tarawih prayer decided to be prayed in congregation
in the month of Ramadan. The consensus was done on the basis that Prophet prayed tarawih
only 3 or 4 times in congregation in his life time.
During the Caliphate period of Uthman (RA) as Islam expanded it was decided by the experts to
have two calls for Friday prayer.
At the time of the Prophet (SAW), there was one adhan, with the iqamah. When the Prophet
came out to deliver the khutbah and lead the prayer, the mu’adhdhin gave the adhan, then the
Prophet delivered the two khutbahs, then the iqamah would be given.
But then the people’s numbers in Madinah increased at the time of the Rightly Guided Caliph
Uthman ibnÀffan (may Allah be pleased with him), so he decided to add the another adhan. It is
called the first adhan, and is given to alert the people to the fact that this day is Friday, so that
they may prepare themselves and hasten to the prayer before the regular adhan that is given
after the sun has passed the meridian.
Example of Ijma in Modern time: (Mention at least three examples if question requires)
• Extension of Masjid Haram.

Extension in construction is based on considering the limitation to some certain points.
• Extension of timing for Jamarat

Timings extended considering the consensus of safety precautions.
• Donation of organs
Deceased organ donation is permissible in principle, providing all requirements have been
met to indicate that the soul has departed the body. Quran says: “If anyone saves a life, it is
as if he saves the lived of all humankind.” (Maida). Thus, many Muslims understand from
this verse that donating one’s organs is a blessed act.
• Smoking being Haram
In view of the harm caused by tobacco, growing, trading in and smoking of tobacco are
judged to be haram. Quran says: “Don’t make your own hands the cause of your
destruction” (Surah Al Baqarah 2:195)
• The permissibility of IVF treatment
The in-vitro fertilization (IVF) a medical treatment for parents who face infertility issues. Only
permissible as long as both parents’ cells are used in treatment.
Covid 19 Restrictions
• Mask during umrah: It was decided that wearing mask in Ihram does not cover the entire face
but rather cover part of it.
• Distance in pray due to covid: According to Sharia law congregants are to stand shoulder to
shoulder in mosque. But given the COVID-19 pandemic, standing at a distance from each
other is permissible in order to avoid spreading the disease.

‘Ijma (Consensus)’
Part ‘A’ (10 marks Question)
Students are required to recall, select and present relevant facts from the main elements of
the faith and history of Islam in part ‘A’.
Past Paper Questions, Examiner Report, and Marking Scheme
‘My community will never agree upon an error’. The Prophet’s Hadith encourages the use
of consensus of opinion (ijma’). Outline:
• what consensus of opinion (ijma’) is, and how many kinds of ijma’ there are;
• who is qualified to practise it;
• give examples of how the Prophet and the Rightly Guided Caliphs practised ijma’.
[10] 22-May/June-2017
Examiner Report
Part (a) of this question was asking the candidates to write about a couple things in relation to
ijma. What ijma is was explained by almost all. How many kinds of ijma there are was a part that
candidates struggled with and not many gave a response. Who is qualified to practice ijma was
well approached by many candidates. The Mark scheme gave a range of people who were
qualified to practice ijma and many candidates were able to cover most of them, some however
spoke of jurists and scholars and went on to elaborate on their qualities.
Candidates who gave examples of the practice of ijma was a section that was well attempted and
earned marks.
Marks were given keeping in mind the overall strength and comprehensiveness of the answer.
Marking Scheme
The basis of ijma’ can be found not only in the ahadith but also in the Qur’an: ‘You are the best
of the people evolved for the mankind enjoining what is right and forbidding what is evil’ (Al
Imran 3:110).
The word ijma’ itself means collecting or gathering or unanimity and is a secondary source of
Islamic law. It is referred to when there is no clear teaching in the Qur’an or sunna but is always
in harmony with the primary sources of Islamic law.
There are two broad kinds of ijma’, the first is the general agreement of all Muslims in
matters of belief and the second one is related to legal matters and can be defined as an
agreement among a group of Muslims about an issue on which the Qur’an and sunna have
not given a final word.

There is a difference of opinion amongst legal experts about who makes up this second
group of Muslims.
• According to some it is agreement amongst the residents of Madina.
• Others think it is the Prophet’s (pbuh) Companions whose ijma’ is valid as they
were the most knowledgeable after the Prophet (pbuh) in matters of Islamic law.
• Yet others believe it should be the Rightly Guided Caliphs.
• According to Shi’a Muslims ijma’ of jurists of the same period as the Prophet (pbuh)
or the Shi’a Imams is binding.
• Another opinion is that ijma’ should be done by jurists who are experts on legal
matters.
• Whilst yet another view is that the agreement of the Muslim community at large
constitutes ijma’.
Examples:
• The Prophet practised ijma’ during his lifetime
• During the battles of Uhud and Trench.
• Examples of ijma’ practised by the Rightly Guided Caliphs:
o The compilation of the Qur’an during Abu Bakr’s caliphate
o The reestablishment of tarawih prayers in the caliphate of ‘Umar
o The adhan of Jumm’ah during the time of ‘Uthman

“Ijma”
Part ‘b’ (4 marks Questions)
Students are required to demonstrate understanding of their significance in the teachings
of Islam and in the lives of Muslims in part ‘b’
Past Paper Question and Marking Scheme
1. (b) What is the importance of consensus (ijma’) in the Muslim world today? Give reasons
for your answer. [4]
22-May June-2020
Marking Scheme
An evaluative response is needed here. Responses should say why ijma is important in the
Muslim world today not give an account of it. Answers could say that it creates unity in the Muslim
world, Muslims can be certain that what they are given permission for, or the ruling made, is in
line with the Qur’an and Sunna.
Examples can be given to develop the answer and make a strong evaluative response.

2. (b) Why do you think the Prophet practised and encouraged the use of ijma’? [4]
22-May June-2016
Marking Scheme
Here, candidates need to give a personal view of why they think the Prophet (pbuh) practised
and encouraged the use of ijma’. They could well say that the use of ijma’ in legal thinking is
based on a number of verses in the Qur’an which indicate that the community has been
given authority because it is upright and follows the guidance of God and the example of the
Prophet (pbuh). They could also say that ijma’ was encouraged as it was safeguarded by the
agreement of leading Muslims/experts who could say whether or not a principle was in
harmony with the Qur’an and sunna. All valid answers should be credited.

3. (b) How is the use of ijma’ (consensus) important to Muslims today? [4]
12 – Oct Nov – 2012
Marking Scheme:
Good answers here will be able to mention briefly what ijma’ is – consensus of opinion of
scholars, and go on to talk about how this is important for Muslims today.
Candidates could mention that there are circumstances in which the Qur’an and sunnah do
not give definitive answers and so new rulings are required, however, ordinary Muslims now
are not well versed enough in the Qur’an and sunnah, and so rulings made by reliable
scholars allow them to continue following the principles of Islam. They could also mention
that Islamic rulings depend on the unity of Muslims so there has to be agreement with the
scholars.
Best answers may include relevant examples to show how ijma’ could have an impact in
Muslims’ lives.
4. (b) How easy is it to use ijma in Islamic legal thinking today? [4] 21 – Oct Nov – 2012
Marking Scheme
Candidates could simply say that as ijma is the consensus of the majority opinion of Muslim jurists
it is thus binding on Muslims and leaves no room for controversy. They could substantiate their
answer with an example.
However, others could state that scholars differ in their definition of ijma or whose ijma should be
accepted and hence it is not as straight forward to follow. Examples of these different opinions
could be given.
All valid answers must be credited.

Past Paper Question Marking Scheme
5. (b) ‘My community will never agree upon an error’. In your opinion why is this Hadith
important for the practice of consensus (ijma)? [4] 22 – Oct Nov– 2013
Marking Scheme
The focus of the answer needs to be on stating the candidate’s views on the importance of
the Hadith given in the question for the practice of ijma. It could be said that the Hadith gives
legitimacy to the practice of ijma whereas another viewpoint could be that when a group of
scholars well versed in the teachings of the Qur’an and Hadith reach a decision in the light of
the primary sources of Islamic law their chances of reaching a wrong decision are rare.
Some strong candidates could develop the answer even further by saying that ijma of one
generation can be revised by another which helps to keep Sharia laws in tune with the times.
All valid answers are to be credited.
6. (b) What is the importance of consensus (ijma) in Islam? [4] 02 – May June – 2011
Marking Scheme:
Candidates should not describe what Ijma is but focus their answer on the need for importance
of consensus having to judge on issues which are not clear in the Quran and Hadiths of the
Prophet. Examples of Ijma can be given by candidates.
Excellent answers may well discuss Ijma as a democratic principle in Islam

Qiyas (Analogy)
Start the question related to Qiyas by giving comprehensive detail about the meaning and
definition of the term itself along with proofs from Quran and Sunnah. The components of Qiyas
in the current issues example must be well-elaborated. The examples of both old and modern
times must be included. Following is suggested outline of this topic for a well-developed
response.
General Outline
Introduction of Qiyas
• literal meaning
• definition
• secondary source
• When Qiyas is applicable?
Proofs from Quran and Sunnah

Examples from Quran and hadith
Along with reference
Components of Qiyas
Asal, Fara’a, I’lla, Hukm
Rules of Qiyas
Shia’s use of Aqal (reason) and brief details
Examples of Qiyas
• Example of Qiyas by Caliph Ali (RA)
• Modern Examples of laws derived by Qiyas
Note: The points mentioned above will only be mentioned as per question requirement

Following is the sequence to attempt the question related to the Qiyas
(Analogy)
Paragraph 1
Introduction
• Root meaning of the word qiyas is measuring, accord and equality. It is to make two things
equal
• Qiyas is defined as “the legal method to apply the laws of Holy Qur’an, Hadith and Ijma to new
Islamic issue on the basis of a common reasoning”
• It is an analogical deduction from the first three sources of Law.
• Reasons why Qiyas was started / Who started it:
Due to Islamic expansion with the passage of time, scientific and technological evolution new
problems arose solution of which can’t be found in Quran, sunnah or Ijma, so here Qiyas was
necessary.
• Imam Abu Hanifa was the first to adopt Qiyas for formulating law
Paragraph 2
Proof from Quran (Qiyas is based on Quran + reference)
• Quran repeated commands to ponder, observe and analyze over Allah’s signs, the universe.
It encourages to use analogical and critical thinking
Allah says:
• “So, take a lesson O people of insight.” (Surah Al Hashr 59:1)
• “There are signs in this for people who understand”. (Al Ra’ad 13:4)
Proof from sunnah (reference)
Prophet (SAW) himself practiced the use of critical thinking.
• Prophet (SAW) used Analogy in his fatwa of declaring Hajj as a debt that should be paid by
the heirs. He pointed out this principle to the people and taught them its use.
Once a woman came to Prophet (SAW) and stated that her mother vowed to perform Haj
but she died before fulfilling her vow. She enquired whether she should perform Hajj on her
behalf. Prophet (SAW) related this to paying debt for deceased person.
It is mentioned in the following hadith narrated in "Sahih Al-Bukhari": “A woman from the
tribe of Juhaynah came to the Prophet (SAW) and said, ‘My mother had vowed to
perform Hajj, but she died before performing it. May I perform Hajj on her behalf?’ The
Prophet (peace be upon him) replied, ‘Yes, perform Hajj on her behalf. Tell me, if your
mother had left a debt, would you not repay it? So, repay the debt owed to Allah, as
Allah has more right to be repaid.’”
• Prophet (SAW) encouraged it in his lifetime. It is reported that the Prophet asked Muàdh
upon the latter's departure as judge to the Yemen, questions in answer to which Muàdh told
the Prophet that he would resort to his own ijtihad in the event that he failed to find guidance
in the Qur'an and the Sunnah, and the Prophet was pleased with this reply.
The Prophet (SAW) asked Mu’adh bin Jabal when he was deputed to Yemen as a
governor, “How will you decide when a matter comes to you for decision?” He
replied, “I shall decide according to the Book of Allah” The Prophet (SAW) said “If
you do not find it in Book of Allah?” Mu’adh said “then according to the Sunnah of
the Prophet” He asked “If you find nothing there in” “then I will exert myself to form
my own judgment, Mu’adh replied” (Tirmidhi and Abu Daud)
• According to another tradition the Prophet (SAW) said to Abu Musa Al-‘Ashari:
“Judge upon the book of Allah, If you do not find in it what you need, upon the
Sunnah of the Prophet (SAW) and if you do not find in that, then use your personal
opinion. (Sunan Abu Dawood)
Paragraph 3
Components of Qiyas
• There are four elements of Qiyas
1. The ORIGINAL CASE (asl), on which a ruling is given in the text and analogy seeks to
extend it to a new case.
2. The NEW CASE (far’), on which a ruling is needed.
3. The EFFECTIVE COMMON CAUSE (‘illah), which is an attribute (wasf) of the original case
and it is found to be in common between the original and the new case.
4. The RULE (hukm), governing the original case which is to be extended to the new case.
Rules of Qiyas (mention only if the question specially asks for)
✓ Person must be qualified

✓ Cannot work in matters of belief
✓ Must be based on Quran and Sunnah
✓ Should not be based on another Qiyas
✓ Cannot be in matters already decided by Quran and Sunnah
✓ Must not be contrary to the Quran and Sunnah
✓ Proper rules should be followed
Shia’s use of Aqal (reason) and brief details

The Shias do not accept Qiyas as they believe that if the solution of a problem can’t be found in
Quran and Sunnah, then aql (reasoning) should be applied to deduce solution from the Qur’an,
sunnah and consensus. They view the use of Qiyas as being an innovation which can easily lead
the user to erroneous conclusions regarding matters of Fiqh. There book even clearly forbids the
use of Qiyas.
Paragraph 4
Examples of Qiyas
Example of Qiyas by Caliph Ali (RA)
Ali applied Qiyas when he suggested punishment of 80 lashes to a drunkard. ‘Umar RA asked his
asked about a man drinking wine. Ali RA advised him to flog the man with eighty lashes on the
basis that when he drinks, he becomes intoxicated, and when he becomes intoxicated, he
talks confusedly, and when he talks confusedly, he lies. Eighty lashes is the same amount
as for slandering. So, Umar RA gave eighty lashes for drinking wine. (Muwatta)
This is based on a Quranic verse “Those who accuse the chaste women (of fornication), but
they do not produce four witnesses, flog them with eighty stripes” (Surah Nur 24:4)

Modern Examples of laws derived by Qiyas
• Examples of laws derived by qiyas
i. Prohibition of every drug e.g., LSD, cocaine
Quran says about intoxicants: “O you who believe! Intoxicants and gambling, sacrificing
to stones……shun them so that you may prosper”. (Maidah 5:90)
Prophet SAW: “Every intoxicant is Khamr, every Khamr is Haram” (Abu Daud)
These references clearly prohibit use of wine (Asal). The Qiyas was done on new kinds of
drugs like Narcotics, Marijuana, etc. (fara’a). The common cause between both Asal and Far’a
was the intoxicating effects produced by these new drugs (I’lla). Hence, by analogy all
kind of intoxicants are forbidden (hukm)
ii. Prohibition of transactions during Friday prayer

The Quran says: “O you who believe (Muslims)! When the call is proclaimed for the Salât
(prayer) on Friday come to the remembrance of Allâh and leave off business that is
better for you if you did but know”. (al-Jumuah, 62:9)
It forbids selling or buying goods after the last call for Friday prayer until the end of the prayer
(Asal). By analogy (Hukm) this prohibition is extended to all kinds of transactions (fara’a), as
the effective cause, diversion from prayer (illa), is common to all.
iii. Prohibition of Wudu with nail polish

In a tradition narrated by Ayesha RA that the Prophet SAW said, that if flour dried on the
nails and water had not reached any portion of that nail, wudu would not be considered
to have taken place (asal). Applying this to nail polish (far’a), wudu is not considered to have
taken place (Hukm), as the nails remain dry (‘illa).
iv. Permissibility of blood test while fasting

Taking blood sample for medical test (Far’) during the fast would not invalidate it, as
undergoing Hijamah treatment (Asal) during the fast does not invalidate it either. In
conclusion, it is permissible to undergo Hijama while fasting (Hukm) as in both the blood is
extracted for medical reasons (‘Illah).
v. Staying outside Mina during Hajj

In case someone doesn’t find a place in Mina during Hajj, it is permissible (Hukm) to stay
outside the boundaries of Mina (Far’), similar to how it is permissible to pray outside the
Masjid if it is full inside (Asal) as there was unavailability of any space inside the appointed
place of worship (‘illah).

‘Qiyas (Analogy)’
Past Paper Questions, Examiner Report, and Marking Scheme
2 (a) Describe the method used to make a judgement by analogy (qiyas) using the Qur’an and
Hadith. Give examples to support your answer. [10] 2020 – Oct Nov – 21
Examiner Report
The question asked the candidate to describe the method in which qiyas is practiced and to give examples
to support their knowledge to show development of their answers.
It was not clear from answers that candidates clearly understood qiyas as there was a lack of coherence in
answers. Content should have included an introduction to qiyas, how qiyas was a secondary source of law
making, that it should never contradict the first three sources, that it was based on the teachings of the
Qur’an and Sunna. Not all candidates used the terminology asl, far, illa and hukm, few clearly expressed
the process in their examples.
Some candidates did confuse ijma and qiyas and were unable to do well in this compulsory question.
However, some very good answers were seen. These were full of examples that were relevant and not
always commonly used by candidates.
Marking Scheme
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.

“Qiyas”
Past Paper Question, Examiner Report and Marking Scheme
1 (b) Why do you think the Prophet (pbuh) encouraged the exercise of personal reasoning
amongst his Companions? [4] 2020-Oct Nov-21
Examiner Report
In part (b) of the answer the focus should have been on why the Prophet (pbuh) encouraged his
Companions to exercise qiyas. Sound reasoning to back up the point of view given in the answer
would have, and did, enable candidates to get higher levels in this question.
Some candidates did not understand the question and wrote about the importance of qiyas or wrote
about the difference between ijma and qiyas. Those who understood the requirement of the
question and knew what qiyas was, were able to put forward good answers.
Marking Scheme
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.

2 (b) Why do you think some scholars do not favour the use of qiyas? [4]
2019 – Oct Nov – 11
• Qiyas is comparing a new issue with an old ruling to arrive at a new ruling.
• Some scholars have said that this involves too much of a person’s own opinion to be creditable.
They argue that relying on personal opinion in law-making would mean that each individual could
ultimately form their own subjective conclusions. This would mean that they could make decisions
for their own benefit and not for the benefit of society/Islamic community. Shi’a scholars reject the
use of qiyas.
• Candidates could say that the majority of scholars do allow the use of qiyas but there is a
preference for ijma’.
• Candidates could mention that it is a source used when others do not offer guidance,
and compares an existing accepted situation with a new one. There is more individual thought that
goes into the decisions than with primary sources.
• Better answers will mention why it’s rejected by some scholars, due to the varying and conflicting
answers that can be given.

3. 3 (b) Why are some Muslims not in favour of the use of analogy (qiyas) in solving present
day issues? [4] 22-May June-2017
Marking Scheme
• Candidates could say that some Muslims may feel reluctant with the use of qiyas in solving
present day issues because an element of personal judgment comes into it which they feel may
not be reliable.
• Answers could say that it depends very much on the ability of a legal expert to find comparisons
between two principles and because it is practised by individuals it makes some Muslims
uneasy.
• Some others e.g. Shi’a Muslims may feel that it relies on the opinion of one individual which can
be subjective and hence be reluctant to use it.

4 (b) ‘By using the principle of analogy (qiyas) the basic laws of Islam can be applied at any
time and in any case.’ Do you agree? [4] 2016 – Oct Nov – 21
Marking Scheme:
• Candidates can either agree or disagree with this statement. Those who agree can say that
new rulings can be formed for any new circumstance, based on their basic similarity with the
basic laws of the Qur’an and sunna. In this way the divine laws revealed in the Qur’an
and sunna remain unchanged without becoming outdated. The fundamental laws were made
by God who created man and knows what’s best for him at all times. For changing aspects of
human life, the Qur’an and sunna provide basic principles which may be applied by analogy
whenever the need arises e.g. the issue of drugs could be cited, cocaine was not present in
the Prophet’s (pbuh) time so is its use allowed? The Prophet (pbuh) had said, ‘Every
intoxicant is khamr, and every khamr is haram’ so every intoxicant is unlawful is a conclusion
that could be derived at by the use of analogy.
• Some answers may put forward an opposing argument stating that some schools of thought
may disagree with the given statement as qiyas depends very much on the ability of a legal
expert to find comparisons between two principles, and because it is practised by individuals
it causes unease to some Muslims as it does not have the same broad support, as the other
three sources. Whatever the view of the candidate it needs to be backed with evaluation to
get the higher level.

Past Paper Question Marking Scheme
5 (b) Some Muslim scholars have questioned the use of analogy (qiyas) in Islamic law. Why
do you think they have done so? [4] 2015 – Oct Nov – 22
Marking Scheme:
• 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. Give an example to explain this
point.
• 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.
6 (b) Give an example to show how the Qur’an could be used in the exercise of qiyas (analogy) to
face a new situation. [4] 01-Oct Nov-2010
Marking Scheme
For this part candidates should be able to give a brief account of what Qiyas is, but the example is
the important part of the answer.
Candidates should give an example that can clearly be shown to be using Qiyas, so there should
be a fundamental teaching (from the Quran), a new matter in question, and a linking cause that
connects them

Four Sources of Islamic Law
Question related to “Four Sources of Islamic Law” requires a comprehensive detail about the
meaning and definition of the term itself, proofs from Quran and Sunnah, the components of
Qiyas in the current issues example must be well-elaborated. The examples of both old and
modern times must be included. Following is suggested outline of this topic for a well-developed
response.
General Outline
Introduction
Introduction of Qur’an (definition, Importance in brief and reference)
Introduction of Sunnah (definition, Importance in brief and reference)
• Example of Quran and Sunnah relationship
Introduction of Ijma (definition, Importance in brief and reference)

• Example

• Example
• Components of Qiyas

Following is the sequence to attempt the question related to the Four Sources of Islamic
Law
Paragraph 1
Introduction
• There are four sources of Islamic law, Holy Quran, the Sunnah/Hadith, Ijma and Qiyas.
• All these are interlinked and utilized while making laws.
• The Quran and Sunnah are collectively called primary sources while the other two ijma and
Qiyas are known as secondary sources since they depend on the primary sources.
Paragraph 2
Introduction of Qur’an (definition, Importance in brief and reference)
• The divine revelation (the Holy Quran) is the foremost, most reliable and unquestionable
source.
• It is the most authentic, comprehensive book contains laws of all spheres regarding to Islam.
• Its rulings are absolute and eternal. In the Holy Quran Allah says:
“This is the book in it is guidance without doubt to those who fear” (2:2).
• It is the direct word of Allah hence its purity is doubtless. Allah promised to protect the Holy
Quran Himself. “We have without doubt revealed the reminder and we will guard it”
(15:9)
• The Quran contains all the fundamental directives and instructions of Allah including the
principles relating to all the aspects of social and cultural life of human being individually and
in whole community.
• The Quran is the last and complete edition of divine guidance and this is the only book of
Allah which has not been distorted.
Introduction of Sunnah (definition, Importance in brief and reference)
• The second primary source of legal thinking in Islam is Sunnah. It comes next to the Quran.
• Sunnah literally means the sayings and actions of the Prophet (S.A.W) or approval of
actions of others by him.
• It is detailed interpretation of the Quranic teachings and therefore never clashes with the
Sunnah. The Sunnah, for example, guides us about the details of format, number of Rakat of
daily prayer and finer details regarding Zakat and other pillars of Islam.
• Then the legislation may solely be derived from the Sunnah as Allah says in the Holy Quran
“Nor does he speak of his own desire and he follows whatever has been inspired by
him and revealed to him” (Al-Najm).
• For Example
Muslims are commanded to pray Salat and pay Zakat but it is not mentioned in the Holy
Quran that how to pray and how much to offer Zakat, it’s the Sunnah of the Prophet (S.A.W)
that gave a clear description of such laws pertaining to Zakat and Prayer as Holy Prophet
(S.A.W) himself said “Pray as you see me offering prayers” (Sahih Bukhari).

When neither of the primary sources offer answers, then ijma and qiyas can be used.
Today ijma’ and qiyas are used mainly for issues that did not arise at the time of the
Prophet (SAW).
• Ijma is the third source of Islamic legal thinking. It is consensus of opinion of scholars. In
the terminology of religion, Ijma means consensus of the companions of the Prophet (SAW)
or Muslim jurists of a particular age, on legal matters about which Quran and sunnah are
silent, after the demise of Prophet (SAW).
• The Holy Prophet (S.A.W) said “Gather together the righteous from among my
community and decide the matter with their council and do not decide it by any man’s
opinion” (Abu Daud).
• Ijma of the scholars signifies the importance of the legislation in the Muslim community. Ijma
is considered as sufficient evidence for the implementation of the Islamic law because the
Prophet (S.A.W) himself said “My community will not agree unanimously on an error”
(Tirmidhi).
Examples of Ijma
• The Holy Prophet (SAW) trained the Suhabah to consult and take opinions before any
important matter. He consulted his companions about matters that were not concerned with
religion like consultation for the battle of Uhad, because Allah commanded him to do that.
“Take council with them in the conduct of affairs.” (Al Imran 3:159).
• Those knowledgeable about Islamic Law decide on new matters such as IVF based on what
they know already from the Qur’an and hadith, and then agree on a ruling.
• More recent examples of Ijma includes the permissibility of IVF, the expansion of Masjid al
Haram due to the growth of Muslim Ummah, consensus of Muslim scholars that it is
forbidden to play role of the Prophet (SAW) in movies and TV shows, the ijma of
International Islamic Fiqh Academy under the Organization of Islamic countries unanimously
permitted the transplant of organs from a dead body to a living person, and the Ijma of
scholars to declare a patient as deceased if the brainstem of such patient dies, even if other
body systems are functioning. This was the decree of the Islamic Fiqh council.
Introduction of Qiyas (definition, Importance in brief and reference)
• Qiyas is the fourth source of Islamic legal thinking. Qiyas is an analogical deduction
from the above three sources of law. Qiyas is analogy, when one Islamic ruling is compared
with another to derive a new ruling for a new issue on the basis of some common similarity
between the Primary sources and the new issue.
• It basically resorted in respect to problems about which there is no specific provision in the
Holy Quran or Sunnah of the Holy Prophet (S.A.W).

• In case when something needs a legal ruling but has not been clearly addressed in other
Islamic sources, judges may use (Islamic Scholars) analogy, reasoning and legal precedent
to decide new case when a general principle can be applied to new situation e.g., the
scholars have developed detailed principles of analogical deduction or Qiyas in the book of
Islamic laws.
• Qiyas, like ijma, is required to be in in accordance with the primary sources of Islamic law.
Here, an individual legal expert works by finding a similarity (illah) between the new
situation. Since it involves of a lot of individual effort, it is sometimes not encouraged by the
scholars.
Components of Qiyas
• There are four elements of Qiyas
1. The ORIGINAL CASE (asl), on which a ruling is given in the text and analogy seeks to
extend it to a new case.
2. The NEW CASE (far’), on which a ruling is needed.
3. The EFFECTIVE COMMON CAUSE (‘illah), which is an attribute (wasf) of the original case
and it is found to be in common between the original and the new case.
4. The RULE (hukm), governing the original case which is to be extended to the new case.
Example of Qiyas
The example of the Qur'an (al-Ma'idah, 5:90), which explicitly forbids wine drinking. If this
prohibition is to be extended by analogy to narcotic drugs, the four pillars of analogy in this
example would be:
asl Far’a Illah Hukm

Prohibition of Consuming new Causing same effect Prohibition of all
drinking wine in kinds intoxicants of intoxicant such new kinds of
surah Maida such as narcotics, drugs
marijuana, etc.
• The secondary sources do not contradict the primary sources but rather use the primary
sources as a basis for their answers.
• This is how the primary source Quran works in accordance and harmony with other 3
sources in Islamic Legal thinking, and therefore never conflict with the Quran.

‘Four Sources of Islamic Law’
Past Paper Questions and Marking Scheme
1 (a) Write an account of how the four sources of Islamic Law are used together. [10]
11-Oct Nov-2019
2 (a) Write about how the Qur’an is used with the other three sources in Islamic law. [10]
11 – Oct Nov – 2014

Marking Scheme
• A comprehensive answer will provide an account of each of the four sources, what they
are and their role in Islamic Law and how they interact with each other.
• Candidates may include some of the following points. All other relevant points must be
credited.
• Candidates should write about the primary sources, Qur'an and Hadith, and secondary
sources, ijma and qiyas, and how they are used together.
• The Quran is an authority in Islamic law; it is the word of God. It is not questioned or
contradicted by the other sources. It contains the main teachings and principles of Islam
by which Muslims should live.
• 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.
• The Qur’an gives permission to follow the Prophet (pbuh). The Hadith are used when the
Qur’an is silent on a matter, e.g. inheritance given to grandmother is not mentioned in the
Qur’an, but comes from Hadith.
• The Hadith are important because the Prophet(pbuh) was the final and perfect
messenger to follow; the Hadith of Mu’adh ibn Jabal reflects this.
• 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 (pbuh).
• Ijma is the consensus of opinion of scholars. It has its basis in the Hadith: My community
will never agree upon an error.
• Some issues dealt with by ijma have been, at the time of the caliphs, the compiling of the
Quran or the second adhan at Jumah 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.

Past Paper Questions and Marking Scheme
3 (a) The Qur’an is the main source of Islamic Law. Write an account of how it is used
with each of the other three sources. [10] 12- May June-2016
Marking Scheme
Write about the primary sources, Qur’an and hadith, and secondary sources, ijma’ and qiyas, and
how they are used with the Qur’an.
• 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; it is the basis of legal rulings in Islamic Law
• 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. salat and zakat; they are also used when the Qur’an is
silent on a matter, e.g. inheritance given to grandmother; hadith are important because the
Prophet was the final and perfect messenger to follow; hadith of Mu’adh ibn Jabal gives a
guide of what to follow; they are interlinked, so are the two main (primary) sources, the hadith
never contradicting the Qur’an.
Today ijma’ and qiyas are used mainly for issues that did not arise at the time of the Prophet
• Ijma’ is the consensus of opinion of scholars; ‘my community will never agree upon an error’;
some issues they have had to deal with have been, at the time of the caliphs, the compiling of
the Qur’an and more recently, the permissibility of IVF; those knowledgeable about Islamic
Law decide on new matters such as IVF based on what they know already from the Qur’an
and hadith, and then agree on a ruling. The rulings are based on existing Qur’anic rulings, so
there is no contradiction or disagreement with the Qur’an.
• 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 (original case on which a ruling has been
given), far’ (new case on which ruling is required), ‘illa (the cause, which is common in both)
and hukm (the ruling). The original case will have a ruling based on the Qur’an, and therefore
the ruling on the new case will have its basis in Qur’anic sources.

“Four Sources of Islamic Law”
1 (b) Why do you think the Qur’an and Sunna are not the only sources of Law and are
supplemented by ‘ijma and qiyas? (4) 2017 – Oct Nov – 11
Marking Scheme
• 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.

2 (b) Do you think that both ijma’ and qiyas are equally important for solving present day issues?
Give reasons for your answer. [4] 12-May June-2016
Marking Scheme
• Candidates could say that yes, they are both equally important because, e.g. they are
sources that have been used by previous generations and give answers for different
problems, or that one may not resolve all new issues so the other source is needed too.
• Candidates could also say no, one is more important than the other, and have to give
reason(s) as to why they say that.

3 (b) How important is the use of ijma’ or qiyas in Islamic law in present day situations? Give reasons
for your answers. [4] 11- Oct Nov -2014
Marking Scheme
• 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.

4 (b) Give one example where using ijma or qiyas has been significant for Muslims today.
12- Oct Nov -2021
Marking Scheme
Use the AO2 Marking Grid

Candidates may include one of the following examples. All other relevant information must be credited.
Candidates can provide other examples but should elaborate on the significance of the example used.
Some of the issues they may write about are:
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.
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.
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.
Candidates could also give examples of two adhans, during Friday prayers or marriage prohibition to
grandmother and granddaughter.


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Pakistan International School Jeddah English Section

Academic Year: 2022–2023

Chapter 6 History and Importance of Hadith

Secondary Sources of Islamic Law

© 2022-23 PISJES All Rights Reserved Page 1 of 26

➢ These notes are consisted of outlines OR the complete answer.

Ijma (Consensus of Opinions)

Proofs from Quran and Sunnah

Two broad kinds of Ijma

Legal matters are in turn divided to

People who are eligible to apply Ijma

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Proof from sunnah (reference)

Legal matters are in turn divided in to:

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• Example of Tacit or silent ijma (Ijma Sukuti)

• Prophet (SAW) practiced the use of Ijma in various times like;

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• Extension of Masjid Haram.

• Extension of timing for Jamarat

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Past Paper Questions, Examiner Report, and Marking Scheme

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Past Paper Question and Marking Scheme

Past Paper Question and Marking Scheme

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Past Paper Question and Marking Scheme

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Past Paper Question and Marking Scheme

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Proofs from Quran and Sunnah

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Proof from Quran (Qiyas is based on Quran + reference)

Proof from sunnah (reference)

Prophet (SAW) himself practiced the use of critical thinking.

Rules of Qiyas (mention only if the question specially asks for)

✓ Person must be qualified

Shia’s use of Aqal (reason) and brief details

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ii. Prohibition of transactions during Friday prayer

iii. Prohibition of Wudu with nail polish

iv. Permissibility of blood test while fasting

v. Staying outside Mina during Hajj

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Past Paper Questions, Examiner Report, and Marking Scheme

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Past Paper Question, Examiner Report and Marking Scheme

Past Paper Question and Marking Scheme

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Past Paper Question and Marking Scheme

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Past Paper Question and Marking Scheme

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Introduction of Ijma (definition, Importance in brief and reference)

Introduction of Ijma (definition, Importance in brief and reference)

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Introduction of Sunnah (definition, Importance in brief and reference)

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