I.R.E QUESTIONS AND ANSWERS - ATIKA SCHOOL

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Outline four differences between Sharia and fiqh

1/4/2021

Outline four differences between Sharia and fiqh. (4 mks)

Differences between Shariah and Figh

Sharia is laid down by Allah and the prophet while fiqh is largely the result of human Endeavor.
It is a wider circle and embraces all human activities while fiqh is a narrower one an deals with legal acts.
Shariah is fixed and does not change while fiqh changes according to time and circumstances.
Its laws are general while fiqh are specific.

4 x 1 = 4marks

Outline four differences between Sharia and fiqh

Discuss the relevance of punishment according to Sharia law.

31/3/2021

Discuss the relevance of punishment according to Sharia law. (8marks)

It promotes fairness and justice in the society
Kind abomination may give a criminal a chance to reflect on his conduct
It gives the criminal room for reform
It helps maintain peace and harmony in society by minimizing criminal acts
It is a way of deterring others from committing similar or other related crimes
It shield Muslims from effects that may arise as a result of sins or crimes e.g transmission of sexually transmitted diseases through crimes like zinaa
Since the prescription is from Allah (SW) the believers are satisfied psychologically
The sharia instills fear thus the potential criminals will have fear
The law is deterrent hen e stop crime
It is punitive to stop others from engaging in crime

Outline four differences between Sharia and fiqh

30/3/2021

Outline four differences between Sharia and fiqh. (4 mks)

Differences between Shariah and Figh

Sharia is laid down by Allah and the prophet while fiqh is largely the result of human Endeavor.
It is a wider circle and embraces all human activities while fiqh is a narrower one an deals with legal acts.
Shariah is fixed and does not change while fiqh changes according to time and circumstances.
Its laws are general while fiqh are specific.

4 x 1 = 4marks

Outline four differences between Sharia and fiqh

Apart from the Quran, Discuss any other two sources of Islamic sharia.

26/3/2021

Apart from the Quran, Discuss any other two sources of Islamic sharia. (6 marks)

Ijma-This is the unanimous agreement of great Muslim scholars on all matters affecting the sharia. It is applied under the following conditions:
It is only applied when certain issues have not been described or discussed directily and clearly by the Quran and the sunnah.
The resolutions reached should be adapted and becomes law.
Qiyas-This is the process of reasoning by analogy. It is applied under the following conditions:
It is applied by comparing certain acts that have been prohibited by the Quran and then finding reasons for making it haram. .
Must be used on the basis of the Quran and Sunnah.
Must be applied by a well conversant Muslim scholar

Give five qualities of a Muslim witness

25/3/2021

Give five qualities of a Muslim witness. (6mks)

He is mature (of full age).
He is sane (of good reason).
He is pious.
He is of good reputation.
He is no suspect.
Has partial knowledge of the subject on which evidence is required.

(6 x 1 = 6mks)

Give five qualities of a Muslim witness

Explain the factors that hinder the application of Sharia (Islamic Law) in Kenya.

24/3/2021

a. Explain the factors that hinder the application of Sharia (Islamic Law) in Kenya. [6 Marks].

Explain the factors that hinder the application of Sharia (Islamic Law) in Kenya.

Islamic Law applies on Muslims only whereas Kenya has many other religions, i.e. Christianity, Hinduism, etc.
People prefer Secular law to Islamic because the Islamic Law cannot be manipulated.
There is a lack of enough learned personnel in the Islamic Sharia.
There is a lot of influence and interference from other forces that do not want the establishment of an Islamic State or application of the Islamic Law, e.g the human rights organizations.
There is also political interference that curbs the application of Islamic Law.
Ignorance on Islamic matters of Sharia and Islam in general by both Muslims and non Muslims.
Lack of patronage in the parliament who would push for motions on Islamic Law.
Emphasis is not stressed on Islamic Law to be taught at all levels.

(6x1 Marks)

Differences between Sharia and Secular law.

22/3/2021

KCSE IRE Paper 1 2009 Question 5(b) with Answers and Marking Scheme.

(b) Differences between Sharia and Secular law. (10 marks)

Sharia	Secular Law
i) Sharia is from Allah/Divine Law	Made by man/man made law.
ii) It is universal	Not universal. Every country has its own laws.
iii)Cannot be changed to suit situations.	Is changed/reviewed to suit situations.
iv) It is a form of worship	Mere laws to govern/regulate human behaviour and relationships
v)One gets thawab both in this world and in the Hereafter.	Gives dignity and honour in this world only.
vi) Those who break Sharia can get away with it in this world but will be punished in the Hereafter.	A person can break the law and get away with it. .
vii) It is not based on favouritism. his applied to all people regardless of colour, race, class etc.	Can discriminate against some people.
viii) People will be held accountable both in this world and Hereafter.	People are only held accountable in this world/in this life only.
ix)Expanded by the prophetic tradition and Islamic Scholars using the Quran as a basis.	Expanded by ordinary human beings i.e lawyers using man made constitution (5x2=10 marks)

Give five reasons why Qiyas is an important source of Shariah to Muslims.

18/3/2021

KCSE IRE Paper 1 2012 Question 5(c) with Answers.

(c) Give five reasons why Qiyas is an important source of Shariah to Muslims. (5 marks)

Reasons why Qiyas is an important source of Shariah to Muslims.

Through Qiyas, Muslims are able to solve issues which are not directly mentioned either in the Quran, Hadith or ljmah.
Use of Qiyas encourages analytical and positive thinking among Muslims so as to solve issues affecting them.
Make it easy to understand/use and apply the Islamic Shariah/law.
Use of Qiyas leads to better understanding of Islam.
Simplifies the understanding of Quran and Hadith as sources of Shariah.
Assists Muslim scholars make decisions affecting Muslims and pass injunctions/fatwa.
It gives a precise way of ruling on a case e.g intoxicants.
Qiyas as a source of Shariah assists Muslims in solving issue that come up at different times and places.
Qiyas is the most widely used of the four sources, in Shariah applications.

Outline factors that would hinder the application of Islamic Law in Kenya

18/3/2021

KCSE IRE Paper 1 2007 Question 5(b) with Answers.

Outline factors that would hinder the application of Islamic Law in Kenya. (12 marks)

Majority of Kenyans are non-Muslims and view Sharia as a threat/regard it with suspicion.
Lack of enough learned personnel in Islamic Law to implement and execute it.
Some Muslims tend to compromise on matters related to Shariah and might not support it in order to conform to the establishment.
Kadhi's courts in the country are too few to deal with issues of the Law.
Shariah would have to be included in the constitution and this would be opposed by the rest of the Kenyans.
Some Muslims prefer secular law as it can be manipulated.
The powers of the Office of the Chief Kadhi are limited to deal with the personal/family matters and does not extend to criminal and civil matters
External pressure, for example: the human rights activists.
It would be considered a threat to national unity.

(6 x 2 = 12 marks)

Explain the conditions for the use of ijmah as a source of Shariah.

9/3/2021

KCSE IRE Paper 1 2017 Question 5(a) with Answers.

(a) Explain the conditions for the use of ijmah as a source of Shariah. (6 marks)

Conditions for the use of Ijmah as a source of shariah

When the Quran and Hadith are silent or have not given details about an issue. The Quran and Hadith may not contain answers to questions asked, and so people come up with their own different answers, this is where the role of ljmah is of utmost importance.
Scholars should comprehensively discuss and reach a consensus on an issue/problem. Conclusions reached upon must be unanimously agreed upon by all scholars.
The solution found must be made in the light of the guidance/teachings of the Quran and Hadith, it should not contradict either
The scholar must be conversant with Islamic jurisprudence must be experts on shariah (mujtahid)

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

9/3/2021

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

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

(i)

Hadith/Sunnah is the second source of Sharia to the Qur’an.
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.
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)

An agreement of opinion by the learned jurists to come lip with a certain solution to a problem.
It expresses the unanimous consensus by the learned jurist on a matter affecting/relating to Sharia.
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.
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)

Qiyas means measuring by comparison.
It is also a legal principle introduced in order to arrive at logical conclusion/verdict/judgment of a certain law on a certain issue.
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)

Explain conditions under which life may be taken as punishment according to Islamic Law

9/3/2021

KCSE IRE Paper 1 2008 Question 4(b) with Answers.

Explain conditions under which life may be taken as punishment according to Islamic Law. (8 marks)

Qisas (law of equity) applied for a murderer who kills someone intentionally.
Punishment of death to the traitor/those who try to overthrow an elected Islamic goverrnnent/punishment for those who are guilty of treason.
In war of defence (Jihad) against the enemies of Islam.
A married man or woman who is given Hadd as punishment for adultery.
Those who commit highway robbery.
Apostacy.

(8 marks)

State the categories of legal acts according to Sharia

4/3/2021

KCSE IRE Paper 1 2006 Question 6(b) with Answers.

b. State the categories of legal acts according to Sharia. (5 marks)

Categories of Legal Acts

Farah and Wajib.
Sunnah.
Sahih and batil.
Halai.
Makruh.
Mubah.

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