​Apart from the Qur’an discuss the other sources of Sharia

KCSE IRE Paper 1 2008 Question 6(b) with Answers.

​Apart from the Qur’an discuss the other sources of Sharia. (15 marks)

(i)

1. Hadith/Sunnah is the second source of Sharia to the Qur’an.
2. The prophet would sometimes explain the intent of the Qur’anic text by making a statement, at other times by an act. For example the Quran commands believers to establish regular prayers without description of the time they have performed. So the prophet prayed among his followers.
3. Revelation on matters of inheritance are in the Qur’an, but it was the prophet who gave an elaborate explanation of how the property should be shared out.

(5 marks)
(ii)

1. An agreement of opinion by the learned jurists to come lip with a certain solution to a problem.
2. It expresses the unanimous consensus by the learned jurist on a matter affecting/relating to Sharia.
3. The Qur’an exhorts man to ‘reflect’ to ‘understand’, to have sense. This shows that mankind is urged to apply reason and to exercise judgment.
4. The prophet himself followed/put into practice the principle of reason and judgment in religious matters when there was no express direction given in the Qur’an. Example is when he chose the method of calling people to prayer (Adhan). And when he sent Ibn jabal to Yemen. 

(5 marks)
(iii)

1. Qiyas means measuring by comparison.
2. It is also a legal principle introduced in order to arrive at logical conclusion/verdict/judgment of a certain law on a certain issue.
3. If a case comes up for a decision which is not expressly provided for either in the Qur’an or Suunah, the jurists/scholars look for a similar case in the Qur’an or Sunnah and by reasoning on the basis of analogy arrive at a decision/verdict/judgment, for example:- punishment given to those who drink alcohol.

(5 marks)

more