Al-IJMA’

‫اإلجماع‬

INTRODUCTION TO
 AL-IJMA’ - ‫اإلجماع‬
 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 ( ‫) أجمع‬
Determination and resolution

 Allah said:
‫فاجمعوا أمركم وشركاؤكم‬
“Determine your plan and among your
partners”
[Yunus: 71]

INTRODUCTION TO
 DEFINITION [CONT’D]
b. Agreement upon a matter

“‫”أجمع قوم على كذا‬

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]

‫اتفاق المجتهدين من أمة محمد صلى هللا عليه وسلم بعد‬

‫وفاته في عصر من العصور على حكم شرعي‬

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).

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 THE BASIS OF AL-IJMA’

:‫قال هللا تعالى‬

َ ‫َّن لَ ْهُ ال ُهدَى َويَْت َّ ِبعْ غَي َْر‬
ِْ ‫س ِبي‬
‫ل‬ َْ ‫ل ِمنْ بَع ِْد َما ْت َبَي‬
َْ ‫سو‬ ُ ‫الر‬
َّ ‫ق‬ ِْ ِ‫َو َمنْ يُشَاق‬
ْ‫صيرا‬ ِ ‫سا َءتْ َم‬َ ‫ين نُ َو ِل ِْه َما ت َ َولَّى َونُصِْل ِْه َج َهنَّ َْم َو‬
َْ ِ‫ال ُمؤ ِمن‬
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)

‫" (آل‬...‫يعا َْوال تَفَ َّرقُوا‬ َّْ

ْ ‫ّللاِ َج ِم‬ ِ َ ‫" َواعت‬
ْ‫ص ُموا ِب َحب ِل‬
)103:‫عمران‬
“Cling firmly together by means of Allah’s rope and
do not separate…”.

ْ‫ ”الْتجتمعْأمتي على‬:‫قالْرسلْهللاْصلىْهللاْعليهْوسلم‬
“‫ضاللة‬
“My community (Ummah) shall never agree on an
INTRODUCTION TOerror”
 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’
 In order to validate an al-Ijma’, the scholars have
regulated the process of al-Ijma’ by placing certain
conditions:

 The availability of  After the demise of the Prophet.

mujtahidin
 The agreement made on a
single determined period.
 Unity in opinion

 The agreement upon a hukm

 Expressed opinion shari’e

 Ummah of Muhammad  Reliance on evidences

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.

“‫ ”ال تجتمع أمتي على ضاللة‬:‫قال رسول هللا صلى هللا عليه وسلم‬

“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.

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 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.

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 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 refute the validity of such ijma’

INTRODUCTION TO
 THE POSSIBILITY OF EXERCISING AL-IJMA’

 It is possible?

 The International Council of Fiqh ( ‫المجمع الفقه‬

‫)العالمي‬

 Councils of Fatwa

INTRODUCTION TO