Ijma
(Consensus of Legal Opinion)
Definition
Conditions for the validity of ijma
Types of ijma
Proof of Ijma as a source of law
Basis (sanad)of ijma
Definition
Literal meaning:
-determination, resolution and agreement
upon something.
Technical meaning:
the agreement of the mujtahids (jurists) from
among community of Muhammad (peace be
upon him) after his death in a certain period
of time upon a rule of Islamic law.
Conditions for the validity of ijma
1. The agreement must take place among
mujtahids. Mujtahid is a person who is
qualified to exercise ijtihad.
2. The agreement must be unanimous.
3. The mujtahids must belong to the Islamic
community.
4. The agreement of mujtahids must be held
after the death of Allahs Messenger (peace
be upon him).
Conditions continue
5. The agreement must be among the mujtahids
of one period, even though some mujtahids
of subsequent periods may differ from them.
6. The agreement should be held on a rule of
Islamic law (in legal matter).
7. The mujtahids should have relied upon a
sanad for deriving their opinion.
Sanad is the evidence (proof) upon which
the mujtahids rely on, for arriving upon an
agreement.
Types of Ijma
There are two types of ijma:
1) Explicit Ijma (ijma sarih):
one in which the legal opinions of all the
mujtahids of one period converge in relation to
legal issue, and each one of them states his
opinion explicitly.
This is realized sometimes by their meeting in
one place and examining an issue in question and
finally they express a unanimous opinion.
It may also takes place when an issue occurred
and every mujtahids give the same legal opinion.
Type of Ijma continue
2) Silent or tacit ijma (ijma sukuti):
It takes place when some mujtahid, one or
more, give a legal opinion with regard to
specific rule about a particular legal issue,
then the rest of them are informed of this
opinion and they keep silent and they neither
acknowledge it nor object to it.
Position of Ijma as a Source of Islamic
Law
Position of express ijma
The majority of Muslim jurists, particularly the
jurists of four well-known schools of law, are in
agreement that express ijma is an authoritative
source of Islamic law.
It is incumbent on the Muslim to follow the
legal rule of Islamic law that derived from ijma
as similar to the rule established by the text of
the Quran and the Sunnah.
The legal rule based on ijma is definitive and it
is not permitted to oppose it.
In addition, the mujtahids are not allowed to
exercise ijtihad on the legal issue that has been
settled through ijma.
Proof and Justification of Ijma as a
Source of Islamic Law
It is established by the Quran and the Sunnah.
The Quran:
O ye who believe! Obey Allah and Obey the
Messenger and those charged with authority
among you. If ye differ in anything among
yourselves, refer it to Allah and His Messenger
(al-Nisa(4):59)
The word uli al-amr means ulama (scholars) of the
community. Thus the agreement of
the mujtahids is bound to follow.
Proof and Justification continue
The Sunnah;
There are many Sunnahs indicated that the
Muslim community is infallible in their
agreement.
Although each of this Sunnah is probable if it
stands independently but collectively they are
definitive and convey the same idea. This make
adherence to ijma is obligatory on the Muslims.
My community will not agree on mistake.
My people will not agree on an error
I prayed to Allah, the Exalted, that my community
may not agree on error, and He gave it to me.
Allahs hand is over the community
The position of silent ijma
The Muslim jurists have different of opinion
regarding the position of silent ijma.
1-The first view is the view of Imam Shafii and the
Malikis. They holds that the silent ijma is not
considered to be ijma nor a probable proof.
The argument:
Silence cannot be considered as consent to the
opinion expressed by others. Since no statement
can be attributed to a silent person.
Possibly he might have kept his silent due to
respect for the one who expressed the opinion,
for fear of that person, or he could not form his
opinion about that problem and so on.
Silence, therefore, cannot be considered as an
evidence of agreement.
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2.The second view, majority of the Hanafi jurists
and some of the Hanbali jurists, maintains
that silent ijama is an ijma like an explicit
ijma. It is legally binding and definitive
source.
The argument is that silence is an evidence of
consent if there is no any circumstantial
evidence that indicated otherwise, and if
there is no any constraint to express the
opinion.
It is improbable that the jurists abstain from
pronouncing a correct rule of Islamic law.
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The third group is the opinion of some jurists
of the Hanafi and Shafii. They hold that silent
ijma is not ijma but it is a probable proof.
The argument of this view is that ijma is the
agreement of all mujtahids, but silent ijma
does not fulfill this condition. However, it is
considered as a proof because the opinion
expressed by some jurists is not opposed by
anyone.
Basis of ijma (sanad al-ijma)
The legal theorists hold that there must be some
proof to which the mujtahis refer to in their
agreement.
They are in agreement that the Quran and the
Sunnah can be a proof for ijma.
E.g. of ijma based on the Quran;
The prohibition of marriage with grandmother
and granddaughter. This ijma is relied on the
verse Prohibited to you (for marriage) your
mothers, daughters (al-Nisa(4):23).
The jurists hold that the meaning of mother is an
origin and daughter is a branch.
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E.g. of ijma based on the Sunnah.
Ijma on the portion of grandmother in
inheritance is one-sixth. This ijma is based on
the Sunnah where the Messenger awarded
one-sixth to the grandmother.
However, the jurists have different of opinion
regarding to other proof like qiyas and public
interest (maslahah).
