Ijmaa (Consensus of the Scholars of Islam)

[ummtaalib]

Asalamu Alaykum.

Can you explain in detail about the concept of ijma, its types and conditions?

 

Answer

Literally the word Ijmaa has two meanings:

 

1. Resolution to do something. It is said in Arabic:

أجمع فلان على السفر

 

So and so made a firm intention to travel.

 

 

2. Agreement. For example the Arabs say:

أجمع القوم على السفر

 

They all agreed to travel. (A Beginners Guide to Usool Ul Fiqh Page 82)

 

 

Terminologically the word Ijmaa means:

اتفاق علماء عصر من أهل العدالة والاجتهاد على حكم

 

The consensus of all the expert scholars of Islamic jurisprudence on a particular ruling in a particular era.

 

From the above definition we learn that only the view of the Mujtahid (expert scholars of Islamic jurisprudence) will be taken into consideration and not the view of any other scholars. Likewise, it is necessary that each and every of them agree on the ruling, whether it is verbally, or merely by their silent approval.

 

Ijmaa is from amongst the primary sources of jurisprudence. The validity of the consensus of this Ummah is a gift and an honour bestowed upon us. The authoritative nature of Ijmaa is established from a number of proofs from the noble Quraan and Sunnah of Nabi (sallallahu alayhi wa sallam).

 

{كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ } [آل عمران: 110]

 

“You are the best Ummah ever raised for mankind. You bid the Fair and forbid the Unfair.” (3:110)

 

In the above verse the word khayr has been used which denotes that this Ummah is intense in good. This clearly shows that tremendous goodness will be in what this Ummah agrees upon.

 

The verse further explains that the reason for their goodness is due to their quality of commanding what is right (Ma'ruf) and forbidding what is wrong (Munkar). Ma’ruf refers to that which is correct by Allah Ta'ala. We therefore learn that Ma’ruf is what this Ummah agrees upon.

 

{وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًا} [النساء: 115]

 

“Whoever breaks away from the Messenger after the right path has become clear to him, and follows what is not the way of the believers, We shall let him have what he chose, and We shall admit him to Jahannam, which is an evil place to return.” (4:115)

 

In this verse Allah equates those who follow a path other than that of the believers to those who disobey Nabi (sallalahu alayhi wa sallam) . Just as those who break away from the Messenger (sallalahu alayhi wa sallam) will go to hell fire, likewise those who do not follow what the Ummah agreed upon will also go to the hell fire. Similarly, just as it is necessary to follow the teachings Nabi (sallalahu alayhi wa sallam), it is imperative to follow what the Ummah agreed upon.

 

{وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ } [النور: 55]

 

“(Allah has promised that He) will certainly establish for them their religion which He has chosen for them” (24:55)

This verse clearly mentions that Allah Ta'ala is happy and has chosen that which this Ummah agrees upon.

 

{وَكَذَلِكَ جَعَلْنَاكُمْ أُمَّةً وَسَطًا لِتَكُونُوا شُهَدَاءَ عَلَى النَّاسِ} [البقرة: 143]

 

“In the same way We made you a just Ummah (community), so that you should be witnesses over the people.” (2:143)

 

Allah Ta'ala describes this Ummah as being just which clearly shows that what this Ummah agrees upon is correct.

These are just a few of the many evidences. There are many more textual proofs. However, we will suffice with the above.

 

As for the ruling, it will become compulsory upon a person to accept and believe in Ijmaa, if the following conditions are met:

 

1) We have to consider or see the authenticity of the report of Ijmaa to us.

2) If the Ijmaa itself is Qat’iyy ad-Dalaalah (definite implication).

3) If it is Ijmaa of all the Sahaabah in explicit terms.

 

An example of this is that all the honourable companions agreed to Sayyidina Abu Bakr (may Allah be pleased with him) being the first Khalif of Islaam. Thus, it is binding upon us to accept him as such.

 

والمعتبر في هذا الباب إجماع أهل الرأي والاجتهاد فلا يعتبر بقول العوام والمتكلم والمحدث الذي لا بصيرة له في أصول الفقه أصول الشاشي (ص: 226)

مطلب في منكر الإجماع وهذا موافق لما قدمناه عنه من أنه يكفر بإنكار ما أجمع عليه بعد العلم به ومثله ما في نور العين عن شرح العمدة أطلق بعضهم أن مخالف الإجماع يكفروالحق أن المسائل الإجماعية تارة يصحبها التواتر عن صاحب الشرع كوجوب الخمس وقد لا يصحبها فالأول يكفر جاحده لمخالفته التواتر لا لمخالفته الإجماع اه

ثم نقل في نور العين عن رسالة الفاضل الشهير حسام جلبي من عظماء علماء السلطان سليم بن بايزيد خان ما نصه إذا لم تكن الآية أو الخبر المتواتر قطعي الدلالة أو لم يكن الخبرمتواترا أو كان قطعيا لكن فيه شبهة أو لم يكن الإجماع إجماع الجميع أو كان ولم يكن إجماع الصحابة أو كان ولم يكن إجماع جميع الصحابة أو كان إجماع جميع الصحابة ولم يكنقطعيا بأن لم يثبت بطريق التواتر أو كان قطعيا لكن كان إجماعا سكوتيا ففي كل من هذه الصور لا يكون الجحود كفرا يظهر ذلك لمن نظر في كتب الأصول فاحفظ هذا الأصل فإنهينفعك في استخراج فروعه حتى تعرف منه صحة ما قيل إنه يلزم الكفر في موضع كذا ولا يلزم في موضع آخر اه (رد المحتار - ط. بابي الحلبي (4/ 223)

 

ثم بين المصنف أنه لابد لنقل الإجماع أيضا من الإجماع فقال ( و إذا انتقل إلينا إجماع السلف بإجماع كل عصر على نقله كان كنقل الحديث المتواتر ) فيكون موجبا للعلم و العمل قطعا كإجماعهم على كون القرآن كتاب الله تعالى و فرضية الصلوة و غيرها ( و إذا انتقل إلينا بالأفراد كان كنقل السنة بالآحاد ) فانه يوجب العمل دون العلم كمثل خبر الآحاد…( ثم هو على مراتب ) أي الإجماع في نفسه مع قطع النظر عن نقله له مراتب في القوة و الضعف و اليقين و الظن ( فالأقوى إجماع الصحابة نصاً ) مثل أن يقولوا جميعاً أجمعنا على كذا ( فإنه مثل الآية و الخبر المتواتر ) حتى يكفر جاحده و منه الإجماع على خلافة أبي بكر رضي الله عنه (ثم الذي نص البعض وسكت الباقون ) من الصحابة وهو المسمى بالإجماع السكوتي و لا يكفر جاحده و إن كان من الأدلة القطعية ( ثم إجماع من بعدهم ) أي بعد الصحابة من أهل كل عصر (على حكم لم يظهر فيه خلاف من سبقهم ) من الصحابة فهو بمنزلة الخبر المشهور يفيد الطمأنينة دون اليقين ( ثم إجماعهم على قول سبقهم فيه مخالف ) يعني اختلفوا أولاً على قولين ثم أجمع من بعدهم على قول واحد فهذا دون الكل فهو بمنزلة خبر الواحد يوجب العمل دون العلم و يكون مقدماً على القياس كخبر الواحد – (نور الأنوار ص222)

 

 

fatwaa.com

[ummtaalib]

What is Ijma and Qiyas and why we should follow them?

 

Answer

The Islamic Shariah is based on four foundations:

 

(1) The Holy Quran.

(2) Hadith.

(3) Ijma (consensus).

(4) Qiyas (analogy).

 

It is necessary and wajib to follow these sources. Ijma and Qiyas have been extracted from the holy Quran and Hadith. These four are the Usool (principle) of Shariah.

 

 

Can we just follow Quran and Hadith?

 

Answer

As it is necessary for us to follow the holy Quran and Hadith, in the same way it is necessary to follow those Usool and Furoo (derivative issues) extracted from the holy Quran. Otherwise people will start following their own will in the name of the Quran and Hadith. It is obvious that the person who follows his own will shall not be called the follower of the holy Quran and Hadith.

 

The above answers are part of the answer from Here

[ummtaalib]

Ijma

 

The third principle of Islamic Sharia Law is called Ijma.

 

Ijma literally means to determine or to agree upon something. Technically, Ijma is defined as the unanimous agreement of the scholars and jurists of the Muslim community of any period following the demise of the Prophet of Allah Sallallahu Alahi Wasalam. It is clear from its definition that Ijma can only occur after the demise of the Prophet Allah Sallallahu Alahi Wasalam. For during his lifetime, the Prophet was the highest authority on Sharia Law, hence the agreement and the disagreement of others did not affect the overriding authority of the Prophet. Following the demise of the Prophet Muhammad in the year 632, the Companions used to consult each other about the problems they encountered and their collective agreement was accepted by the community. After the Companions, this leadership role passed on to the next generation, the Successors and then to the second generations of Successors.

 

In this way a fertile ground was created for the development of the theory of Ijma. The essence of Ijma lies in the natural growth of ideas. It begins with the personal opinions of the jurists and culminates in the universal acceptance of a particular opinion over a period of time. Differences of opinion are tolerated until a consensus emerges, and in the process there is no room for compulsion or the imposition of ideas upon the community. (M.H. Kamali in his book Principles of Islamic Jurisprudence, p.231)

 

There is evidence from the Qur’an which indicates to the validity and establishing of this principle of the Sharia. For example, God says:

 

“Obey God and obey the Prophet and those who are in charge of affairs among you. Should you happen to dispute over something, then refer it to Allah and to the Prophet.” (Surah Nisa v.58 – v.59)

 

According to the famous Companion Ibn Abbas May God Be Pleased with Him considers this verse to be referring to the Islamic scholars.

 

Similarly, the Prophet of Allah Sallallahu Alahi Wasalam Companion Abu Bakr Radiallahu Anhu when he could not find a clear cut ruling on a matter in the Qur’an or the Sunnah, then he would consult with the senior and prominent Companions, and he would rule on the consensus reached. (Sunan Darimi)

 

The hadiths which you quoted in the question is referring to the validity of Ijma when it comes to Islamic rulings. The hadith is informing us to act upon the rulings of the majority of the scholars.

 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

[ummtaalib]

Ijma-as-Sahabah in Hanafi Madhaab

 

Assalamu alaikum Dear repected Ulema

 

I would like to know if Ijma-as-Sahabah is a stronger evidence than a hadith in the Hanafi usool?

Also, how many sahabah does there have to be to reach an ijama?

I have heard that the number is 5.

I have been of the understanding that Ijma can outweight a hadith because it is unthinkable that a group of Sahabah can contradict the sunnah of Rasullullah (saw) or make an error.

 

JazakAllah Khair

 

Answer

Wa alaikumussalam

 

1) According to the principles of Hanafi Jurisprudence, Hadith of Rasoolullah Salallahu alaihi wasallam is ranked as the second source of Islamic Law. Ijma’ (consensus) is third in line.

 

2) There is a difference of opinion regarding this amongst the Hanafi Jurists. The majority view is, Ijma can only be established when all of the Jurists of that era unanimously decide upon something, even the disagreement of one or a minority would not allow an Ijma’ to take place.

 

However, some of the Jurists such as Sarakhsi are of the opinion that even the agreement of Three Jurists constitutes an Ijma’. Some say 2. Some even say that if there only remained one Mujtahid alive, then his opinion alone would be considered Ijma’, due to the fat that at the time of isolation the term ‘ummah’ is befitting for him.

 

3) Can an Ijma’ outweigh a Hadith? FIrstly, it is unthinkable that the Sahaabah would unanimously contradict a Hadith that is Mutawaatir. There are many terminologies, principles and concepts one must understand before tackling this question. This requires alot of depth.

And Allah knows best.

 

Mufti Yaseen Shaikh

muftisays.com

[ummtaalib]

Ijma among the companions verses the method employed among the generation(s) of fuqaha that followed them

 

 

Question

Can you clarify the method for concluding an ijma among the companions verses the method employed among the generation(s) of fuqaha that followed them? 

 

To what extent was ijtihad employed in the process of concluding an ijma in these different generations?

 

I was previously under the impression that ijma on a specific issue would be reached when

 

1) the mujtahid conducts his individual ijtihad on a specific issues then

 

2) if all of the mujtahideen of that age agree then we could say there is a scholarly consensus.  It was recently brought to my attention that the ijma of the companions (radi Allahu anhum) may not necessarily have followed this model.  For example their ijma may have been a clarification or confirmation of specific narration from Rasulullah (sallallahu alayhi wa sallam) that hadn’t been related out of carefulness, and didn’t involve discovery into an issue using ijtihad. 

 

Can you clarify some of the ‘procedural’ differences between the eras, as well as the tools employed in reaching ijma?

 

 

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

The issue of Ijmaa’ (consensus) is a highly academic issue involving complex and intricate principles of Shari’ah. One needs to study many books of Usool al-Fiqh in order to understand the intricate principles governing Shari’ah known as Usool al-Fiqh, such as, Usool as-Sarakhsi (Muhammad bin Ahmad al-Sarakhsi), Kashf al-Asraar (‘Abdul ‘Azeez bin Ahmad al-Bukhari), Noor ul-Anwaar (Mulla Jeewan), Jam’I ul-Asraar (Muhammad bin Muhammad bin Ahmad al-Kaaki) and others. Usool al-Fiqh is generally taught in the third and fourth year of the traditional six-year ‘Alim course.

 

There are four basic sources of Fiqh:

• The Qur’an
• The Sunnahof His Rasulullah (sallAllahu ‘alayhi wa sallam)
• The Consensus (Ijmaa’) of the ummah
• Analogy (Qiyaas)

 

In the subject of Usool al-Fiqh, the details of the principles governing the laws extracted from the above four are explained in much detail. In the discussion of sources (usool) from the Qur’an, the issues of specification (khaass) and generality (‘aam), unconditional (mutlaq) and conditional (muqayyad), commonality (mushtarak) and interpreted (mu’awwal), command (amr) and prohibition (nahy) with the diminutives of all the above are explained in detail. Likewise, the mode of expression for example, apparent (zahir), clear (nass), explained (mufassar) and the unequivocal (muhkam) expressions, and those that oppose them, obscure (khafi), problematic (mushkil), unclear (mujmal) and the ambiguous (mutashabih) expressions.

 

With regards to the issue of Ijmaa’, there are of different degrees. Different rulings are stipulated for each degree of Ijmaa’. Some will be at the level of a verse from the Qur’an while others are at the level of mutawatir, or at the level of khabar al-wahid. Furthermore, other classifications of Ijmaa’ are discussed, such as murakkab, ghayr murakkab as well as ‘adamul qaa’il bil fasl.

Nevertheless, a direct understanding of this intricate topic without having the preliminary knowledge to understand the issue of Ijmaa’ may be counterproductive as understood from the above very brief explanation. Moreover, we have not touched the intricate principles from Hadith and Qiyas (analogy).

 

The intricacies of law with its definition and application will also be appreciated by a student of secular law as well. For example, the issue of “dolus eventualis” may not be easily understood by a person not having understood the basics of secular law. Even a judge may err in the understanding and interpretation of such a terminology.

 

And Allah Ta’āla Knows Best

Fahad Abdul Wahab

Student Darul Iftaa

USA

Checked and Approved by,

Mufti Ebrahim Desai

 

www.Daruliftaa.net

[ummtaalib]

Is it Kufr (disbelief) to reject Ijma’?

 

Question

Is it kufr to reject something upon which there is ijma’.  For example, the death penalty for apostasy. Many Muslims reject this law, and although its not proven from mutawatir ahadith (like stoning), there is still consensus on

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

There are 3 different levels of Ijmāʿ in terms of transmission:

 

1)    Al-Ijmāʿ al-Mutawātir (Continual consensus)

2)    Al-Ijmāʿ al-Mashūr (well known consensus)

3)    Al-Ijmāʿ al-Āhādī (solitary consensus)[1]

 

Only the rejection of al-Ijmāʿ al-Mutawātir has the potential to take someone out of the fold of Islam. Rejecting al-Ijmāʿ al-Mashūr (well known consensus) or al-Ijmāʿ al-Āhādī (solitary consensus) will not result in apostasy.  However, a person who rejects al-Ijmāʿ al-Mashūr (well known consensus) or al-Ijmāʿ al-Āhādī (solitary consensus) will be regarded as deviant and must do Tawbah.

 

Furthermore, al-Ijmāʿ al-Mutawātir can only be established from the Sahābah Raḍiallahu `anhum.  `Allamah Qasim ibn Qutlūbgā rahimahullah mentions that only the rejection of the Ijmāʿ which was explicitly agreed to (taṣrīhan) by the ṣahābah raḍiallahu ʿanhum has the potential to take one out of the fold of Islam. 

 

Rejection of an ijmāʿ which has the explicit approval of some and tacit approval of others will not take one out of the fold of Islam.[2]

Despite extensively researching, I have not been able to locate an ijmāʿ on the killing of apostates which has taṣrīh (explicit approval) of the Sahābah. 

 

Generally, whenever there is doubt in something resulting in disbelief or not, the Fuqahā’ do not issue a fatwa of disbelief.  Instead, the Fuqahā’ state that if there are 70 clear reasons to issue a fatwa of disbelief upon someone and 1 vague and unclear reason to prove he is a believer, the Muftī must issue a fatwa of the person being a believer and disregard the 70 clear reasons.[3]

 

And Allah Ta’ālā Knows Best

Mufti Faraz Adam al-Mahmudi,

www.darulfiqh.com

[Haya]

 

So Ijma is done regarding the matters which isn't found in the Qu'ran and Hadith, like Qiyas?

 

Aani Ummi Talib could you please show me some examples about what sahabah karam radhiallahu anhum had ijma in?

 

[ummtaalib]

ok we know from reading the posts  that when  the sahaba RA did not find any clear ruling from the Qur'an and Sunnah, consultation took place..

 

 

Abu Bakr Radiallahu Anhu when he could not find a clear cut ruling on a matter in the Qur’an or the Sunnah, then he would consult with the senior and prominent Companions, and he would rule on the consensus reached. (Sunan Darimi)

from post number 3

 

 

 

Examples of Ijma’ are:

1. The second of Jummah.
2. Compilation of the Qura’an in a single manuscript.
3. Prohibition of Muta’

From the post below

[ummtaalib]

Question

Salaams, Please assist me with an explanation to the following.

 

1. What are the implications of Universal and Local ijma?

2. What is the legal basis of Qiyas?

3. Examples of three cases settled by Qiyas.

4 One example of the application of Ijma

 

JazaakAllah. May Allah Reward you for all your efforts. Amen

 

Answer

 

In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

 

We acknowledge receipt of query and your answer follows hereunder;

 

1.  The universal consensus of the scholars of the Muslim community as a whole can be regarded as conclusive Ijma’ as lay down by Ulama of Usul and is binding by early Usuliyeen (scholars of Usul i.e principles of Islamic jurisprudence).

 

The first time, Ijma’ occurred among the Sahabis, companions of the Prophet (Sallallaahu ‘alayhi wassallam). Unanimity of Ulama on an issue of a particular time is a requirement of Ijma’. However Ijma’ initially is to bring unity of Ummah in some matters and enhances the authority of the rule. Ijma’ will also be regarded to be an absolute proof in Shari’ah, to go against an absolute proof of Shari’ah could be of great threat for our Imaan.

 

 

2.   Examples of Ijma’ are:

1. The second of Jummah.
2. Compilation of the Qura’an in a single manuscript.
3. Prohibition of Muta’

 

 

3.  Technically, qiyas is the addition of a Shari’ah value from an original case, or asl,, because the latter has the same efficient root as the former. The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case. Recourse to analogy is only warranted if the solutions of new cases are not covered by the nusus (Qur’an & Sunnah) or a definite ijma`; otherwise it would be vain to resort to qiyas if the new case could be resolved under a ruling of the existing law.

 

 

4.  A simple example of qiyas is the ruling of all intoxicants being haraam. In the Holy Quran, Allah Ta’ala orders us to refrain from khamar (wine, alcoholic drinks). So it would clearly appear that the reason for the prohibition is because of the intoxicating effect. Therefore, although not particularly mentioned in the Qura’an and Hadith, all other things which have an intoxicating effect (such as drugs etc.) will be deemed haraam as well due to the verse which prohibits khamar.

 (Tasheel Usul-ul-Shashi, P. 168, Idaratul Quran)

 

 

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum

 

Ml. Mohammad Ashhad bin Said

Correspondence Iftā Student, Mauritius

 

 

Checked and Approved by:

Mufti Ebrahim Desai

Dārul Iftā, Madrasah In῾āmiyyah

[Haya]

The second of Jummah.

 

 

What does it mean? The 2nd adhan of Jummah?

 

[ummtaalib]

Yes...i was meant to check that before posting but forgot, sorry

 

from another place

Example of Ijma is the second Athaan of Jumu'ah (Friday)

[Haya]

Yes...i was meant to check that before posting but forgot, sorry

 

from another place

Okay

 

One more example of Ijma of sahaba : Twenty rakah taraweeh salah.

[ummtaalib]

As far as i've understood it is the method of performing taraweeh in jama'at and completing the Qur'an in the 20 rakat which is Ijma (not the number of rakat)...and Allah ta'ala knows best.

 

EDIT

 

 

Hazrat Umar radhiallahu anhu during his khilaafat had directed that taraweeh salaat be performed collectively in the masaajid, lest the practice gradually dissipates from the Ummah. He did not introduce the number of rakaats on his own accord. To believe that the twenty rakaats is an innovation of Umar radhiallahu anhu is to undermine the integrity of Umar radhiallahu anhu and all the Sahabah who were present at that time!

Source: jamiat.co.za