IJMA
IJMA
IJMA
literally
• 2. Unanimous agreement
technically
moral and legal matters. (by al-`Amidi)
• Modern scholar, Abu Zahrah has narrowed this definition to
By al-’Amidi (d.615AH/1218CE) 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’.
• 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.
TYPES
AL-SARIH ) • Explicit ijma’ is definitive and binding.
IJMA’
incident but the rest remain silent.
TACIT IJMA’
( AL-IJMA’ • The scholars that remain silent had known
AL-SUKUTI ) of the opinion of other mujtahidun and
then had ample time to investigate and
express an opinion but he choose to
remain silent.
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’.
• Jihad against defaulters of Zakat in the caliphate of Hazrat Abu Bakar (R.A.)