IJMA

1. INTRODUCTION:

“They conduct their affairs by mutual consultation” Al-Quran

After Holy Quran and Sunnah, Ijma is considered as a source of Islamic Law and was started
after the demise of the Holy Prophet. However, the origin of Ijma can be traced out in the
Holy Quran and Sunnah. In fact, both the Holy Quran and Sunnah give permission to find out
solution of some matter for which the Holy Quran and Sunnah have never provided any
solution.

2. MEANING AND DEFINITION AND VALUE OF IJMA:

 Ijma` is the verbal noun of the Arabic word ajma'a, which has two meanings:
o To determine, and
o To agree upon something.
 The other meaning of ajma'a is `unanimous agreement.
 Ijma is the unanimous agreement of the mujtahidun of any period following the demise
of the Prophet (SAW) on any matter.
 Technically it is define as;
The consensus of the jurists of a certain period of the Muslim community over a certain
religious matter

3. IJMA IN THE LIGHT OF QURAN:

i. The Qur'an (al-Nisa', 4:59) is explicit on the requirement of obedience to God, to His
Messenger, and `those who are Incharge of affairs', the ulu al amr.

“O you who believe, obey God, and obey the Messenger, and those charged with
authority among you.”

ii. The one ayah which is most frequently quoted in support of ijma' occurs in sura al-Nisa'
(4:115), which is as follows:

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 “And anyone who splits off from the Messenger after the guidance has become clear to
him and follows a way other than that of the believers, We shall leave him in the path he
has chosen, and land him in Hell. What an evil refuge!”

iii. “And consult them, then after consultation be determined and have faith in Almighty
Allah” (AL-QURAN 3:159)

iv. “If you yourself don’t know, then ask those who do” (AL-QURAN 16:43)

v. "And hold firmly to the rope of Allah all together and do not become divided…. (Surah
Al-Imran 3:103)

4. IJMA IN THE LIGHT OF SUNNAH:

I. ‘My followers will never agree upon what is wrong.'

II. It is incumbent upon you to follow the most numerous body.'

III. The (protecting) hand of God is over the entire body and no account will be taken of
those who separate themselves.'

IV. Whoever separates himself (from the main body) will go to hell.'

V. 'God does not allow the people to go astray after He has shown them the right path.'

5. ESSENTIAL REQUIREMENTS (ARKAN) FOR THE VALIDITY OF IJMA`

Whenever an issue arises and attracts the attention of the mujtahidun of the Muslim
community at the time of its incidence, and they reach a unanimous agreement on its ruling,
it is implied that the ruling so agreed upon is the correct and authoritative ruling of the
Shari'ah, provided that the following conditions must be fulfilled:
i. Agreement or Consensus Among Mujtahids:
The agreement or consensus must take place among mujtahids, that is, those who have
attained the status of Ijtihad. Thus, an agreement among those who have not reached this
status or who are not qualified will not constitute Ijma. This will exclude all non-mujtahids,
the general public, the members of a modern legislature, unless all of them are mujtahids.
As to the number of mujtahids agreeing upon a legal issue, there is a disagreement. Some

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say that this number must reach the level necessary for tawatur, while others say that three
is enough. One thing is clear, though, that if there is a single mujtahid in a certain period, his
view or verdict will not amount to Ijma.

ii. Agreement Must Be Unanimous:

The agreement must be unanimous, that is, among all the mujtahids. If the majority of them
agree upon a hukm-shar‘i, it will not amount to Ijma‘ according to most jurists, howsoever
small the number of the opposing minority. The reason is that there is a possibility that the
minority opinion may be correct.
There are, however, those jurists who consider a consensus of the majority as valid
Ijma‘when they are being opposed by a minority. Some jurists, on the other hand, consider
the agreement of the majority as persuasive, but would not call it ijma‘.

iii. Mujtahids Must Belong To The Islamic Community:

All the jurists participating in Ijma must be from the Ummah of Muhammad (peace be on
him). Thus, an agreement of the jurist of another ummah, one of the earlier nations of the
earlier prophets, will not be considered Ijma. The reason is that there are textual evidences
supporting the fact that it is only the ummah of Muhammad (peace be on him) that is
protected against error in collective agreements.

iv. Consensus Must Have Taken Place After The Death Of The Prophet (PBUH):
The agreement or consensus must have taken place after the death of the Prophet (peace
be on him). Thus, an agreement during his lifetime is not considered Ijma. If the Prophet
(peace be on him) agreed with the Companions on an issue, then, he was the source of the
rule and not Ijma. If he went against their agreement, their agreement was not considered
nor did it become a rule of law.

v. Among The Mujtahids of a Single Determined Period:

The agreement must be among the mujtahids of a single determined period even if some of
the jurists of the following or subsequent period opposed them. The reason is that the
constitution of Ijma depends upon the unanimous agreement of jurists and this is only
possible in a determined period, like a generation. If the period was left open and the

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 opinions of all the jurists of all periods were to be taken into account, the occurrence of Ijma
would become impossible.

vi. Agreement Must Be Upon a Rule Of Law:

The agreement must be upon a rule of law, the hukm shar‘i. An agreement upon the rules of
grammar in Arabic would not be Ijma nor an agreement upon other rational propositions,
like the creation of the universe. Thus, the rule must state that a certain thing is prohibited,
permitted, valid, or void. All non-legal matters are excluded from the domain of Ijma.

vii. Mujtahids Should Have Relied Upon Sanad:

The mujtahids should have relied upon sanad for deriving their opinion. A sanad is evidence
in one of the accepted sources of law. This is dealt with in some detail below. Does this
mean that every rule that is agreed upon must have some evidence as its basis in the Qur’an
and the Sunnah? If this is the case, the stipulation takes away something from the strength
of ijma‘as an independent principle. While it is obvious that the jurist agreeing to a rule
would be relying upon evidence from the legal system, it cannot be a condition that the
sanad must be found in a text. If it is, then, the sanad is the basis of the law. Yes, it can be
said that the function of Ijma‘is to make definitive an evidence that is probable and subject
to interpretation. It should be noted that the strength of ijma‘lies in the agreement itself.
Another reason for insisting on the sanad could be that those who stipulate this condition
want to ensure that the jurist has undertaken proper Ijtihad to arrive at his opinion.

6. TYPES OF IJMA:
From the view point of its occurrence, Ijma is divided into two types

i. Explicit Ijma’ (ijma’ sarih):

Explicit Ijma‘is one in which the legal opinions of all the jurists of one period converge in
relation to a legal issue, and each “one of them states his opinion explicitly. This may
happen when all of them are gathered in one session and an issue is presented to them
and they collectively express a unanimous opinion. 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 separate times.

ii. Silent or Tacit Ijma’ (ijma’ sukuti):

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 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.

7. FEASIBILITY OF IJMA:

 According to Hanfi school, it can be held by the companions, their successors or by the
jurist of particular age, as changing time create new problems, which requires solution
under the light of the texts and is done through Ijma.
 Zahiris and Imam Ahmad ibn Hanbal ijma' refers to the consensus of the Companions
alone.
 Imam Malik on the other hand confines ijma` to the people of Madinah’ as best form.
 Shia view, they believe in the Ijma of family of Prophet (PBUH) i.e. in which ahl al-bayt
was present.
 Shafi School recognize the consensus or agreement of opinion of the whole ummah i.e.,
Ijma al-Ummah.

8. WHO MANY PARTICIPATE IN IJMA:

The Four Sunni schools agree that only Mujtahids can participate.

9. QUALIFICATIONS OF MUJTAHIDS

Following are the qualifications of Mujtahids;

i. Knowledge of Quran
ii. Knowledge of Sunnah
iii. Knowledge of Ijma
iv. Knowledge of Qiyas
v. Knowledge of Maqasid-al-Shariah
vi. Knowledge of Islamic Jurisprudence
vii. He must be trustworthy
viii. He must be an adult
ix. He should be a Muslim
x. He should be able to interpret Quran and Sunnah

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 xi. He must have knowledge of Arabic language
xii. He should be able to differentiate between false and authentic Hadith
xiii. He should be wise and pious person

10. IJMA AS A SOURCE OF LAW:

In Islamic State, after Quran and Sunnah, Ijma is the third source having legislative authority.
Following are the main functions played by Ijma as a source of Islamic law:
i. Enforcement of ordains of Quran and Sunnah.
ii. Interpretation of Shari'a according to changing conditions.
iii. Solution of problems.
iv. Helps discovering and interpretation of laws.
v. Makes further legislation possible by keeping laws up to date.

11. FAMOUS LIJMA:

The most famous Ijma held in the history include;

i. Election of Hazrat Abu Baqr RA as first Caliph, as per Sunni Fiqh.

ii. Hazrat Umer R.A wanted to command the Battle of Faris personally, but the Shura
decided that he should stay back and he had to do so.

iii. Zakat on sea goods was not levied in Prophetic (PBUH) period, but as Islamic State
expanded, Hazrat Umer RA imposed it by Ijma.

12. EXCEPTIONS OF IJMA:

Ijma cannot be held on the following matters;

i. Five pillar of faith of Islam i.e. Namaz, hajj, etc.
ii. Express commandments of Quran i.e. Hadood, inheritance, marriage etc.

13. LEGAL EFFECTS:

The decision taken through Ijma will be binding, but according to Hanafi School it would be
authoritative only where it becomes well known and no Mujtahid later on change his
opinion.

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14. IJMA AND THE MODERN WORLD

As the legislative functions are now within the State’s powers, the issue of Ijma needs to be
examined under the light of modem trends and laws. The members of parliament, which is
responsible for the legislation, do not qualify to be called as Mujtahids, therefore the
parliament cannot be termed as body holding Ijma. So, the compatibility of traditional rules
regarding Ijma and new developments, need to be addressed. The role of religious scholars
in the parliament is minimized; however, they give their inputs through different
parliamentary committees, their representatives (if any) in the parliament, and during
debates on burning issues at different forums. The Federal Shariat Court also provides a
forum to challenge any law in the light of dicta of Quran and Sunnah. Some modern
scholars, therefore, are of the view that Ijma does not appear to be a practical principle and
cannot operate as a source of law, in modern times, unless few modifications are made to
make it in line with new developments particularly regarding its conditions and occurrence.
Iqbal and Shah Wali Ullah” have tried to criticize Ijma and have emphasized on the necessity
to bring the traditional rules in line with modern trends in their writings.

15. CONCLUSION:

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