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IJMA and QIYAS

Ijma refers to the consensus of the Islamic scholarly community on a matter where the primary sources are silent. There are three types of Ijma - consensus of the companions, jurists and scholars, and the common people. Qiyas uses analogy and human reasoning to derive rulings for new situations by comparing them to existing Islamic rulings and their underlying reasons. However, some reject the use of Qiyas arguing matters of belief should only be derived from the Quran and hadith.

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Javaria Shahzad
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136 views2 pages

IJMA and QIYAS

Ijma refers to the consensus of the Islamic scholarly community on a matter where the primary sources are silent. There are three types of Ijma - consensus of the companions, jurists and scholars, and the common people. Qiyas uses analogy and human reasoning to derive rulings for new situations by comparing them to existing Islamic rulings and their underlying reasons. However, some reject the use of Qiyas arguing matters of belief should only be derived from the Quran and hadith.

Uploaded by

Javaria Shahzad
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IJMA:

 Secondary sources of Islamic law


 Literal meaning: agreeing or uniting in opinion
 Islamic Jurisprudence: consensus of Islamic community on some point of law about which
primary sources are silent
 View of Muslims has been that this should be the function of Ulemas alone who are well versed
in the science of law which requires deep study
 (Holy Prophet’s refs regarding Ijma)
 Examples of Battles of Uhud and Trench, and Treaty of Hudaibiya (exp)
 Anything becoming part of the Shariah during Prophets life is regardied as “Definitive type of
Ijma”
 Ijma is of three types:

Consensus of Companions:
 Universally accepted, unchangeable
 Appointment of caliphs after Prophet’s death
 Compilation of the Holy Quran
 Giving structure to Islamic state
 Any other policy-related decision

Jurists and Scholars:


 Religious authorities and scholars
 Sufficient knowledge of Quran, Sunnah, Fiqh, Arabic grammar and other sciences in the field of
religion
 (i) explicit ijma: opinion of all jurists and stating them explicitly
 (ii) silent ijma: one or more gives his opinion and rest remain silent

Common people/masses:
 General body of muslim community
 Elections in a democratic state

QIYAS:

 Opinion adapted to the changing requirements of Islamic Shariah


 Literal meaning: comparing and analyzing
 Uses human reasoning to compare an existing situation with one which already exists
 Process of legal deduction in which jurists confront an unprecendented case and form their
logical argument based upon Quran and Sunnah
 Interrogating the legality of situations
 E.g. of conversation btw Holy Prophet and Muaz bin Jabal
 Prophet tried to give answers in analogical form to train people into legal thinking
 E.g. of woman asking the Prophet whether she could perform Hajj on deceased father’s behalf
 Four essential elements to effectuate Qiyas: Far, Asl, Illah, Hukm
 E.g. of wine-> all substances which have the same effect as wine shall be banned (exp)
 Should not be based upon effective cause which can not be understood for e.g. circling the
Ka’abah seven times, number of Rakaat in prayer etc
 Should not be specific to the original case only; for e..g regarding the permission for the Holy
Prophet of marrying more than 4 wives
 Death of the Prophet deprived Muslims of means of receiving revelations and guidance
 Forced Muslim Ummah to regulate their conduct from their own opinion and reasoning

REJECTION OF QIYAS:

- Detailed description already in the Holy Quran


- Shouldn’t put yourself forward before Allah and His Prophet
- Not something on which ‘public’ agrees upon
- Cannot be used to answer essential questions of belief such a investigate matters regarding
Allah’s nature and attributes

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