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Sources of Islamic Law

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IJMA

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ISLAMIC REVEA

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
literally

From the Arabic word, ajmaa

()

technically
By al-Amidi (d.615AH/1218CE)

1. To determine and to agree upon


something
2. Unanimous agreement
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.

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.
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.


My community shall
never agree on an error

-narrated by IBN MAJAH-

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
ahlul
bait

IJMA AHL
MADINAH

GROUP OF
IJMA

Ijma
khulafa
rasyidin

IJMA
ULAMA

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 Saidah 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 Law
1-Allah gives His praises to the companion in Alquran (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

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