Ijma & Qiyas
Secondary sources of Islamic law
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Ijma
The consensus of learned jurists of Islamic
law on the solution to a new issue
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3 Introduction:
– The word Ijma is derived from the word jama
– Secondary source of Islamic law
– Third source after Quran and Sunnah
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4 Nature and scope
– Ijma is needed to
– The development of laws mentioned in the Holy Quran and Sunnah for application in
the future
– To answer the questions which are not clearly mentioned in the primary sources of
Islamic law
– To make new laws on the basis of rules set by Queran and Sunnah
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5 The authority of Ijma on the basis of
Quranic verses
ف اَ َذا ُع ْوا بِ ٖه ۭ َولَ ْو َر ُّد ْوهُ اِلَى ال َّرس ُْو ِل َواِ ٰلٓى اُولِي ااْل َ ْم ِر ِم ْنھُ ْم لَ َعلِ َمهُ الَّ ِذي َْن ِ َ ْم ِن اَ ِو ْال َخ ْو – َواِ َذا َج ۗا َءھُ ْم اَ ْم ٌر ِّم َن ااْل
فَضْ ُل هّٰللا ِ َعلَ ْي ُك ْم َو َرحْ َمتُ ٗه اَل تَّبَ ْعتُ ُم ال َّشي ْٰط َن اِاَّل قَلِ ْياًل يَ ْستَ ۢ ْنبِطُ ْونَ ٗه ِم ْنھُ ْم ۭ َولَ ْواَل
– “If they had referred it to the Messenger and such of them as they are in
authority, those among them who are able to think out the matter would have
known it.” (4:83)
اورْ ھُ ْم فِي ااْل َ ْم ِر
ِ – َو َش
– Consult them in the matter (3:159)
– َواَ ْم ُرهُ ْم ُش ْو ٰرى بَ ْينَهُ ْم
– “And whose affairs are a matter of counsel.” (42:38)
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6 The perfection of Islam
ُ – اَ ْليَ ْو َم اَ ْك َم ْل
ت لَ ُك ْم ِد ْينَ ُك ْم
– Today, I have perfected your religion for you, (5:3)
– Only a few laws are mentioned in the holy text
– There are countless problems in our daily life
– Thus, The verse mentioned above means new laws can be deducted on the
basis fo Quran and Hadith
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7 Hadiths of the Holy Prophet []ﷺ
– “My community will never agree upon an error.”
– “Assemble the learned from among the believers and consult each other and
do not decide on the opinion of one person.”
“The difference of opinion among the learned of my community is a sign of
Allah’s grace.”
“Follow the main body for he who is separate from it will be separate in Hell.”
“What Muslims agree to be good is also good in the sight of Allah and what the
Muslims agree to be bad is bad in the eye of Allah.”
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8 The prophet is reported to have said
– “If anything comes to you for decision, decide according to the Book of Allah. If
anything comes to you, which is not in the Book of Allah, then look to the
Sunnah of the Holy Prophet (PBUH). If anything comes to you which is not in
the Sunnah of the Holy Prophet (PBUH), then look to what people unanimously
agree upon.”
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Classification of Ijma
Three classes of Ijma
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10
companion
s
Disciples of
the Jurists of
companion Islamic law
s
Ijma
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11 Examples of Ijma
– Election of Hazrat Abu Bakr as the First Caliph through consensus.
– Compilation of Holy Quran in textual form during the period of Hazrat Abu Bakr.
– Tiravees too made congregational prayers during the period of Hazrat Umar.
– Second call for Juma prayers during the Caliphate of Hazrat Usman.
– Retention of one standard version of the Holy Quran and destruction of all
others during
the period of the Caliphate of Hazrat Usman to avoid confusion and chaos.
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12 Importance and demand for Ijma
– It is very important that in the changed political, economic, social and cultural
scenario of the 21st century, the contentious issues confronting the Muslim
Ummah are discussed thread-bare on international level by experts
representing different Muslim countries and then a consensus is evolved by the
universal community.
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13 Model questions
– (a) Outline the roles of the following in formulating Islamic law: (i) The Prophet’s Hadiths (ii)Consensus
(ijma’ ) [N 2015]
– (b) Why do you think the Prophet practiced and encouraged the use of ijma’?
[J 2016]
– (b) What is the importance of consensus (ijma) in Islam? [J 2011]
– (b) How easy is it to use ijma in Islamic legal thinking today? [N 2012]
– (b) ‘My community will never agree upon an error’. In your opinion why is this Hadith important for the
practice of consensus (ijma)? [N 2013]
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