First Sessional Examination

Islamiyat IG3 E

Time allowed: 50 mins

Total marks: 18

(a) Give two examples how Ijma is used with Quran to make laws [6]
Marriage between a person and his granddaughter and grand mother was prohibited or outlawed
through and ijma. This is based upon the teaching in the Quran which says; “Prohibited to you are you
mothers, daughters, sisters, father’s sisters, mother’s sisters, brother’s daughters, sister’s daughters,
foster sister, your wives’ mothers……….” Since grandmother and grand daughter have the same sanctity
of relationship which is enjoyed by the relations mentioned in the above verse, therefore, marriage with
them is also forbidden. If a father has died before his son, when the son himself dies, then the
grandfather shares in his property together with other relative. This is contained in the following verse
of the holy Quran; “It is prescribed, when death approaches any of you, if he leaves any goods, that he
should make a bequest to parents next of kin.” It allows the grandfather to take the father’s place in
inheriting from the son even though this is not stated in so many words in the Quran. Therefore,
scholars made the teachings clear through Ijma.

b) And We have revealed to you, [O Muhammad], the Book in truth, To Allah is your return all
together, and He will [then] inform you concerning that over which you used to differ.” “A society
needs laws and Shari’ah helps Muslims.” Assess this statement.
[12]

The Holy Quran constitutes the foundation of Islamic law and is therefore the primary and most reliable
source. All other sources must be in conformity with the Quranic injunctions. It is the Final Word of Allah
revealed to the last messenger. The holy prophet then conveyed the divine message to the people for
guidance to the right path. The Quran in this regard says; Judge between them by what Allah has
revealed and follow nit their vain desires”. The Quran assures us of its authenticity and genuineness and
it being a source of ultimate guidance. Hence this is why Quran is a very important source of Islamic law.
Hadith is defined as the sayings, actions and silent approvals of the Holy Prophet. It is the second source
of islamic law. It is indirect word of Allah and therefore is divine and perfect. By following sunnah,
Muslims can best understand the Quran. The Quran refers to this relationship between Quran and
sunnah by commanding; “It is not fitting for a believer, man or woman when a matter has been
decided by God and His messenger, to have any option about their decision”. Teachings of sunnah
ensure success in both the worlds. Ijma is the 3 rd source of Islamic law. It is exercised when the primary

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sources (Quran and sunnah) are silent about an issue. This makes it an important source of legal thought
in Islam because it marks an extension of important source of legal thought in Islam and also because it
marks an extension of the guidance contained in the primary sources. It acts as a means of bringing the
loyal experts togethe and promoting unity and integrity of the Muslim community. Holy prophet
guaranteed God’s support for such collective exercise by saying; “Hand of God is on the community.”
Ijma allows various scholars to sit together and make collective efforts to tackle challenges of changing
times. Qiyas is the 4th source of Islamic law. It is the legal method of deducing one principle from
another by comparing them together. It is only applicable when the primary sources are silent on a
particular matter and even it hasn’t been decided by Ijma. Hence, the purpose of Qiyas is to facilitate
modern Muslims to fashion their lives according to Islam with the changing world. The approval of Qiyas
is found in the following words of Quran; “O you who believe! Obey Allah and obey the messenger and
those charged with authority among you”.