Q8). Define Ijma (consensus) and explain its different kinds.
Highlight its
importance in the light of Quran and Sunnah. [20]
Ans. There are four sources of Sharia or Islamic law. They are as following:
1. Holy Quran.
2. Sunnah or practices of the Holy Prophet (SAW).
3. Ijma.
4. Qiyas.
Ijma is the third source of Islamic law. Ijma literally means agreeing upon or
uniting in opinion. Ijma is defined as the consensus of opinion of the companions
of the Holy Prophet (SAW) or of the Muslim jurists of modern age on a quest of
law.
Various schools of thought within Islamic jurisprudence have different views over
who is considered a part of this consensus, whether consensus is needed only
among jurists of modern age, the companions of the Holy Prophet (SAW), first
three generations of Muslim jurists or the entire Muslim community. The majority
view is split between two possibilities namely:
1. Ijma al-ummah:
This states that religious consensus (Ijma) is the consensus of the entire Muslim
community.
Ijma al-aimmah:
This states that religious consensus (Ijma) is the consensus of modern age
jurists.
Ijma came into existence after the death of Holy Prophet (SAW). During his life,
every question whatever might have been its nature was answered by Holy
Prophet (SAW) but after his demise and with the expansion of Islam, there arose
complexities in various matters for which there were no clear directions in the
Holy Quran and Sunnah of Holy Prophet (SAW). Therefore there was a necessity
of finding out new rules and regulations for those matters. To find out new rules,
Muslim jurists on the basis of Holy Quran and Sunnah gave their decisions after
mutual consultations.
There are three types of Ijma; Ijma-e-Qowli, Ijma-e-Amali and Ijma-e-Sukooti.
These three are explained hereunder:
1. Ijma-e-Qowli:
Ijma-e-Qowli is when Muslim jurists verbally specify and discuss an issue and
then unanimously agree on an issue by way of speech. In this type of Ijma, jurists
make comments either in favor or against the issue and then verbally announce
a final statement about the issue.
Ijma-e-Amali:
Ijma-e-Amali is when Muslim jurists unanimously agree on an issue by way of
action. When Muslim jurists unanimously regard any particular act as
permissible, then it is called Ijma-e-Amali. An action which is established by Ijma-
e-Amali is only regarded as permissible (Mustahab or Musnoon) and not
obligatory (Wajib).
Ijma-e-Sukooti:
Ijma-e-Sukooti is when some Muslim jurists unanimously agree on an issue by
way of action or speech and their ruling becomes well-known during their time
but other Muslim jurists of the same era or subsequent era neither acknowledge
it nor make an objection and maintain silence on the issue. The Muslim jurists
who remain silent haven’t had the opportunity to reflect and research that
particular issue, therefore they don’t make any comments.
Some examples of Ijma are discussed as following:
1. The 20 rakats of Tarawwih Salat that are prayed in the month of Ramadan
after Isha prayer was a result of the Ijma of Sahaba during the khilafat of
Hazarat Umar.
During the khilafat of Hazarat Usman, the Sahaba had Ijma that there
should be two Azaans (call to prayer) of Friday prayer.
After the death of Holy Prophet (SAW), the Sahaba unanimously agreed to
the system of khilafat and elected Hazarat Abu Bakr as their khalifa by
pledging allegiance to him.
There is an Ijma among the Muslim ummah that female leadership is not
permissible.
During the khilafat of Hazarat Usman, when many hafize-e-Quran were
martyred in the battle of Yamama, the Sahaba had Ijma that the Holy
Quran should be compiled in the form of a book.
Ijma is categorized into three levels on the basis of personalities who make Ijma.
They are as following:
1. The highest level of Ijma is the Ijma of Sahaba who unanimously agreed
on an issue by way of speech (Ijma-e-Qowli) or action (Ijma-e-Amali). This
form of Ijma is regarded as absolute Ijma and is considered as absolute
proof in Shariah.
2. The second level of Ijma is the Ijma of Sahaba who maintained silence on
an issue and neither acknowledged it nor made an objection (Ijma-e-
Sukooti).
3. The third level of Ijma is the Ijma reached by jurists of the second
generation of Muslims, the generation after the Sahaba (Tabieen).
The legitimacy and importance of Ijma is highlighted by the Quran and Sunnah.
The Holy Quran says, “And whoever opposes the Messenger after guidance
has become clear to him and he follows a path other than the path of the
believers, We shall keep him on the path he has chosen and drive him into
Hell and what an evil destination it is.”
It can be deduced from the above verse of the Holy Quran that the same fate
which awaits one in the Akhira whose opposes Holy Prophet (SAW) will also
befall those to tread any path other than the agreed upon path of the believers.
This verse shows that those who oppose the agreed upon decisions of Ijma are
deviants and disobedient. They are committing a grave sin by opposing the
decisions of Ijma and their destination in Akhira is Hell.
The Holy Quran says, “O you who believe, obey Allah and the Messenger
(SAW) and those charged with authority among you. And if you disagree
over anything, refer it to Allah and the Messenger (SAW) if you believe in
Allah and the Last Day.”
This verse is the cornerstone of the entire religious, social and political structure
of Islam and the first clause in the constitution of an Islamic state. Besides Allah
and his Messenger (SAW), those who are invested with authority are entitled to
obedience. People invested with authority include political leaders, religious
leaders, judges of the courts, administrative officials, tribal chiefs and regional
representatives etc. This verse teaches us that Muslims are obliged to heed and
to obey an order whether they like it or not, as long as they are not ordered to
carry out an act of disobedience. Therefore if those who are invested with
authority, reach a consensus and make a decision, then it is incumbent upon all
Muslims to follow their decision.
Holy Prophet (SAW) is reported to have said, “Allah will not cause my ummah
to agree on error. The hand of Allah is on the Jamaat (main body of
Muslims) and he who slips from the Jamaat slips into Hell fire.”
From this hadith, we learn that the unanimous practices of the Muslim ummah
are all correct in the sight of Allah. We also learn that by the grace and mercy of
Allah, the Muslim ummah will not agree upon erroneous things that are
displeasing to Allah, hence proving that decisions of Ijma are always according to
Islamic teachings and should be followed. It also shows that whoever separates
himself from the Jamaat (main body of Muslims) is indeed wrong and their
destination in Akhira is Hell.
In another hadith, The Holy Prophet (SAW) is reported to have said, “If anything
comes to you for decision, decide according to the Book of Allah. If
anything comes to you that is not in the Book of Allah, then look into the
Sunnah. If anything comes to you that is not in the Sunnah, then look to
what the people unanimously agreed upon.”
From this hadith, we learn that there will be issues to which no clear solution will
be available in the Holy Quran and Sunnah, therefore the Muslim ummah will
need to find solutions to those issues using Quran and Sunnah as their bases. If
such an issue arises, then whatever people unanimously agree upon will be
considered as final verdict and should be followed.
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What is ijma’?
Shaykh Ibn ‘Uthaymin (may Allah have mercy on him) said:
“In linguistic terms, ijma` means resolve and agreement.
In Shar‘i terms, ijma` means the agreement of the mujtahids of this ummah after
the death of the Prophet (blessings and peace of Allah be upon him) on a shar‘i
ruling .
By saying “agreement” we exclude differences of opinion; if there is a difference
of opinion, even from one person, then we cannot say that there is ijma`.
By saying “the mujtahids” we exclude the common folk and those who follow or
imitate scholars; it does not matter whether they agree or disagree.
By saying “this ummah” we exclude the consensus of others, which carries no
weight.
By saying “after the death of the Prophet (blessings and peace of Allah be upon
him)” we exclude their agreement at the time of the Prophet (blessings and peace
of Allah be upon him); ijma` or consensus at that time does not count as evidence,
because evidence is established by the Sunnah of the Prophet (blessings and
peace of Allah be upon him), whether in word or deed or by approval. Hence if a
Sahabi says “We used to do” or that they (i.e., people) used to do such and such
at the time of the Prophet (blessings and peace of Allah be upon him), this is
indicative of the approval of the Prophet (blessings and peace of Allah be upon
him), according to consensus.
By saying “on a shar‘i ruling”, we exclude their agreement on a rational or human
ruling, which has nothing to do with the matter under discussion, because we are
talking about looking for ijma` as one of the kinds of shar‘i evidence.
Evidence for the authority of ijma`
Ijma` counts as evidence on the basis of a number of pieces of evidence,
including the following:
The verse in which Allah, may He be exalted, says (interpretation of the meaning):
“Thus We have made you (Muslims), a Wasat (just) (and the best) nation, that you be
witnesses over mankind” [al-Baqarah 2:143]. The words “witnesses over mankind”
include testifying about their deeds and judging their deeds, and the words of the
witness may be accepted.
The verse in which Allah, says (interpretation of the meaning): “(And) if you differ in
anything amongst yourselves” [an-Nisa 4:59] indicate that whatever they agreed
upon is sound and correct.
The Prophet (blessings and peace of Allah be upon him) said: “My ummah will not
unanimously agree on misguidance.”
We say: If the ummah unanimously agrees on something, it must be either true or
false. If it is true, then it is proof. If it is false, how can this ummah, which is the
dearest of nations to Allah since the time of its Prophet until the onset of the Hour,
agree on something false with which Allah is not pleased? This is quite impossible.
Types of ijma`
Ijma` is of two types: definitive and presumptive.
Definitive is that which is well known and well established, such as consensus that
the five daily prayers are obligatory and that zina (fornication, adultery) is haram. No
one can deny that this type of ijma` is proven and established, or that it constitutes
proof in and of itself, or that the one who rejects it becomes a kafir, unless he is
ignorant and may be excused for his ignorance.
Presumptive is that which can only be known by means of research and study,
where the scholars may differ as to whether there is ijma` (on a particular issue) or
not. The most correct scholarly opinion concerning that is the view of Shaykh al-
Islam Ibn Taymiyah, when he said in al-‘Aqidah al-Wasitiyyah: The type of ijma` that
is to be accepted is that of the righteous early generations (as-salaf as-salih),
because after their time there was a great deal of disagreement and the ummah
spread far and wide. End quote.
It should be noted that the ummah cannot agree on something that is contrary to
an unabrogated, clear, sahih text, because it can only agree on what is true. If you
see consensus that you think is contrary to that, then it must be one of the
following: either the evidence is not clear, or it is not sahih, or it is abrogated, or
there is a difference of opinion concerning the matter of which you were not
aware.
What are the conditions of ijma`?
There are certain conditions for ijma`, such as:
It should be soundly proven in the sense that it is either well known among the
scholars or transmitted by a trustworthy narrator who has read widely.
It should not have been preceded by a well-known difference of opinion. If that was
the case, then there is no ijma`, because scholarly opinions are not invalidated by
the death of their authors.
Ijma` does not cancel out a previous difference of opinion; rather it prevents
differences of opinion from arising.
This is the most correct view, because of the strength of its argument.
And it was said that the second condition is not stipulated, so it is valid in a later
period for there to be consensus on one of the previous opinions and for that to
serve as proof for those who come afterwards.
According to the majority, it is not essential that those who unanimously agree all
die when still holding this view for ijma` to be established; rather ijma` is
established as soon as they (the scholars of a particular era) agree, and it is not
permissible for them or anyone else to go against it after that, because the
condition for the establishment of ijma` do not include any stipulation that the era
(of the scholars who reached this consensus) should have come to an end with
their passing. As ijma` is established at the moment they agree (on a particular
issue), there is nothing that could cancel it out.
If one of the mujtahids (scholars) says or does something and that becomes well
known among the mujtahids, and they do not denounce it even though they are
able to do so, then it is said that there is ijma`. It was said that this establishes
that there is ijma`; others said that it may be regarded as proof but not ijma`; and
others said that it is neither ijma` nor proof. And it was said that if they all passed
away before denouncing it then it is ijma`, because their silence until the time of
their death, even though they were able to denounce it, constitutes proof of their
agreement. This is the view that is most likely to be correct.” (Al-Usul min ‘Ilm al-
Usul, 62-64)
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Q. Define Ijma. What are its kinds and how it is conducted. (2002/A, 2005/A)
Q. Ijma is a valid surce of Islamic law. (1995, 1997, 2000)
Q. Define Ijma. What are its kinds? How it is conducted? (2006/S)
1. Introduction
“Ijma” is the primary source of law. It means determination or consensus. The society
which was established by the Holy Quran and the Sunnah is a living society so the Allah
almighty gave sanction to the consensus of the Muslim to meet the arising needs of the
time.
2. Meaning and definition of Ijma
(I) Meaning of Ijma
Ijma is the verbal noun of the Arabic word Ajmaa it is used in two senses.
(i) Determination and resolution
(ii) Agreement upon a matter
(II) Definition of Ijma
“Ijma is defined as agreement of the jurists among the followers of Mohammadan in a
particular age on a question of law.”)
Sheikh Muhammad Khazi
“The agreement of jurists from the Ummah upon a matter of human shari”.
Sir Abdur Rahim
“Ijma is defined as agreement of the jurists among the following of Muhammad in a
particular age on a question of law”.
In the light of Quran
(i) “If you have differed among any thing, then refer it to Allah (The Book) and His Messenger (The
Sunnah)”.
(SURAH AL-NISA: 59)
(ii) “Whoever Obey Prophet (Peace be upon him), he indirectly obeyed Allah”.
(SURAH AL-NISA: 80)
In the light of Sunnah
Prophet Muhammad (Peace Be Upon Him) said, “My people will never agree on
erroneous things”
3. Basis of Ijma
Ijma may be based on:
(i) Quran
(ii) Hadith or
(iii) Analogy
4. Reasons or arguments in support of Ijma
Allah almighty has completer the Islamic religion and Hazrat Muhammad (Peace Be
Upon Him) was the last of the Prophets (Peace Be Upon Him), so it necessarily follows
that any rule of law, which is not found to be explicitly laid down in the Quran or by the
precepts of the Holy Prophet, must be capable of being deduced from them, so Ijma is
permitted.
(I) Quranic verses in support of Ijma
Following Quranic verses support the conception of Ijma.
“You are the best of man, and it is your duty to order men to do what is right and to
forbid them from practicing what is wrong.”
“Obey God and obey the Prophet (Peace be Upon Him) and those amongst you who
have authority.”
“If you yourself do not know, then question those who do.’
(II) Hadith in support of Ijma
Following Ahadith also support the concept of Ijma.
“My following will never agree upon what wrong.”
“It is incumbent upon you to follow the most numerous body.”
“Whoever separates himself (from the main body) will go to hell.”
Recognition
All major schools of fiqh recognized by Ijma. Each school is a follows.
(i) Shafi School
They recognize the consensus or agreement of opinion of the whole ummah i.e., Ijma al
Ummah.
(ii) Maliki School
They recognize the Ijma of companions and their successors living in Medina, without
reference to the opinions of others. Thus they recognize Ijma al Medina.
(iii) Shai School
They hold that the only binding Ijma is that done by Ahal-i-Bayt thus they recongnize
Ijma Ahal-i-Bayt.
(iv) Hanbali School
They recognize the Ijma of companions and their successors but they also recongnize
Ijma by jurists of the Modern age i.e Ijma al Sahabah and al Mujtahideen.
5. Kinds of Ijma
Following are the kinds of Ijma
(i) Express Ijma or Ijma Qawli
(ii) Tacit Ijma or Ijma Sakuti
(iii) Regular
(iv) Irregular
(v) Al Rukhsah
(vi) Al Fail
(I) Explicit Ijma
Explicit Ijma is one in which 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.
(a) It may take place when all the jurists are garthered in one session and an issue is presented to
them and they collectively expressed a unanimous opinion.
(b) It may also take place when an issue is raised in a certain period and all the jurists in turn issue
similar fatwas independently and at sepaeate times.
(II) Tacit Ijma
Tacit Ijma takes place when some mujtahid issue a verdict on a legal issue and the
rest of the mujtahids come to know of it during the same period, but they keep silent,
neither acknowledge it nor refuse it expressly.
(iii) Regular
Where the Muslim jurists express their views regarding a question of law and all agreed
to it.
(iv) Irregular
Where jurists resolve an issue and all remains silent is irregular Ijma.
(v) Al Rukhsah
There is no consensus or agreement between the majitahids but the community as a
whole accepts the decision given by some mujtahids.
(vi) Al Fail
Where jurist does some thing and one or more jurists question him on the act.
6. Who can perform Ijma
Only Muslim Mujtahids or jurists can perform Ijma. He must possess the following
qualifications.
Knowledge of Quran
Knowledge of Sunnah
Knowledge of Ijma
Knowledge of Qiyas
Knowledge of Maqasid-al-Shariah
Knowledge of Islamic Jurisprudence
He must be trustworthy
He must be an adult
He should be a Muslim
He should be able to interpret Quran and Sunnah
He must have knowledge of Arabic language
He should be able to differentiate between false and authentic Hadith
He should be wise and pious person
7. Conditions for the validity of Ijma
Following are the conditions for the validity of Ijma.
(I) Ijma by mujtahids
The Ijma must be performed by Mujtahids i. e those who have attained the status of
Ijtihad.
(II) Unanimous opinion
There must be unanimous opinion among all mujthahids upon a Hukm shari.
(III) Performed by Muslims
All the jurists participating in Ijma must be from the Ummah of Hazrat Muhammad
(Peace be Upon Him).
(IV) After the death of Holy Prophet (Peace be Upon Him)
The Ijma must have taken place after the death of Holy Prophet (Peace be Upon Him).
(V) In a determinate period
The Ijma must be performed by jurists of single determined period i. e. of the same
generation.
(VI) Upon rule of law
The Ijma must be upon rule of law and all-non legal matters are excluded from the
domain of Ijma.
(VII) Reliance upon sanad (Evidence)
For deriving their opinion, Mujtahids should relied upon some sanad (evidence).
8. Ijma as a source of law
Ijma as a third source of law and under the circle of Quran and Sunnah’s delegation
many issues can be resolved by Ijma.
(I) Enforcement of ordains of Quran and Sunnah
Ijma as a source of law helps in discovering the law and enforces the principals laid
down in Quran and Sunnah.
(II) Interpretation of Sharia
Ijma help in interpretation of laws of Sharia, according to the changing needs of times.
(III) New legislation can be made
To achieve the objects of Quran and Sunnah, new legislation can be made through the
process of Ijma.
(VI) First Ijma performed by Muslims
The election of Hazrat Abu Bakr to the caliphate by the votes of the people was based
of Ijma.
9. Legal effect of Ijma
The law laid down by consensus of opinion is authoritative and binding. But in its
theological sense, a decision of Ijma would be of absolute authority only if it conforms to
the following conditions.
(i) No opinion to the contrary should have been expressed on the question by any of the companions,
or by other Mujtahids before the formation of the Ijma.
(ii) None of the Mujatahids taking part in the decision should have afterwards changed his opinion.
(iii) The decision must be proved as being either universally knows or well-knows.
(iv) It should be based on an express text of the Quran or a tradition of a continuous or well-
knows character.
(v) It must be regularly constituted.
10. Ijma and western concept of “opinion prudentium
“Opinion prudentium” which meaqns the opinions and decisions of lawyers is parallel
concept of Ijma in the western society. In Roman law the lawyers were empowered to
give opinions by Emperor. With the passage of time such opinions become part of their
legal system. However the concept of Ijma has wider scope than the concept opinion
prudentium which is also knows as “Responsa Prudentium.”
11. Ijma in modern period
According to the accepted opinion of all four sunni schools, Ijma is not confined to any
particular age or country. The underneath principal of Ijma is that if a rule or principal is
upheld collectively by the highest legal forum in the land, then such a principle must be
followed by those subordinate to this forum. In the earlier stages, this forum was
confined to jurist companions then the leading jurists of each school. Today the forum
would be the highest court in each Muslim country.
12. Conclusion
To conclude, I can say, that Ijma is an essential and characteristic principal of Sunni
Jurisprudence, one upon which the Muhammadan Community acted as soon as they
were left to their own resources. It may be constituted by decision expressed in words
or by practice of the jurists. The number of jurists participating in Ijma need not be large
and Ijma of one age may be reversed by subsequent Ijma of the same age.
