Introduction to Usul Fiqh : al-ijmak

INTRODUCTION TO
AL-IJMA’ -
 Definition
 The Basis of the validity of al-Ijma’
 Conditions for the validity of al-Ijma’
 Types of al-Ijma’
 The Possibility of Exercising al-Ijma’

INTRODUCTION TO
THE DEFINITION - LITERAL
 Al-Ijma’  ajma’a ( )
Determination and resolution
 Allah said:
“Determine your plan and among your
partners”
[Yunus: 71]

INTRODUCTION TO
DEFINITION [CONT’D]
b. Agreement upon a matter
”“
The people reached agreement on such and such.

INTRODUCTION TO
THE DEFINITION - TECHNICAL
 Ali Ibn Husayn al-Amidi (615 A.H)
“The unanimous agreement of the mujtahidun of the
Muslim community of any period following the demise
of Prophet Muhammad s.a.w on any matter”
 Muhammad Abu Zuhrah
“The unanimous agreement of the mujtahidun of the
Muslim community of any period following the demise
of Prophet Muhammad s.a.w on Shar’i (legal)
matters”

INTRODUCTION TO
TECHNICAL DEFINITION [CONT’D]
The consensus of mujtahids from the ummah of
Muhammad (peace be upon him) / of the Muslim
community after his death, in a determined period
upon a rule of Islamic law (hukm shar’i).

INTRODUCTION TO
THE BASIS OF AL-IJMA’
And whoever contradicts and opposes the Messenger
(Muhammad SAW) after the right path has been
shown clearly to him, and follows other than the
believers' way. We shall keep him in the path he has
chosen, and burn him in Hell - what an evil destination
[al-Nisa: 115]

INTRODUCTION TO
THE BASIS OF AL-IJMA’ (CONT’D)
103(
“Cling firmly together by means of Allah’s rope and
do not separate…”.
“My community (Ummah) shall never agree on an
error”

INTRODUCTION TO
THE BASIS OF AL-IJMA’ (CONT’D)
 The majority of Muslim scholars have concluded
that the consensus of all the mujtahidun on a
particular ruling is a sure indication that the word of
truth has prevailed over their differences.
 This means their consensus is achieved through
the strength of that truth that all of them believe in.
 The unanimous agreement of all the scholars on a
particular ruling indicates that there is clear
authority in Islam to uphold their consensus.

INTRODUCTION TO
CONDITIONS FOR THE VALIDITY OF OF AL-IJMA’
 The availability of
mujtahidin
 Unity in opinion
 Expressed opinion
 Ummah of Muhammad
 After the demise of the Prophet.
 The agreement made on a
single determined period.
 The agreement upon a hukm
shari’e
 Reliance on evidences
 In order to validate an al-Ijma’, the scholars have
regulated the process of al-Ijma’ by placing certain
conditions:

INTRODUCTION TO
THE AVAILABILITY OF MUJTAHIDIN
 The agreement must take place among those who have
attained the status of ijtihad.
 Agreement among the unqualified will not constitute
ijma’.
 Disagreement among the Jurist regarding the number
of mujtahid involved [tawatur/three]

INTRODUCTION TO
UNITY IN OPINION
 The agreement must be unanimous.
 According to most jurists, the agreement of the
majority of mujtahidin will not amount to Ijma’
howsoever small the number of the opposing minority.
 Some jurists consider that as a valid ijma’ when the
opposition is the minority.
 Some others consider the agreement of the majority as
persuasive, but would not call it ijma’.

INTRODUCTION TO
EXPRESSED OPINION
 The expression may be verbal or in writing, such as by
giving a fatwa (legal verdict) or it may be actual
when, for example, that every mujtahid expresses an
opinion and after gathering their views, they are found
to uphold this agreement.

INTRODUCTION TO
UMMAH OF MUHAMMAD
 All the jurists participating in ijma’ must be from the
ummah of Muhammad s.a.w.
 Reason for this requirement: Textual evidences
supporting the fact that is only the ummah of
Muhammad s.a.w. that is protected against error in
collective agreements.
“My community (Ummah) shall never agree on an error”

INTRODUCTION TO
AFTER THE DEMISE OF THE PROPHET
 The agreement must have taken place after the
demise of the Prophet s.a.w.
 An agreement during his lifetime is not considered as
ijma’.
 If the Prophet s.a.w. agreed with the Companions on
an issue, then, he was the source of the rule and not
ijma’.
 If he went against their agreement, their agreement
was not considered nor did it become a rule of law.

INTRODUCTION TO
THE AGREEMENT MADE ON A SINGLE
DETERMINED PERIOD
 The agreement must be among the mujtahids of a single
determined period, even if some of the jurists of the
subsequent period opposed them.
 The reason is that the constitution of ijma’ depends upon the
unanimous agreement of jurists and this is only possible in a
determined period, like a generation.
 If the period were left open and the opinions of all the jurists
of all periods were to be taken into account, the occurrence of
ijma’ would become impossible.

INTRODUCTION TO
THE AGREEMENT UPON A HUKM SHARI’E
 The agreement must be upon a rule of law, the hukm
shar’i.
 An agreement upon other things, eg: the rules of
grammar in Arabic or the the creation of the universe,
would not be an ijma’.
 The rule must state that a certain thing is prohibited,
permitted, valid or void.

INTRODUCTION TO
RELIANCE ON EVIDENCES
 The mujtahids should have relied upon dalils/
evidences for deriving their opinions.
 The dalil must be one of the accepted sources of law.
 The function of al-ijma’ is to make definitive an
evidence that is probable and subject to
interpretation.
 Reason for the requirement: To ensure that the jurist
has undertaken proper ijtihad to arrive at his opinion.

INTRODUCTION TO
TYPES OF AL-IJMA’
 There are two types of al-Ijma’:
1. al-Ijma’ al-Sarih or Explicit consensus
2. al-Ijma’ al-Sukuti or Implicit/Tacit
consensus

INTRODUCTION TO
AL-IJMA’ AL-SARIH
 An ijma’ in which every mujtahid expresses his opinion
either verbally or by action.
 Such as written agreement by the mujtahids when
certain issue discuss in an open forum such as
conferences or council.
 According to the majority of the scholars, explicit ijma’
is definitive and binding. It should be
implemented and become part of Islamic law.

INTRODUCTION TO
AL-IJMA’ AL-SUKUTI
 It is when some of the mujtahidun of a particular time
give an expressed opinion concerning an incident but
the rest remain silent.
 Such ijma’ can also occur when a scholar publicize his
view on a particular issue and the other scholars
remain silence which according to some scholars
indicate their agreement.
 This kind of ijma’ is acceptable and valid according to
the Hanbali school of Islamic law. However, the Shafi’i
and Hanafi refuse the validity of such ijma’

INTRODUCTION TO
THE POSSIBILITY OF EXERCISING AL-IJMA’
 It is possible?
 The International Council of Fiqh ()
 Councils of Fatwa

INTRODUCTION TO
THE END
THANK YOU

Introduction to Usul Fiqh : al-ijmak

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