Examiners’ reports 2023

Examiners’ reports 2023

LA3028 Introduction to Islamic law – Zone A

Introduction
This examination followed the pattern of last year’s exam script, with the students
given the option of answering four questions from a list of eight covering different
topics from the syllabus. The eight questions were divided into Parts A and B and
students were required to answer at least one question from Part A and at least one
question from Part B. All the students followed the exam rubric well but a few scripts
answered fewer than four questions and some others answered more than four,
which could distort the overall composite mark if not discovered. The questions in
Part A were essay-based questions covering the theoretical aspect of the module,
while the questions in Part B were a mixture of problem- and essay-based
questions covering the substantive aspect of the module. The mixture of questions
aimed at testing the students’ understanding of the different topics covered in the
syllabus. The pass levels correlated with last year’s results but the pass rate this
year was slightly higher than last year and the average mark this year slightly lower
than that of last year. Overall, the performance was generally pleasing. It was
evident that the well-prepared candidates would have found the examination paper
a fair test of relevant topics covered in the module syllabus.
Generally, the marks ranged from first-class to lower second-class, with a few third-
class grades and a small number of fails. The scripts in the first-class range were of
very high quality and demonstrated required depth of knowledge and understanding
of each question answered and appropriate examination skills by answering each of
the four questions specifically and in detail. The scripts in the upper- and lower-
second class range did also demonstrate required depth of knowledge and
understanding but with different degrees of deficiencies in some of the answers
here and there. The few third-class scripts were very weak in their analysis, while
the failed scripts were not up to the required standards for a pass under the marking
criteria.
Like previous years, some students, especially in the lower-grade categories, spent
too much time on irrelevant introductory parts of their answers before focusing on
the specific question asked. There was also apparent misunderstanding of some
questions (e.g. Q1 and Q7) by some students, resulting in lack of coverage of the
full scope of the question. As indicated in last year’s report, it is important for
students to ensure that they understood each question and focus on answering the
question rather than providing long introductions that are not at the core of the
question.
Across board, there was a relatively even distribution of answers to the essay- and
the problem-based questions.

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Comments on specific questions
PART A

Question 1
‘The difference of opinion amongst the jurists is a blessing for the Ummah.’
Discuss.
General remarks
This question is based on Chapter 3 of the module guide and the relevant readings
listed therein. It requires demonstration of sound understanding of the concept of
ijtihād and ikhtilāf under Islamic legal theory. Students were expected to address
each of the two concepts in depth, starting with ijtihād and leading on to ikhtilāf.
However, many of the students addressed either only ijtihād or ikhtilāf. While the
concept of ikhtilāf is at the core of the question, it can only be fully addressed by
first analysing the concept of ijtihād because ikhtilāf only arises based on the
probability of the concept of ijtihād.
Law cases, reports and other references the examiners would expect you to use
This is a theoretical question that requires no reference to specific case law but
candidates were expected to refer to relevant classical jurisprudential views,
relevant academic literature covered in the module, such as Kamali, Baderin and
Hallaq, as well as relevant state practices for illustration. Some students provided
reference to relevant materials and examples with regard to the use of ijtihād by
modern Muslim-majority states.
Common errors
Many students who answered this question concentrated only either on the concept
of ijtihād or ikhtilāf throughout their answers without addressing the other. Very few
scripts covered the two concepts fully in their answers as was required by the
question.
A good answer to this question would…
start by first identifying that the quotation is from a Prophetic hadı̄ th and explain its
context. It would then go on to discuss the concept of ijtihād and its importance for
the evolution of Islamic law. It would explain that ijtihād is independent juristic
reasoning based on a degree of probability and thus Islamic legal theory also
acknowledges the concept of ikhtilāf, which is the difference of juristic views on
some issues subject to clear evidence (dalīl) in support of the respective views of
the jurists. This provides flexibility in Islamic jurisprudence and thus a blessing for
the Ummah. These can be illustrated by reference to classical jurisprudential
examples and relevant state practices.
Poor answers to this question…
did not address the question specifically and did not demonstrate a good
understanding of each of the two concepts of ijtihād and ikhtilāf as was required.
Student extract
The answer would discuss whether the famous hadı̄ th quoted in question,
'the difference of opinion amongst the jurists is a blessing for the Ummah'
often accepted by all madhahib or schools of thoughts in Islam and what
implications this has on the Ummah such as how this hadı̄ th has enabled the
various schools and the modern jurists of various Muslim states to legislate
and uphold the Islamic principles in the contemporary world.

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It is pertinent to mention here that no school of thought has had a contrasting

usul al-fiqh from the divine sources of Islamic law which is the Holy Quran
and Sunnah of the Prophet Muhammad (pbuh). The difference or ikhtilāf in
Arabic, has been over the diverse interpretations of the divine sources and it
is merely a difference in procedure and practices. In simple words,
substantive law is not something that the four schools would ever differ about
for example of how to offer the salat and the percentage of property that a
woman may dispose of without permission from her male guardian. However,
when the Islamic law was developing, the differences were sometimes
negligible but at times they were of significant importance (Baderin M.,
University of London, 2022) such as the right of an adult Hanafi woman to
contract marriage on her own versus denial of the same right to a Maliki
woman or the right to judicial divorce, or faskh, for a Maliki woman but not to
a Hanafi. …Nonetheless, other schools attributed their differing
interpretations to the existence of this widely accepted hadı̄ th that allows the
difference of opinion amongst the jurists as a blessing for the Muslim
Ummah.
The idea of this hadı̄ th allowed for better acceptance between the different
schools of thoughts and Ijma was accepted by all of them albeit with varying
scope such as Shafis believed it should be restricted to religious or
devotional matters and others belived it to be a method for interpretation of
legal principles as well, which later Shafis agreed to as well. The key point to
ponder here is that this 'difference of opinion' is not to create a rift between
schools rather the hikmah behind this is that the jurists have agreed on
another hadı̄ th which states that the Prophet Muhammad's ummah would not
agree to something wrong unanimously to make it right!…
…During the Umayyad and Abbasid rule, the differences of opinion amongst
jurists was the core reason for the development of legal reasoning. …
To conclude, although, the traditionalist (ahlal-hadı̄ th) held that jurists could
not reason themselves and held Quran and Sunnah as the only authority of
law, this view in my opinion, as shown by history, has been unpopular. Even
the most orthodox Muslim state as often opined, Saudi Arabia, is opening up
and changing laws as per modernity in the light of divine sources and human
methods of interpretation. The rationalists or the ahl ar-ra'y seem to prevail
today across the Muslim world with laws differing for states owing to the legal
reasoning based on differences of opinions of jurists yet in line with the
Quran and Sunnah. This indeed is a blessing for instance, as an arbitrarily
divorced woman gets maintenance under lets say Pakistani law up until Iddat
usually is able to recover maintenance upto two years in Egypt and until re-
marriage in the UAE.’
Comments on extract
This answer started by identifying that the quotation is a Prophetic hadı̄ th and then
went on to demonstrate a very good understanding of the concept of ikhtilāf,
providing a very good explanation of the concept and its application in Islamic legal
theory in relation to the quoted hadı̄ th. It also provided relevant example of its
classical application by reference to the Umayyad and Abbasid periods and its
application in modern times by reference to contemporary practice in modern
Muslim-majority states such as Saudi Arabia, Pakistan and Egypt. The shortfall in
this answer was that it did not discuss the concept of ijtihād at all. The importance
of starting with a discussion of the concept of ijtihād is that it is the basis for ikhtilāf
as explained earlier. Due to the depth of analysis of the concept of ikhtilāf, which is
the core of the question, this answer was marked as a high 2:1. The inclusion of a

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good analysis of ijtihād at the beginning would have moved the answer to a first-
class mark.
Question 2
‘The legal verses in the Qur’an are classified into different categories under
Islamic legal theory.’
Discuss any five of the categories.
General remarks
This question is based on Chapters 3 of the module guide and the relevant readings
listed therein. It requires demonstration of sound understanding of the classification
of the legal verses of the Qur’an as a source of Islamic law. It was apparent that the
students clearly understood this question, but the answers ranged between first-
class to lower second-class grades depending on the number of legal categories
identified and depth of analysis provided.
Law cases, reports and other references the examiners would expect you to use
This is a theoretical question that requires no reference to specific case law but
candidates were expected to refer to relevant classical jurisprudential views,
relevant academic literature covered in the module, such as Kamali, Baderin and
Hallaq, as well as relevant state practices for illustration.
Common errors
Generally, the question was well answered but many of the answers identified less
than the five categories required, with some only identifying and discussing
between two to four categories and were marked appropriately in that regard. This
apparently relates to the ability of the students to remember all the categories that
were fully covered in the module materials.
A good answer to this question would…
identify that the verses of the Qur’an are classified variously, with defined rules of
interpretation and application, into the explicit (mufassar), decisive (muhkamāt),
allegorical (mutashābihāt), or ambivalent (mujmal). Other legal classifications
include the definitive (qat’ı̄ ), the speculative (ẓannı̄ ), the general (’āmm), the
particular (khāss), the abrogated (mansūkh) and the abrogating (nāsikh). Also,
there are the commanding verses (awāmir), the prohibiting verses (nawāhı̄ y) and
the descriptive verses (akhbār). Knowledge of all these classifications is an
important aspect of Islamic legal theory and imperative for a proper interpretation of
the legal verses and their purposeful application. An in-depth discussion of any five
of these categories would earn the full marks.
Poor answers to this question…
did not address the question specifically but only provided a generic discussion
about the Qur’an as a source of law without demonstrating a good understanding of
the different categories of the legal classification of its verses as required by the
question.
Question 3
‘The view that Imām al-Shafi’ī is the originator of usūl al-fiqh has been
academically contested.’
Discuss.
General remarks
This question is based on Chapters 2 and 3 of the module guide and the relevant
readings listed therein. It requires demonstration of sound understanding of the
historical role of Imam al-Shafi’i in formulating a systemised scheme of Islamic legal
theory during the classical period of Islamic law. A discussion of the academic

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debates about whether this makes Imam al-Shafi’i the ‘father of Islamic
jurisprudence’ should also be provided as is well covered in the materials for the
module. The students clearly understood this question and the answers ranged
between first-class to lower second-class marks depending on the number of
categories identified and depth of analysis provided.
Law cases, reports and other references the examiners would expect you to use
This is a theoretical question that requires no reference to specific case law but
candidates were expected to make refer to relevant academic literature, identifying
views of scholars such as Coulson, Gibbs, Iqbal Hassan and Hallaq, to illustrate the
different views on the topic. Many students provided varied levels of references to
different academic views as required.
Common errors
Many of the answers only discussed one view without engaging with other
alternative academic views on the question.
A good answer to this question would…
start by explaining the contentions between the Traditionalists (ahl al-hadı̄ th) and
the Rationalists (ahl al-ra’y) at the peak of which Imam al-Shafi’i was born in 767
CE. His role in reconciling the dichotomy between the two groups and devising a
formal legal theory for Islamic law led to him being identified as the originator of usul
al-fiqh by most scholars of usul al-fiqh. That appellation has, however, been
challenged by some contemporary scholars such as Coulson, Hasan and Hallaq. A
good answer would identify these and engage with the different views in that
regard, discussing the arguments of each perspective in depth.
Poor answers to this question…
did not address the question specifically but merely provided a generic discussion
about the development of usul al-fiqh, without discussing the specific role of Imam
al-Shafi’i and the subsequent academic debates about his role.
Question 4
‘The traditional perception of the ‘four sources’ of Islamic law inadvertently
conflates the immutable divine sources with the mutable human methods of
Islamic law.’
Discuss.
General remarks
This question is based on Chapters 2 and 3 of the module guide and the relevant
readings listed therein. It requires demonstration of sound understanding of the
nature of the ‘sources’ of Islamic law and how the divine sources differ from the
non-divine sources. The question was well understood by the students but, as
would be expected, the depth of analysis differed from paper to paper.
Law cases, reports and other references the examiners would expect you to use
This is a theoretical question that requires no reference to specific case law but
candidates were expected to refer to relevant jurisprudential and academic
literature such as Kamali, Baderin, Hallaq, as covered in the module materials to
illustrate their analysis of the issues.
Common errors
Some of the scripts were generic and lacked in-depth analysis and proper
comparison between the divine and non-divine sources as required.
A good answer to this question would…
provide a comprehensive analysis of the nature of the Qur’an and the Sunnah as
divine sources that are immutable and ijmā’ and qiyās as human methods used to

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extend the provisions of the divine sources to cover issues that are not specifically
provided for in those two divine sources. It would then engage with the need not to
conflate the immutable divine sources with the mutable non-divine sources and then
explain the alternative perception of classifying the Qur’an and Sunnah as the
sources, and ijmā’ and qiyās as the methods of Islamic law to avoid the inadvertent
conflation of the two.
Poor answers to this question…
did not address the question specifically but merely provided a generic discussion
about the sources without distinguishing between the divine and non-divine sources
as required.
PART B

Question 5
During the COVID-19 lockdown, Khalid, who was 18 years old, worked at his
father’s store more often and Fatimah, who was 17 years old, would go to the
store more often to buy snacks, finding an excuse not to stay confined at
home. The two met in the store and started speaking to each other. After a
few weeks, Khalid invited Fatimah to the back of the store where the two of
them professed their love for each other and they continued to meet secretly
thereafter. One day, Fatimah’s father came to the store to look for his
daughter, who had been away for too long. He found Fatimah and Khalid
kissing in a corner of the shop. He was infuriated and accused Khalid of
committing zina, leading to arguments between Khalid’s and Fatimah’s
families.
You are a learned neighbour called in to intervene in the argument between
the two families. You need to address the following points with reference to
Islamic law:
(a) what is zina?
(b) what is the punishment for zina?
(c) have the two teenagers committed the offence of zina?
(d) have the two teenagers committed any other offence under Islamic
law?
General remarks
This problem-based question is based on Chapter 4 of the module guide and the
relevant readings listed therein. It is on Islamic penal law and requires general
demonstration of understanding of the law regulating the offence of zina, its
classification, ingredients, the standard of proof and the punishments, when proved.
Apparently, the question was clearly understood by the students but the depth of
engagement with the facts differed from paper to paper.
Law cases, reports and other references the examiners would expect you to use
Based on the module materials, students were expected to refer to relevant
classical Islamic jurisprudential views and contemporary penal legislation such as
the Pakistani Offence of Zina (Enforcement of Hudood) Ordinance 1979, the Brunei
Shari’ah Code of 2013 and the Shari’ah Penal Code of Zamfara State of Nigeria,
depending on the relevant country they used in their answer.
Common errors
Some answers did not focus specifically on the facts of the problem question but
merely provided a general discussion of the Islamic law on zina. This demonstrated
a lack of skills in answering a problem-based question.

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A good answer to this question would…

provide an in-depth explanation of the concept of zina in part (a) of the question;
discuss the punishment for zina, differentiating between adultery and fornication,
and providing relevant legal authorities from the Qur’an and Sunnah for each one in
part (b); identify whether the couple have committed zina in part (c) and if not,
whether the couple can be punished for any other offence and why in part (d) of the
question. Based on the facts in the question, a good answer should find that the two
teenagers have not committed the offence of zina because the required proof of
sexual intercourse witnessed by four male witnesses is not fulfilled here. The two
teenagers could, however, be found to have committed a ta’zir offence of being
together in unlawful seclusion (khalwah), which can be punished based on the
discretion of a judge upon evidence establishing that they were caught in a corner
kissing or based on their own confessions.
Poor answers to this question…
did not address each of the questions in detail but just provided a general
discussion of the offence of zina, without much in-depth analysis of the issues as
required by the question.
Question 6
Khadijah and Habib, who are both 21 years old, met and fell in love with one
another at university and intended to get married. Khadijah is from a wealthy
Asian family and Habib is from an African family. Khadijah’s father objected
to the marriage claiming that Khadijah cannot marry an African due to lack of
kafā’ah between the two of them. Khadijah and Habib, however, arranged a
private marriage in a local mosque with Khadijah’s senior brother supporting
her and acting as her guardian (waliyy) in the marriage. The marriage was
witnessed by a small group of their close friends. Khadijah refused to take
any dower from Habib claiming she did not need anything from him except
his love.
Based on the above facts, and with reference to classical Islamic
jurisprudence, contemporary scholarship and the modern family code of any
Muslim-majority state of your choice, discuss the following:
(a) the validity of the objection to the marriage by Khadijah’s father on
grounds of kafā’ah; and
(b) the validity of the marriage consequently conducted privately by
Khadijah and Habib.
General remarks
This problem-based question is based on Chapter 6 of the module guide and the
relevant readings listed therein. It requires demonstration of good understanding of
the rules on the main requirements of marriage under Islamic family law, with
reference to the concept of kafa’ah and the obligatory nature of the dower for the
validity of a marriage under Islamic law. The question was apparently clear to the
students but the depth of analysis differed from paper to paper.
Law cases, reports and other references the examiners would expect you to use
Based on the module materials, students were expected to refer to relevant
classical Islamic jurisprudential views and contemporary family law legislation such
as the Morocco Family Code 2004, the Jordan Personal Status Law 2010 or any
other relevant legislation depending on the relevant country they used in their
answer.

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Common errors
Some answers did not focus specifically on the facts of the problem question but
merely provided a general discussion of the rules of marriage under Islamic law.
This demonstrated a lack of skills in answering a problem-based question.
A good answer to this question would…
analyse the concept of kafa’ah under classical Islamic law and its critique by
contemporary scholars. Under classical Islamic jurisprudence, the concept of
kafā’ah requires a woman to be married to a man of equal status to her.
Jurisprudentially, there are different views on the scope and constituents of kafā’ah
as a prerequisite for validity of marriage, with Hanafı̄ jurists being its major
protagonists, relying on a hadı̄ th, which says that women are to be married to men
of equal status to them. Other jurists, such as Imām Mālik and Sufyān al-Thawrı̄ ,
reject kafā’ah as a prerequisite for validity of marriage, arguing that there is no
evidence that the Prophet or his companions followed this rule in practice. Although
some current legislation, such as Articles 21 to 23 of the Jordan Personal Status
Law 2010, recognises the concept of kafā’ah, others such as the Morocco Family
Code 2004 have abandoned it. Many contemporary scholars such and Abd al Ati
have challenged the concept on grounds that it has no basis in the Qur’an or the
Sunnah and that it promotes social stratification, which is not encouraged in Islam.
Practically, its force as a prerequisite for validity of marriage has waned
considerably in most Muslim societies today. Where the condition of kafa’ah is
discountenanced based on its contemporary critique, a good answer would identify
that the marriage is voidable due to the non-acceptance of a dower by Khadijah but
this can be corrected by Habib paying her a suitable dower (mahr mithl). If Khadijah
accepts a suitable dower, the marriage will be valid as the other main requirements
of a guardian and witnesses have been fulfilled.
Poor answers to this question…
did not address each of the concepts in detail but just provided a general discussion
of Islamic law of marriage, without much in-depth analysis of the issues as required
by the question.
Question 7
Discuss the main limitations to the freedom of contract under Islamic law.
General remarks
This question is based on Chapter 5 of the module guide and the relevant readings
listed therein. It requires demonstration of clear understanding of the rules
regulating Islamic contracts and the limitations on freedom of contract in general.
Law cases, reports and other references the examiners would expect you to use
Candidates were expected to refer to relevant classical jurisprudential views,
academic literature covered in the module, such as Kamali, Baderin, and Hallaq, as
well as relevant state practices for illustration. The Pakistani ribā case of UBA Ltd v
Messrs Farooq Brothers (2002) is a relevant case to be cited by students who refer
to Pakistan for illustration.
Common errors
Some of the answers, perhaps due to misunderstanding, restricted the scope of
their analysis to marriage contracts, which was quite surprising as the question
clearly mentioned ‘freedom of contract under Islamic law’.
A good answer to this question would…
identify that generally there is freedom of contract under Islamic law and thus every
adult has capacity to contract either by themselves or through agents, while minors
can contract through their guardians. This freedom is subject only to legal
limitations that amount to illegitimate contracts. The main limitations are the

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prohibition of ribā, gharar and trading in forbidden goods and services under Islamic
law. The legal definition and scope of each of these limitations would be discussed
with relevant references.
Poor answers to this question…
were very limited in scope and generic. Perhaps due to misunderstanding, they
focused only on marriage contracts, as if the question was about marriages, even
though the question clearly mentioned ‘freedom of contract under Islamic law’.
Student extract
The first principle to be recongised by Islamic contract law is of ‘Muslims
must abide by their obligations’ based on Surah 5 verse 1 of the Quran. …
Freedom of a contract is limited by unjust enrichment and the principle is that
one cannot gain monetary bend for without the beneficiary giving a counter
value for it, this includes charging of excessive interest like usury which is
also called riba or even re letting of a hired object for a greater amount of
money or redeeming of a bought object for a higher before the payment is
made. there are 2 important principles of Islamic law which includes
prohibition on usury (riba) and gharar (the uncertainty in the object of the
contract) which also tends to limit the commercial activity under islamic law.
Interest based loans are clearly prohibited in Islam as mentioned in the
Quran surah 2 verses 275-79 ‘those who devour usury stand like one whom
satan has smitten with insanity.’ that is because they say ‘trade is like usury’
whereas Allah has made trading lawful and has made usury unlawful.’. there
have been uncertainty over the meaning of riba. Coulson comments that
islamic law has not discouraged trade but discouraged taking interest. Riba
has been contended by El Gamal as just an excessive payment of interest.
whereas riba, aziz and fatima (2012) states that riba is an increment in capital
because of wealth and it is a mere misunderstanding that quran only
prohibited kind of interest based loans as they were quite prevalent during
the time of prophet in arabia. they argue quran has prohibited reward of
capital under risk and reward of human labour. likewise gharar which means
uncertainty of objects also limits the freedom of contract. there needs to be
ascertain objects to avoid uncertainty over goods and prevent any
speculation of interest. Al sarakshi explains gharar as ‘anything that the end
result is hidden or the risk is equally uncommon, whether it exists or not.'‘
there are 2 types of gharar; gharar fasih and gharar yasir. gharar fasih is
prohibited as it is excess gharar while gharar yasir is prohibited as a small
amount of uncertainty will be be present. … the concept of murabah
contracts are incorporated in islamic banking today to avoid charging of
interest. …
furthermore there is aright of preemption (shufah) which are can limit the
freedom of contract. …. it happens when property is jointly held. if one of the
co owners sells their shares, the other co owner can purchase their share. if
someone has a right to easement on the property they exercise right to pre
emption. according to hanafi school of thought, preemption right resides with
the neighbour of the property as well. it is preserved under the egyptian civil
code but can remain to the purchaser. this right does not arise over gifted
property and a person who wat to exercise this right must do so as they get
to know about the sale and exercise it with formal ties and presence of
witness. thus such right imposes an obligation to the seller of the property to
first offer it to the neighbour which infringes her freedom of entering into a
contract.

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 In conclusion. the contracts under islamic law have been subjected to alot of
limits including that of prohibiting riba and gharar and imposing pre emption
clause as they undermine the principle of islam. but in the contemporary
world, many muslim countries have incorporated murabahah contract to
abstain from these prohibitions and such prohibitions can be interpreted in a
different way so one might argue that they are not hard and fast rules in islam
as many muslim majority countries do not limit their exercise by imposing
their own interpretations.’
Comments on extract
The answer demonstrated a very good understanding of the subject and provides
excellent explanation of the concept with reference to relevant academic and
legislative materials on the subject. It also provided relevant classical jurisprudential
views and contemporary state practices on the subject. The main shortfall in this
answer was the many typographical errors. It also omitted discussing the limitation
of trading in forbidding goods and services. Nevertheless, based on the depth of
analysis, this answer received a low first-class mark.
Question 8
‘Al-Mawardi identified seven basic requirements, combining qualifications of
knowledge and character, for appointing a person as a judge (qādī) under
Islamic law.’
Discuss.
General remarks
This question is based on Chapter 12 of the module guide and the relevant
readings listed therein. It requires demonstration of sound understanding of the
requirement for appointing a judge (qādı̄ ) under Islamic law, with reference to the
view of al-Mawardi in one of the materials covered in the module.
Law cases, reports and other references the examiners would expect you to use
Students were expected to refer to al-Mawardi’s Ahkam al-sultaniyyah as the main
basis of analysis and identify the seven basic requirements listed in it for critical
analysis.
Common errors
Many students did not specifically base their analysis on al-Mawardi’s list but
provided a generic discussion of the requirements for appointing a judge, some
without much in-depth analysis.
A good answer to this question would…
identify and critically analyse the seven basic requirements listed by al-Mawardi in
his book al-ahkām al-sultāniyyah. With regard to knowledge, he identifies that the
qādı̄ ‘must have knowledge of the laws of the sharıʿah and his knowledge must
extend to a comprehension of its principles and to the execution of legal decisions
based on these principles. The qualification of character relates generally to piety
and probity, which requires a person to be righteous, just, truthful, free from
forbidden acts and equitable when sober or angry. Notably, he mentions the
condition that the qādı̄ must be male. In view of contemporary developments, an
excellent answer will critically engage with this view and making reference to Ibn
Rushd’s statement in his Bidāyah al-Mujtahid that, while a majority of jurists hold
that being male is a required condition for the validity of judgeship, Imām Abū
Hanı̄ fah held that it is permissible to appoint a woman as a qādı̄ in cases involving
financial claims, while Imām Jarı̄ r al-Tabarı̄ asserted that it is permitted for a woman
to be a judge in all cases without restriction. Most Muslim-majority countries have
adopted the position of Imām al-Tabarı̄ on this point.

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Poor answers to this question…

made no reference to al-Mawardi but provided a generic discussion without much
critical analysis as was required by the question.

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