IJMA’ AND QIYASISLAMIC REVEALED KNOWLEDGE

(RKA0433)

Sources of Islamic Law

IJMA’ (CONSENSUS OF OPINIONS)

•Ijma’ does not directly partake in the divine revelation unlike the Quran and the Sunnah.

•Ijma’ is a rational and binding proof.

MEANING OF IJMA’• 1. To determine and to agree upon

something• 2. Unanimous agreementliterally• The unanimous agreement of the mujtahidin of

the Muslim community of any period following the demise of Prophet s.a.w on any matters pertaining to Islam whether in belief or moral and legal matters. (by al-`Amidi)

• Modern scholar, Abu Zahrah has narrowed this definition to confine it to legal matters only.

• It must be the agreements of qualified scholars who fulfil certain conditions laid down by the scholars to exercise ijtihad.

• In fact, the existing body of Fiqh is the product of a long process of ijtihad and ijma’.

technically

From the Arabic word, ajma’a (اجمع)

By al-’Amidi (d.615AH/1218CE)

BASIS OF IJMA’• It should be noted that they have on the whole maintained the view that the textual

evidence in support of ijma’ does not amount to a conclusive and decisive proof but it is rather an indication of the utilization of ijma’.

ال تجتمع أمتي My community shall never agree on an errorعلى ضاللة

-narrated by IBN MAJAH-

• Ijma’ is a form of agreement and this Hadith assures that it is impossible for Muslims to agree on something which is wrong or something which could lead Muslims astray.

• In conclusion, the consensus of all the mujtahidun (those who are qualified to exercise ijma’) on a particular ruling is a sure indication that the word of truth has prevailed over their differences.

• This rational argument in support of ijma’ has been further advanced to the effect that consensus upon a ruling in Islamic law is bounded to be founded on sound ijtihad (reasoning).

• Since ijtihad is founded on sound authority in the first place, the unanimous agreement of all the scholars on a particular ruling indicates that there is clear authority in Islam to sustain their consensus.

• Ijma’ in other word accounts for its own authority.

REQUIREMENTS OF IJMA’There are number of

mujtahidun available at the time when the issue is

encountered.

• Consensus will never exist unless there is a plurality of concurrent opinions.

Unanimity is a prerequisite of ijma’.

• The presence of a different view, even by a small minority precludes the possibility of ijma’.

The agreement of the mujtahidun must be

demonstrated by their expressed opinion on a

particular issue.• The expression may be

verbal or in writing.

Ijma’ khulafa rasyidin

IJMA’ ULAMA

IJMA AHL MADINAH

Ijma’ ahlul bait GROUP

OF IJMA’

EXPLICIT IJMA

( AL-IJMA’ AL-

SARIH )

• Every mujtahid expresses his opinion either verbally or by action.

• Explicit ijma’ is definitive and binding.

TACIT IJMA’

( AL-IJMA’ AL-

SUKUTI )

• Some of the mujtahidin of a particular age give an expressed opinion concerning an incident but the rest remain silent.

• The scholars that remain silent had known of the opinion of other mujtahidun and then had ample time to investigate and express an opinion but he choose to remain silent.

TYPES

OF IJMA’

THE POSSIBILITY OF EXERCISING IJMA’

• During the period of the Rightly Guided Khulafa, most of the scholars of the companions were residing in Madinah.

• Therefore, making it easy for them to meet and discuss any issues that may arise within the Muslim community.

• Ijma’ can only occur after the demise of Prophet (s.a.w) because he is the highest authority of Islamic Law at that time.

After the period of companion, the tendency to uphold ijma’ had gradually weakened and according to some scholars ijma’, its exact meaning was not exercised after the Rightly Guided Caliph period.

As for the move to revive and reform ijma’, the different platform such as Majma’ Al-fiqhi Al-’alami exist at present and the different council of fatwa should study the possibility to introduce an authoritative body to represent the Muslim ummah.

Thus, have the authority to issue legal fatwa which can be considered as binding upon the Muslim ummah.

EXAMPLE OF IJMA’•1- THE COMPILATION OF AL-QURAN INTO A MUSHAF

-AL-QURAN THAT HAVE BEEN COMPILE AND USE BY US NOWADAYS IS THE RESULT OF IJMA’.

Meaning: Indeed, it is We who sent down the Qur'an and indeed, We will be its guardian.

2- The Commandment of choosing the caliphs within 3 days

Some of the companion manage the death of the Prophet and the others manage the choosing of Caliphs at Saqifah Bani Sai’dah until Saidina

Abu Bakar was appointed as khalifah after Prophet demise.

The Reason why Ijma’ of companion can be accepted as the source of Islamic

Law1-Allah gives His praises to the companion in Al-quran (surah Al-Taubah verses 100) which its meaning is definitive.

2-The companion is the people who collect,memorize and deliver the content of Al-quran and Al-sunnah for the next generation.

3-They live in the time of Rasulullah

4-It is impossible for them to agree on astray matter