Q 2 (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] (b) Do you think that both ijma’ and qiyas are equally important for solving
present day issues? Give reasons for your answer. [4] Suggested Answer

(a) Shariah is the term, which is used for Islamic Law, which means the code of life. However, its literal
meanings are: rules and regulations laid down by Allah and His Messenger Muhammad SAW for the
governance of humankind as a whole. There are two major sources of Islamic Law. Qur’an and Sunnah
are called the primary sources, while Ijma and Qiyas are called the secondary sources.

The Qur’an is the first and the foremost authentic source of Islamic Law, which is the basis of legal
thinking, which guides human beings at every step of their lives, for their peaceful life, without creating
disorder in society, to prove to be the true vicegerents of Allah on earth. It is last Word of Allah to
humankind, and the law formulated by him in the form of the Qur’an is supreme. Its principals are
universal and can be applied in all areas of life on equal footings. Allah confirms its authenticity in these
words, “This is the Book (Qur’an), in which there is no doubt at all; Guidance for those who remain in
piety to Allah.”

However, the Qur’an alone does not provide detailed guidance for many matters of life. In case of such
matters, the Muslim Jurists turn towards Hadith and Sunnah of the Prophet SAW. The Qur’an and
Sunnah collectively called the primary sources of Islamic Legal thinking. Qur’an and Sunnah cannot
contradict each other. Actually, Sunnah of the Prophet SAW explains and supplements the Quranic
teachings. For example, Qur’an commands observance of Salah and Zakah, “And establish Salah (Prayer)
and pay Zakah (Poor Due).” (2:43). While On the other hand, Qur’an is completely silent about the
procedure of performance of Salah, and the level of wealth (Nisab) and the percentage of Zakah to be
paid to the poor. Sunnah gives detailed procedure of performance of Salah, as the Prophet SAW said,
“Perform Salah as you see me performing.” The level of wealth (Nisab) and rate of payment of Zakah has
also been fixed by the Prophet SAW in his lifetime. The Prophet SAW says, “No charity by tax is due on
property amounting to less than five Uqiya of silver, and no charity tax is due on fewer than five camels,
and there is no charity tax on less than five Wasaq of dates or grains.” It is due to using these units that
the Muslim Legal Experts calculated the Nisab for Zakah.

Similarly, the Qur’an prescribes the punishment of theft as, “And (the sentence of) the male and female
thief (is to) cut off the hands of both as a punishment for what they committed.” (5:38). The Qur’an is
silent about which hand to what extent to be cut off as a sentence, while the Prophet SAW clarified that
the working hand from the wrist should be cut off.

Qur’an also gives details of Halal and Haram meat for Muslims, “Forbidden to you are; carrion and blood
and flesh of swine and that on which (at the time of slaughtering) other than the name of Allah has been
mentioned.” (5:3). On the other hand, the Prophet SAW gave complete detail of the animals forbidden
to eat by Muslims of every kind. For example he said, “The animals of fangs are forbidden, those who
have tripe are forbidden, those who snatches to eat by their beak are forbidden and therefore, on.”

Ijma is the third source of Islamic Legal Thinking, which is used when the primary sources Qur’an and
Sunnah are silent to provide any solution to the problem faced by Muslim in their life. Qur’an, Hadith
and Sunnah approve the use of Ijma. Qur’an says, “O you who believe! Obey Allah and obey the
Messenger (Muhammad SAW) and those (who are) in authority among you.” (4:59). Here in this Verse
of Qur’an the authority means the scholarly and political body that is responsible for the law making.
The relation between Qur’an and Ijma can be well understood by this example of Qur’an, “It is
prescribed for you, when death approaches any one of you and he leaves wealth (property etc) behind.
(He is required to) make a bequest for parents and the nearest of relatives in an approved manner.”
(2:180)

The grandfather and grandmother are not mentioned in Qur’an relating to the law of inheritance, but it
is agreed by the Ijma that he would take the father’s share on the death of an orphan grandson.
Similarly,, there are various discoveries which are covered by Ijma as a law in Islamic Legal Thinking. For
instance: Even though, Islam does not allow any sperm donation by a man to a woman other than his
own wife, as it will be an act of adultery which is not permissible in Qur’an. Allah says, “And do not even
go near to adultery. It is a shameful act and an evil way indeed.” (17:32). However, the issue of IVF (In
Vitro Fertilization) or the test tube baby was solved by the Muslim Jurist amicably by Ijma, by allowing
the procedure for those childless couples who are partners in marriage.

Qiyas is the fourth source of Legal Thinking. It is applied when all other three sources are silent to solve
the new challenging legal issue. In Islamic Shariah it is refers to the ability of individual legal expert to
reach the decision by comparing a new situation (Far), with the principles contained in the Qur’an and
Sunnah (Asl) to find out rule (Hukm) for general public to follow. The Qur’an allows Muslims to use Qiyas
when it says, “Therefore, turn your face now towards Masjid Al-Haram (the Sacred Masjid at Makkah).
And wherever you (Muslims) are, turn your faces towards that direction.” (2:144)

Those Muslims who are away from Ka’bah are allowed by this Verse to determine the direction of Qibla.
There are many examples to show the importance of Qiyas for in Legal Thinking. For example Qur’an
only forbids Khamr, “O you who believe! Indeed wine and gambling and idols and divining arrows are
filth of Shaitan’s (Satan’s) craftsmanship, avoid of that Therefore, that you may become ever successful.”
(5:90). Khamr was made by fermenting grapes and dates, with the passage of time new ingredients were
used, and this became a serious problem for Muslim Jurists to solve. Therefore, they took help from the
Hadith of the Prophet SAW, in which it is clearly mentioned, “Every intoxicant is Khamr, and Khamr is
forbidden.” The cause (Illah) in this case therefore, will be the ability of any substance to intoxicate new
wines, heroin, cocaine, drugs and ice as well. Therefor all addictive substances are Haram. Therefore, in
this way the four sources of Islamic Law are used together in legal thinking. (b) Allah
says in Qur’an, “Take lesson O you, who have eyes.” Both the secondary sources, Ijma and Qiyas are
equally important for legal thinking in Islam. They keep the legal experts in touch with the primary
sources, Qur’an and Sunnah constantly, therefore, that they can decide whether an issue or problem has
already been dealt previously or not. They train legal experts to cope with the ever-changing situations
of the world. In this way the use of Ijma and Qiyas ensures the universality and applicability of Islamic
laws to the contemporary world. Ijma is the main source of ensuring unity among Muslims as they
become agree on the solution of any new problem that has not been found in the primary sources of
Islamic Law. Such unity is guaranteed support and blessings of Allah in the Hadith of the Prophet SAW,
“My Ummah never agree upon wrong.”

For instance, all Islamic scholars agree on the illegitimacy of surrogate baby or renting womb. In such
cases, non-Muslims allow other women to get conceived by the zygote formed of a sperm and egg of
married couple. Muslim jurists disallow this practice as it violates the Qur’anic injunctions about
guarding the chastity of women. As Allah says in Qur’an, “O Believers! Protect your wombs.”
Similarly,, Qiyas trains individual legal expert to give his opinion about the challenging issue, to solve the
problem, when it becomes difficult to seek consensus of the jurists of the time. Therefore, both Ijma and
Qiyas are equally important to solve present day issues.

__________________________________Q 5 (a) Outline the tasks performed by the Prophet’s scribes

during his lifetime. [10] (b) The scribes had the Prophet as a source of information. How useful is the
internet as a source of information about Islam? [4]
Suggested Answer

(a) The most important task performed by the Scribes of Divine revelation during the lifetime of Prophet
SAW was the writing of Qur’an in its entirety. As the Prophet SAW himself was unlettered as per scheme
of Allah, therefore, he used to dictate every Qur’anic Verse to his scribes, as and when it received from
Allah through Angel Jibrael AS. There were 40-400 scribes when assisted the Prophet SAW for writing of
revelation on various occasions. The most important among them were: Ali RA, Abu Bakr RA, Umar RA,
Uthman RA, Talha RA, Zubair RA, Abdur-Rahman bin Auf, Abdullah bin Masud RA, Zaid bin Thabit, Amir
Muawiya RA, Khalid bin Walid RA, Zaid bin Thabit RA, Ubay bin Kaab RA and Saeed bin Zaid RA etc. Ali
RA was the Chief of Scribes from Muhajirin and Zaid bin Thabit RA was a Chief of Scribes from Ansar.

All the scribes of the Divine revelations were not only learned scholars but also having high stature in
society. Ubay bin Kaab RA and Abdullah bin Masud RA were not only scribes but also sweet reciter of
Qur’an; this of their talent was always admired by the Prophet SAW. This Hadith of the Prophet SAW is
mentioned in Ahadith books in relation to both Abdullah bin Masud RA and Ubay bin Kaab RA, that the
Prophet SAW once asked them to recite the Qur’an. They replied, “O Prophet SAW! You have good tone
to the extent that whenever you recite the whole atmosphere stops its breath to listen you; how it is
possible that we recite in your presence.” Upon this the Prophet SAW said, “Allah wants you to recite
Qur’an for me.”

For their admiration it is also said by the Prophet SAW, “Whosoever wants to read Qur’an as fresh as it
was revealed, let him read according to the recitation of Abdullah bin Masud RA.” And this statement is
a stamp on the importance of Scribes that he said, “By Him, besides Whom there is no Allah! No Verse
of the book revealed without my knowledge, as where it was revealed and the circumstances behind its
revelation.”

The Scribes of Divine revelation used to write on various materials both temporary and permanent in its
nature in accordance to the situations they faces at the time of revelation. They used even leafs of date-
palm at the time of emergency, but whenever they came in peace and harmony, they used the
permanent materials like; stone tablets, skin parchments, collar bones, wooden scrolls and silk cloth.
That is why that whole Qur’an was present not only in written form but also arranged in Surah-wise at
the time of death of Prophet SAW. Because at the time of scribing the Prophet SAW used to instruct
them about the sequence of Surah, in which the revealed verses to be placed. In this way, the whole
Qur’an was arranged in a systematic order until the end of the chain of revelations. Zaid bin Thabit RA
the Chief of Scribes from Ansar said, “We used to record the Qur’an from the parchments in the
presence of Prophet SAW.”

There were various scribes, who has different role to play for scribing. Some of them who did not know
how to write, they used to memorize the Qur’an, they were called Huffaz-eQur’an and their version was
used to verify the written copies for compilation of Qur’an after the death of Prophet SAW. Some of the
companions also kept their private record of Qur’an with them, but they also used to recite in presence
of Prophet SAW to get verification of purity of their record as well.

There are different facts mentioned by different scribes regarding the process of revelation upon the
Prophet SAW. Zaid bin Thabit RA says, “When the revelation came to the Prophet SAW, he felt intense
heat and perspiration used to roll down from his body like pearls. When this state was over, I used to
fetch a collarbone or piece of skin, he used to go on dictating me, and I used to write it down. When I
finished writing the sheer weight of transpiration gave me the feeling that my leg break and I would not
be able to walk anymore.” Therefore, when I finished writing he used to say me, “Read.” And I would
read it back to him; if there was any omission or error, he used to correct it and then let it be brought
before the people.” This is the clear depiction of the fact that all scribes observed utmost care in noting
down the verses in their absolute originality.

At last, it can be said without any doubt that this of the Scribes of Divine revelation task is the most
valuable in the history, because due to this of their faultless devoted contribution resulted in having a
pure and true originally compiled copy of Qur’an in the hands of Muslim until Doomsday.
(b) Internet is very important source of information in present day life of humankind. It has provided
every kind of knowledge and information at a distance of single finger touch. In the same way, it has
facilitated the study of Islam and preaching as well. There are plenty of websites where Qur’an and
Hadith books of Prophet SAW are available with the original text, translation and detailed commentaries
almost in every major language of the world; which is useful for those who want to have a quick and
relevant access to the various Islamic teachings of their choice by saving their precious time. Online
reading and learning Qur’an and Hadith has become very popular in modern busy life. Many Muslims
who spend most of their time in earning, travelling or other business matters, they find it easier and
useful to avail the internet facility for recitation, listening and comprehending the Qur’an and Hadith, as
they have hardly any time to go to bookshops, search and buy published material of their interest. As
Allah says in Qur’an, “Make ease and do not make difficulty in Islam.” Therefore, this easy way of
telecommunication has made easy learning of religious knowledge.

However, there are lot of problems attached to this mode of communication, as both relevant and
irrelevant material is posted on it and it is very difficult for immature reader to distinguish between the
genuine and the fake presentation on various religious websites. Similarly, a Muslim following a
particular religious thought in relation to sect, may get confused while availing a website of the
followers of the other school of thought. More importantly, Qadyani’s/Ahmadi’s have set up their own
websites in order to attract Muslims to their propaganda. Therefore, the tradition of approaching the
well-reputed scholars remains away from the learners, while having their viewpoint in any matter is
more valuable in learning traditions. As Qur’an says, “So ask the learned people if you do not know.”
(16:43).