3. MEANING OF IJMA
• DETERMINATION AND RESOLUTION
• AGREEMENT
LITERAL
• THE CONSENSUS OF MUJTAHID (INDEPENDENT JURIST) FROM THE
UMMAH OF MUHAMMAD PBUH AFTER HIS DEATH, IN A DETERMINED
PERIOD UPON A RULE OF ISLAMIC LAW (HUKM SYAR’ I)
TECHNICAL
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4. CONDITIONS OF VALIDITY OF
IJMA
THE UNANIMOUS AGREEMENT OF MUJTAHID (INDEPENDENT
JURIST) FROM THE UMMAH OF MUHAMMAD PBUH AFTER
HIS DEATH, IN A DETERMINED PERIOD UPON A RULE OF
ISLAMIC LAW (HUKM SYAR’ I)
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5. 1) THE AGREEMENT MUST BE UNANIMOUS
2) WHO ARE NOT QUALIFIED WILL NOT CONSTITUTE
IJMA
3) ALL MUJTAHID PARTICIPATING IN IJMA MUST
FROM THE UMMAH OF MUHAMMAD
4) THE AGREEMENT MUST HAVE TAKEN PLACE
AFTER THE DEATH OF PROPHET MUHAMMAD PBUH
5) THE AGREEMENT MUST BE AMONG THE
MUJTAHIDS OF A SINGLE DETERMINED PERIOD
6) THE AGREEMENT MUST BE UPON HUKUM SYAR’ I
7) RELIED UPON A SANAD
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6. THE SANAD OF IJMA
THE MAJORITY AGREE THAT EACH IJMA MUST HAVE A
SANAD ON WHICH THE JURIST SHOULD RELY WHILE
ARRIVING AT THE OPINION.
EVIDENCES FROM AL-QURAN AND AL-SUNNAH ARE TO
BE TREATED AS VALID SANADS FOR IJMA.
EVIDENCES FROM QIYAS.
*Sanad is the evidence (proof) upon which the mujtahids rely on, for arriving upon an agreement.
(sanad = the basis)
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7. TYPES OF IJMA
IJMA QAWLI / SARIH(EXPLICIT/EXPRESSIJMA )
• THE LEGAL OPINIONS OF ALL THE JURISTS OF ONE PERIOD COVERAGE IN RELATION
TO A LEGAL ISSUE AND EACH OF THEM STATES HIS OPINION EXPLICITLY
IJMA SUKUTI (TACIT IJMA)
• SOME MUJTAHID ISSUE A VERDICT ON A LEGAL ISSUED ND THE REST OF THE
MUJTAHID COME TO KNOW OF IT DURING THE SAME PERIOD BUT THEY KEEP
SILENT
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8. THE LEGAL FORCE OF IJMA AS A
SOURCE
THE MAJORITY OF THE JURISTS AGREED UPON THE RULE THAT EXPLICIT
IJMA IS A DEFINITIVE SOURCE AND IT IS OBLIGATORY TO ACT UPON IT, ITS
OPPOSITION IS PROHIBITED.
AL-NAZZAM AL-BASRI, A LEADING MU’ TAZILITE AND SOME OF KHAWARIJ
SAID IJMA IS NOT A BINDING SOURCE
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FIRST: THE BINDING STRENGHTOF EXPLICIT (EXPRESS) IJMA
9. 1) TACIT IJMA IS NOT AN IJMA [MALIKITES AND IMAM
AL-SHAFI’ I]
2) IT IS A LEGALLY BINDING AND DEFINITIVE SOURCE
[HANAFI AND IMAM AHMAD IBN HANBAL]
3) IT IS A PROBABLE SOURCE [AL-KARKHI- HANAFI JURIST
AND SHAFI’ I SCHOLAR]
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THE LEGAL FORCE OF IJMA AS A
SOURCE
SECOND: THE BINDING STRENGHT OF TACIT IJMA
11. Proof and Justification of Ijma’ as a Source of Islamic Law It is
established by the Qur’an and the Sunnah.
• The Qur’an: “ O ye who believe! Obey Allah and Obey the Messenger
and those charged with authority among you (uli al-amr). If ye differ in
anything among yourselves, refer it to Allah and His Messenger…” (al-
Nisa’(4):59)
The word ‘uli al-amr means ulama’ (scholars) of the community. Thus
the agreement of the mujtahids is bound to follow.
DETAILS OF ARGUMENT : READ NYAZEE, PG 187-190
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Mujtahid is one who exercises independent reasoning (ijtihad) in the interpretation of Islamic law. Qualifications include training in recognized schools of Islamic law and extensive knowledge of the Quran and hadith. In Islam, the title is reserved for the founders of the four official schools of Islamic law
E.g. of ijma’ based on the Qur’an; The prohibition of marriage with grandmother and granddaughter. This ijma’ is relied on the verse “Prohibited to you (for marriage) your mothers, daughters…” (al-Nisa’(4):23). The jurists hold that the meaning of mother is an origin and daughter is a branch.
حُرِّمَتۡ عَلَيۡڪُمۡ أُمَّهَـٰتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَٲتُڪُمۡ وَعَمَّـٰتُكُمۡ وَخَـٰلَـٰتُكُمۡ وَبَنَاتُ ٱلۡأَخِ وَبَنَاتُ ٱلۡأُخۡتِ وَأُمَّهَـٰتُڪُمُ ٱلَّـٰتِىٓ أَرۡضَعۡنَكُمۡ وَأَخَوَٲتُڪُم مِّنَ ٱلرَّضَـٰعَةِ وَأُمَّهَـٰتُ نِسَآٮِٕكُمۡ وَرَبَـٰٓٮِٕبُڪُمُ ٱلَّـٰتِى فِى حُجُورِڪُم مِّن نِّسَآٮِٕكُمُ ٱلَّـٰتِى دَخَلۡتُم بِهِنَّ فَإِن لَّمۡ تَكُونُواْ دَخَلۡتُم بِهِنَّ فَلَا جُنَاحَ عَلَيۡڪُمۡ وَحَلَـٰٓٮِٕلُ أَبۡنَآٮِٕڪُمُ ٱلَّذِينَ مِنۡ أَصۡلَـٰبِڪُمۡ وَأَن تَجۡمَعُواْ بَيۡنَ ٱلۡأُخۡتَيۡنِ إِلَّا مَا قَدۡ سَلَفَۗ إِنَّ ٱللَّهَ كَانَ غَفُورً۬ا رَّحِيمً۬ا (٢٣)
Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step daughters under your guardianship, born of your wives to whom you have gone in - but there is no sin on you if you have not gone in them (to marry their daughters), - the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allâh is Oft¬Forgiving, Most Merciful. (23)
E.g. of ijma’ based on the Sunnah. Ijma’ on the portion of grandmother in inheritance is one-sixth. This ijma’ is based on the Sunnah where the Messenger awarded one-sixth to the grandmother.
The majority of Muslim jurists, particularly the jurists of four well-known schools of law, are in agreement that express ijma’ is an authoritative source of Islamic law.
• It is incumbent on the Muslim to follow the legal rule of Islamic law that derived from ijma’ as similar to the rule established by the text of the Qur’an and the Sunnah.
• The legal rule based on ijma’ is definitive and it is not permitted to oppose it.
