What are the meanings and the conditions for the validity of ijma? Can a model legislature be used for consensus of opinion?
Ijma
(Consensus of Legal Opinion)
Ijma and conditions for the validity of Ijma
Ijma:
Ø It is an Arabic term.
Ø A term in Islamic jurisprudence and the third most important source of Islamic law.
Ø Shaykh Ibn ‘Uthaymeen said:
Linguistically, ‘Ijma/consensus’ means to resolve and agree.
Ø The word ijma is derived from the word ‘Jama,’ which means to unite or add.
Ø It refers to the scholars of the ummah or the vast majority of them, agreeing on an issue in every age about which there is a clear rule in the Qur'an and Hadith.
Ø If a legal solution is neither available in the Quran nor in the sunnah, then Islam allows Muslims to find a solution that is agreed upon and accepted by most Muslims.
Ø In legal terms, it means a procedure through which any principle of law is formulated by unanimous opinion.
Ø It has also been defined as” a unanimous agreement of the Muslim jurists in a particular age on a particular question of law.”
Ø M Bernard said: “Ijma is the most important and basis of Islamic law technically is the unanimous doctrine and opinion of the recognize religious authorities at any given time.”
Fatwa ID: 182-179 / B = 2/1436-U Consensus in the term Sharia’s says:
The consensus of all the mujtahids of that time on Sharia’s ruling on the issue arose after the Holy Prophet's death (PBUH). So, when a problem arises and its ruling is not in the Book of Allah nor in the Sunnah of the Messenger of Allah, if this issue is presented to the mujtahids of that time, and all the mujtahids agree on a single command verbally or silently, then it is consensus. Opposition is haram.
The power of consensus as a source of legal thought and Islamic law rests on the following verses of the Qur'an:
ü “Hold fast to Allah’s rope all together and never be divided.” [03:103]
ü “You are the best community ever raise up to humanity. You bid for the desirable, forbid the distinguishing and believe in Allah.” [03:110]
ü “And those who strive in our cause, we will certainly guide them to our paths.’ [29:69]
ü O you who believe! Obey Allah and obey this Messenger and those who accuse him of consultant between you. If you disagree on something turn to Allah and His Messenger. " [Al- Nisa 04: 59)
Hadith about Ijma/consensus:
§ “My community will never agree upon an error.”
§ “Assemble the learned from among the believers and consult each other and do not decide on the opinion of one person.”
§ “The difference of opinion among the learned of my community is a sign of Allah’s grace.”
§ “Follow the main body for he who is separate from it will be separate in hell.”
§ “My ummah will not totally come to an agreement on misguidance.”
Basis of consensus/Ijma
Ijma can be based on:
I. Quran
II. Hadith
III. Analogy
IV. Logical Reasoning
Types of Ijma/consensus:
Ijma/consensus is of two types
I. Explicit
II. Tacit
1. Explicit:
Ø "One in which everyone's legal opinion Mujtahids of an era are found in this regard the legal issue, and each of them states its own clear feedback. "
Ø This is realized by meeting them sometimes examine a problem in one place and question and in the end, they agree.
Ø Sometimes, there are issues in which every mujtahid gives the same legal decision.
Ø It is well known and established, such as agreeing that five daily prayers are compulsory and Zina (disloyalty) is haram. No one can deny that such a consensus/Ijma is recognized or that it is in itself and its proof. He who rejects it becomes a disbeliever unless he is unfamiliar, and He should be forgiven for his unfamiliarity.
2. Tacit:
Ø It can only be known through investigation and education, where scholars may vary as to whether there is Ijma/consensus (on a particular issue) or not.
Ø This happens when a mujtahid, a or further, gives a legal opinion in this regard specific rules about a particular legal issue. The rest are informed. They give opinions, and they remain silent, and neither do they acknowledge nor object to it.
Shaykh al-Islam Ibn Taymiyyah was the most correct scholarly opinion on this subject when he said in Al-Aqedah Al-Wasatiyah: After a while, there were many dissimilarities, and the Ummah spread far and wide. Last reference
It is important to note that:
The Ummah cannot agree on anything that contradicts an undivided, clear, authentic scripture because it can only settle on what is right. If you see a consensus/Ijma that you think is the opposite, then there must be one: either the evidence is not clear, or it is not correct, or it has been revoked, or there is disagreement in this matter you were not aware of.
Legislature for consensus/Ijma or Legal Force of Ijma
Legal Force of Ijma
Various sources of Islamic law are used to clarify Islamic law through Islamic jurisprudence. The primary source, which is unanimously known by all Muslims, is the Qur'an and Sunnah.
· The Hanafi school: often relies on uniform deduction and independent reasoning,
· Maliki school: recognizes the Companions of Consensus and their successors in Madinah, without the opinion of others. This is how they recognize the consensus of Madinah.
· In the Shafi'i school, the use of Sunnah is more than Hanafi, and the similes are more than the other two.
· In Shia, four sources are used in the school of Jafari jurisprudence, which are Qur'an, Sunnah, consensus, and Aql. They use consensus in certain conditions and rely on intellect to find common ideologies based on the Qur'an and Sunnah.
Condition for Validity of Ijma/Consensus
There are certain conditions for consensus/Ijma, such as:
v There should be an agreement between the mujtahids. A mujtahid is a person who is eligible for Ijtihad.
· Non-Mujtahids are emitted
· Ordinary people emitted
· Members of a modern legislature are expelled until they have the status of mujtahid
v In this sense, it must be proved correct that it is either popular among scholars or transmitted by a reliable narrator who has read extensively.
v The agreement must be agreed upon.
v Mujtahids must be in the right place to the Islamic communal.
v All mujtahids must be Muslims and follow the Holy Prophet (PBUH)
v The mujtahid must have an agreement after the death of the Messenger of Allah (PBUH).
v It should not have meant differences of opinion before. If this were the case, then there would be no Ijma /consensus because scholarly opinions are not canceled by the death of their authors.
v The agreement should be between the mujtahids. For a while, although there are some mujtahids, they may differ from them in later periods.
v The agreement must always be governed by Islamic law.
v Mujtahids must have depended on Sanad to get their view.
Sanad: is the evidence that the mujtahids rely on to reach an agreement.
v Qiyas is also known as a legal Sanad for ijma.
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| conditions for the validity of Ijma |
v Ijma does not invalidate previous differences of opinion; Rather, it prevents dissent from arising.
v Ijma should have been passed on to the latter jurists regularly (written or in remember form)
v Because of the power of this argument, it is the most accurate theory.
Note that: After the mujtahid's death, Consensus/Ijma will be permissible because he can change them.
Comments and opinions as long as they are alive.
The agreement is necessary; death is not essential.
Editing and canceling the consensus
Maulana Muhammad Taqi Amini (may Allah have mercy on him) states the following points regarding the expansion of the powers of consensus and its amendment and repeal according to the social conditions and events after a formal consensus has been reached:
I. To formulate new laws according to the circumstances and requirements.
II. Rulings that have been revealed gradually, preceded, and delayed according to social conditions.
III. The rules, which are mixed with the local conditions, customs, characteristics, and habits of the Arabs, while maintaining their spirit and policy, prepare new forms for them in view of the modern conditions.
IV. The companions of the Prophet (PBUH) have different opinions on the rules, preferring one of them based on sound evidence, etc.
The place of Ijma as Islamic Law
The place of Ijma as Islamic Law
· The maximum of Muslim jurists, in certain Jurists from four leading schools of law are studying the agreement that Ijma show is an authentic one the basis of Islamic law.
· It is the duty of a Muslim to follow the rule of law derived from consensuses like the principle established by the text Quran and Sunnah.
· The legal principle created on consensus is fixed.
· It is not allowed to oppose.
· In addition, mujtahids are not allowed to use ijtihad on what has been a legal issue by consensus.
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