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GCSE · Islam

RS.TE8 Islamic Criminal Justice: Shariah, Hudud, Qisas and Diyya

AQA 8062 · Calculators not allowed · about 50 minutes

Total Marks

Name: _______________________________ Date: ____ / ____ / ______

Answer ALL questions. Show all your working.

Which one of the following best describes hudud punishments, in the context of Islamic criminal justice under Shariah?

A. Punishments set by a community vote
B. Fixed penalties prescribed for specific offences in Shariah
C. Financial payments always paid to the state
D. Sentences only applied in civil disputes

(Total for Question 1 is 1 mark)

Give two examples of offences that may be treated as hudud under classical Islamic law, in the context of the AQA Theme E topic on Shariah punishments.

(Total for Question 2 is 2 marks)

Explain two differences between qisas and diyya in Islamic criminal justice, framed by the aim of protecting society under Shariah.

(Total for Question 3 is 4 marks)

Explain two Muslim beliefs about how Shariah punishes crime. Refer to a source of wisdom and authority by naming an appropriate ayah (a Qur'an verse) in your answer.

(Total for Question 4 is 5 marks)

Give two short ways that diyya can protect society, within the Shariah legal framework.

(Total for Question 5 is 2 marks)

Give three elements often required before a hudud punishment can be applied under traditional Shariah procedures, in the context of ensuring justice.

(Total for Question 6 is 3 marks)

Explain two reasons why some Muslims believe hudud punishments are necessary for justice, with reference to the aim of adl in Shariah.

(Total for Question 7 is 4 marks)

State two aims of hudud punishments within the Shariah system, naming the aims as they relate to social order and justice.

(Total for Question 8 is 2 marks)

Explain two contrasting Muslim views about whether hudud punishments are fair. Refer to a source of wisdom and authority in your answer and name an ayah if you use one.

(Total for Question 9 is 5 marks)

Explain the importance of adl, justice, in the Shariah approach to criminal law.

(Total for Question 10 is 6 marks)

Give three reasons why a Muslim judge might accept diyya instead of ordering qisas in a murder case, within the Shariah framework.

(Total for Question 11 is 3 marks)

Evaluate the view that Shariah punishments are a fair way to deal with crime. In your answer you should give reasoned arguments to support this statement, give reasoned arguments to support a different point of view, refer to religious arguments and reach a justified conclusion. (Assessment includes up to 3 marks for Spelling, Punctuation and Grammar)

(Total for Question 12 is 15 marks)

Mark scheme · RS.TE8 Islamic Criminal Justice: Shariah, Hudud, Qisas and Diyya

Question 1

B1 correct option B, hudud are fixed penalties prescribed for specific offences in Shariah, cao
Answer: B

Question 2

B1 one correct hudud offence named, such as theft, adultery (zina), robbery, false accusation of zina (qadhf), or drinking alcohol, oe
B1 a second correct hudud offence named, distinct from the first, oe
Answer: Any two distinct hudud offences, e.g. theft and adultery (zina).

Question 3

B1 point 1: qisas is the principle of equal retaliation for murder or injury, oe
B1 development: qisas allows the victim's family to seek a similar harm to the offender, reflecting the idea of justice and deterrence, oe
B1 point 2: diyya is financial compensation offered to the victim or family as an alternative to qisas, oe
B1 development: diyya aims to restore social balance and can avoid further violence while providing practical support to the victim's family, oe
Answer: E.g. qisas is equal retaliation, while diyya is financial compensation offered instead; qisas focuses on retributive justice, diyya on compensation and social repair.

Question 4

B1 point 1: Muslims believe Shariah aims to establish adl, justice, by prescribing punishments that deter and protect society, oe
B1 development: punishments such as hudud set clear limits of behaviour and aim to prevent harm, oe
B1 point 2: Muslims believe Shariah allows mercy and alternatives, so punishments are not always applied if conditions are not met or forgiveness is chosen, oe
B1 development: practices such as accepting diyya or forgiveness by the victim's family reflect mercy within the legal framework, oe
B1 accurate reference to a Qur'an verse as a source of wisdom and authority, e.g. Qur'an 5:45, 'We ordained therein for them: life for life, eye for eye', or similar citation, oe
Answer: E.g. Shariah aims to uphold justice and deter wrongdoing (hudud/harm prevention) and also permits mercy and alternatives such as diyya; refer to Qur'an 5:45 for the principle of equal retaliation.

Question 5

B1 it can prevent cycles of revenge by providing a peaceful settlement, oe
B1 it provides financial support to victims' families, reducing social disruption, oe
Answer: Prevents revenge cycles; provides financial support to victims' families.

Question 6

B1 sufficient and reliable evidence or confession, oe
B1 the absence of valid doubt or extenuating circumstances, oe
B1 a competent judge or court to ensure proper procedure, oe
Answer: Reliable evidence or confession; absence of valid doubt or extenuating circumstances; competent judge/court to ensure correct procedure.

Question 7

B1 point 1: hudud provide clear, fixed penalties that deter crime and protect the community, oe
B1 development: clear rules can maintain public order and reflect the seriousness of certain offences, supporting adl, oe
B1 point 2: hudud are seen as divinely authorised, so applying them is an act of obedience to God's law and a way to ensure moral accountability, oe
B1 development: following divinely prescribed punishment is viewed as supporting a just society aligned with God's will, oe
Answer: E.g. hudud deter and protect the community; hudud are divinely authorised and enforce moral accountability, both supporting adl.

Question 8

B1 to deter others from committing similar offences, oe
B1 to uphold public moral standards and protect society, oe
Answer: To deter others from offending; to uphold moral standards and protect society.

Question 9

B1 view 1: some Muslims argue hudud are fair because they are prescribed by God and ensure equal justice, oe
B1 development: this view appeals to Qur'anic principles such as justice and the qisas rule in Qur'an 5:45, oe
B1 view 2: other Muslims argue hudud may be unfair in practice because strict evidential standards are not always met or social inequalities affect outcomes, oe
B1 development: this view stresses mercy, context, and the Prophet's teachings that mitigating factors and repentance matter, oe
B1 accurate reference to a source of wisdom and authority if used, e.g. Qur'an 5:45 or a relevant hadith citation, oe
Answer: Contrast: fair because divinely prescribed and deterrent (Qur'an 5:45 supports qisas) versus unfair in practice due to evidential and social problems and the need for mercy.

Question 10

Level 3 (5-6): A detailed, well-developed answer that explains several reasons why adl is central to Shariah criminal law, with supporting references to teaching and clear links between ideas.
Level 2 (3-4): An answer that explains some reasons why adl is important, with some supporting detail, though explanations may be limited.
Level 1 (1-2): One or two simple relevant points about the importance of adl are made with little development.
Level 0 (0): No relevant content.
Indicative content:
- Adl means establishing fairness and balanced treatment; it is a primary objective of Shariah in criminal matters.
- Punishments such as hudud and qisas are intended to reflect proportionate justice and protect society by setting clear consequences.
- Adl includes both retributive elements and opportunities for mercy, such as diyya and forgiveness by the victim's family.
- Ensuring proper evidence and fair procedure is part of adl, preventing wrongful punishment and upholding trust in the legal system.
- For many Muslims, following Shariah's requirements for justice is obedience to God and a way to maintain social harmony.

Question 11

B1 the victim's family agrees to accept diyya and forgives the offender, oe
B1 practical considerations such as preventing further violence or community unrest, oe
B1 the offender's repentance or mitigating circumstances influence the decision to accept diyya, oe
Answer: Victim's family agrees and forgives; to avoid further violence or unrest; offender's repentance or mitigating circumstances.

Question 12

Level 4 (10-12): A balanced, well-developed evaluation that offers several relevant arguments for and against the view, refers to religious teachings appropriately, and reaches a clear, justified conclusion.
Level 3 (7-9): A clear evaluation with arguments on both sides and some reference to religious teaching, but with less development or a weaker conclusion.
Level 2 (4-6): Some relevant points are made for and against the view, but analysis is limited and reference to religious teaching may be thin.
Level 1 (1-3): Limited or poorly expressed points, likely one sided, little or no reference to religious teaching.
Level 0 (0): No relevant material.
Indicative content:
- Arguments that Shariah punishments are fair: they are seen as divinely ordained and therefore authoritative for Muslims, providing clear rules and proportionate punishments such as hudud and qisas which support adl.
- Such punishments can deter crime and protect society, and diyya offers a restorative alternative that repairs harm and prevents cycles of revenge.
- Religious support: reference to Qur'an 5:45 for qisas and broader Qur'anic emphasis on justice, plus hadith stressing lawful procedure and fairness.
- Arguments that Shariah punishments may be unfair: in practice evidential standards may not always be met, socio-economic or gender inequalities can affect outcomes, and harsh applications can conflict with modern human rights concerns.
- Some Muslims argue that mercy, repentance and context must be central, and that application should be tempered by judicial discretion and contemporary interpretation (ijtihad).
- A balanced conclusion might accept that the principles of proportionate justice and restorative options in Shariah can be fair in theory, while recognising practical risks and the need for careful, just implementation that safeguards the vulnerable.

Islamic Criminal Justice: Shariah, Hudud, Qisas and Diyya - Worksheets, Questions and Revision