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.”

IMPORTANCE
A major chunk of the fiqh or actual Muslim law came through Ijma. It
explained the Quran and traditions in terms of actual applicability as
well as laid down new principles of law so as to help the society to
cope up with growth and progress. It was through Ijma that the real
opportunities for interpretation of the hereto rigid Quran and
Traditions came up. It is even referred to as the ‘living tradition’ at
times.
IJMA: UNANIMOUS DECISIONS OF THE JURISTS
Ijma means the opinion of the learned. When persons
knowledgeable in law would agree upon a point, such consensual
opinion was referred to as Ijma. Thus, Ijma is the unanimous decision
of jurists for a particular question with reference to that age or
communal legislation. It is through the tradition of the Prophet that
Ijma derives its validity and authority as a source of law. The Prophet
is believed to have said that, ‘God will not allow his people to agree
on an error’. The Hanafi doctrine of law changing along with times
found support in the Maliki view that new facts require new
decisions.

FORMATION OF IJMA
Whenever law needed a new principle, the jurists used to give a
consensual opinion so as to enable a solution. To be a jurist or
Mujtahid, it was essential that a person was a Muslim with adequate
knowledge of law and was competent to form logical deducements.
Ijtihad refers to the process of creating law through consensus on
the basis of ‘exercise of one’s reasoning so as to create a new rule of
law’. The Ijma had to be justified with references to the principles
given in the Quran or the tradition as well as public policy, interest of
the community and equity. The Mujtahtids are the recognised
interpreters of 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
Allah’s Messenger (peace be upon him).
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.

DEFECTS
The Ijma lead to various reading and versions or interpretation of the
Quran, Sunna, custom etc. As a result, different sub-sects were
formed. The choice of unanimous opinion or majority opinion is
another bone of contention. The Ijma of the jurists and the people
could be overruled at any time; thus, they were not able to
contribute substantially to certainty in law. With the spread of Islam
and lack of a well- established communication network, obtaining
consensus of all the jurists was a major problem. Again the stock of
learned and accepted scholars ran short of the requirement and by
10th century, the Ijma had to be abandoned.
 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.

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 Qur’an 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 Qur’an and the Sunnah.
• The Qur’an: “ 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.
• 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.”
• “Allah’s 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 Shafi’i 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.

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. The third group is the opinion of
some jurists of the Hanafi and Shafi’i. 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 Qur’an and the Sunnah can be
a proof for ijma’
. E.g. of ijma’ based on the Qur’an;
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.
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).