TOPIC 3 :

IJMA’
(CONSENSUS OF OPINION)
 DEFINITION
• Literal : to determine/agree upon something/unanimous
agreement
 
•Syarie : unanimous agreement of the muslim
scholars/jurists of any period (a period of which there is
exist a number of scholars at the time
incidents/issues/cases occur) following the demise of the
Prophet Muhammad (pbuh) on any matter (related to
syariah : matter of any interest to muslims or any matter
implies that ijma’ applies to all juridical, intellectual,
customary and linguistic).
 HISTORICAL BACKGROUND OF
EXERCISING IJMA’ BY THE
SUCCESSORS
• Occurred during the time of the companions (particularly during the period of Khulafa’ al
Rashidun/Caliphate/Companions).
 
• After the period of the companions, with the expansion of the Islamic empire, a number of
scholars chose to settle in other areas. So it became an obstacle for them to get together
and reach a consensus on issues in Islamic law. Individual ijtihad (personal reasoning)
flourished during this time and many scholars established their methodology of deducing
the rulings of Fiqh which resulted in the formation of different schools of Islamic law
(mazhab). The tendency to uphold ijma’ had gradually weakened and according to some
scholars, ijma’ in its exact meaning was not exercised after the Khulafa’ al
Rashidun(Caliphate) period.
 
• As for the move to revive and reform ijma’, at present there are no serious attempt to
reintroduce ijma’ in its actual sense. However, different platforms which exist at present
such as Majma’ Al Fiqhi al ‘Alami and the different Council of fatwa shd study the
possibility to introduce an authoritative body which can recognize to represent the Muslim
ummah, thus have the authority to issue legal fatwa which can be considered as binding
upon the muslim ummah.
PROOF (HUJJAH) OF IJMA’
• From Al Quran :

 (Surah An Nisa : 59)

“Obey your God, your Messenger and those who are in charge of affairs ( ulul ‘amri)…”

The word ‘ulul amri’ refers to ulama’, rulers and commanders. Fakhrul Razi said it refers to the
judgement of the ulul ‘amri and therefore, it must therefore be immune from error.

When it refers to judicial matters, namely the mujtahidun, when they reach a consensus on a
ruling, it must be obeyed.

(Surah An Nisa : 5)

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

the word ‘the way of believers’= refers to the agreement and the way that they hv chosen , in other
words, to their consensus.

 
PROOF (HUJJAH) OF IJMA’
(Surah Ali Imran : 110)
“You are the best community that has been raised for mankind. You
enjoin right and forbid evil and you believe in Allah.”
 
(Surah al Baqarah : 143)
“ Thus We have made you a middle nation (ummatan wassatan) that
you may be witnesses over mankind”.
‘wasatan’ refers to ‘middle’ implying justice and balance, qualities which
merit recognition of the agreed decision of the community and the
rectitude of its way. It is a virtue of uprightness that God has bestowed the
Muslim community with the merit of being a witness over mankind.
 
(Surah Ali Imran : 102)
“Cling firmly together by means of God’s rope and do not separate.”
 PROOF(HUJJAH) OF IJMA’
From Al Sunnah/Hadeeth :
•“My community shall never agree on an error.”
 
•“God will not let my community agree upon an error.”
 
•“Those who seek the joy of residing in Paradise will follow the community.”
 
•“Whoever leaves the community or separates himself from it by the length of
a span is breaking his bond with Islam.”
 
•“Whoever separates himself from the community and dies, dies the death of
ignorance.”
 
•“Whatever the Muslims deem to be good is good in the eyes of God”.
EXAMPLES OF IJMA’
1- THE COMPILATION OF AL-QURAN INTO A MUSHAF
-AL-QURAN THAT HAVE BEEN COMPILED AND USED
BY US NOWADAYS IS THE RESULT OF IJMA’. Meaning:
Indeed, it is We who sent down the Qur'an and indeed, We will
be its guardian.
2- The Commandment of choosing the caliphs within 3 days.
Some of the companion manage the death of the Prophet and
the others manage the choosing of Caliphs at Saqifah Bani
Sai’dah until Saidina Abu Bakar was appointed as khalifah
after Prophet demise.
3- The exclusion of the son’s son from inheritance when there
is a son.
 IMPORTANCE/RATIONAL OF IJMA’
• To prevent controversy and contradiction in legal opinion
Ijma is purely human exercise.
Companions used to consult each other and their collective agreement was
accepted by the community

• An instrument of tolerance and of evolution of ideas.

Begins with personal ijtihad (personal reasoning) of individual jurists and
culminates in the universal acceptance over a period of time

• Ensures the correct interpretation of Al Quran, Sunnah & the legitimate

use of Ijtihad
• Ijma’ enhances the authority of rules which are
speculative origin.
Speculative rules are not binding eg solitary Hadith
(hadith ahad). But once the Companions upheld the
ruling in hadith ahad it becomes binding
Eg: simultaneous marriage to close relatives of one’s
wife, grandmother’s one sixth share to inheritance.

• Ijma’ represents authority.

Once established, it becomes an authority of law.
 CONDITIONS OF IJMA’
• Number of scholars is available at the time when the issue is encountered
(raised).- must hv a plurality of concurrent opinion. No ijma’ to be
obtained if there is only single scholar in the community.
 
• Unanimity decision – must reach a consensus on a juridical opinion at the
time an issue arises. – only the opinion of the learned is relevant to ijma’.
 
• The agreement of the scholars must be demonstrated by their expressed
opinion on a particular issue. (by verbal/writing).
 
• Agreement must be by of all scholars and not a mere majority of them.
..CONT(D)

• All the jurists participating must be from the ummah of

PM
• The agreement must take plc after the demise of PM
• The consensus must be among the jurists of a single
determined period, even if some of the scholars of the
following/subsequent period opposed them.
• The consensus must be upon a rule of law.
• The scholars relied upon a sanad (evidence) for deriving
their opinion.
 TYPES OF IJMA’

(1) Explicit Ijma’ (Ijma’ Sarih)

-when legal opinions of all mujtahids of one period converge in relation
to legal issue, and each one of them states his opinion explicitly.
Position of express ijma’:
It is unanimously agreed – 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’.
…CONT(D)

(2) Tacit/Silent Ijma’ (Ijma’ Sukuti)  

-when one some mujtahids give a legal opinion with
regard to a specific issue and the rest of them are
informed but they kept silent
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.
…CONT(D)
• Positions of Ijma’ sukuti :
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.
…CON’T
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.
…CON’T

3. 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.
 …CONT(D)
• All in all, the majority of scholars hold that it is NOT APPROVED and
that it DOES NOT AMOUNT TO MORE THAN THE VIEW OF
SOME INDIVIDUAL SCHOLAR. However, other scholars have
considered tacit ijma’ to be a proof provided it is established that the
scholars who has remained silent had known of the opinion of other
scholars and then had ample time to investigate and express an opinion but
he choose to remain silent. If it is not known that the silence was due to fear
or hiding one’s true opinion or inviting disfavor and ridicule, then the
silence of a scolars on an occasion where he ought to express the silence
when there was nothing to stop him from doing so would be considered as
tantamount to agreeing wit the existing opinion.
 
• Conclusion : Ijma’represents authority. Once it is established it tends to
become authority in its own right, and its roots in the primary sources are
gradually weakened or even lost. It then become common to mention the
agreed rulings without mentioning the relevant sources. This is partly due to
the significance of ijma’ that the incentive to quote the authority tends to
weaken.
 FEASIBILITY OF IJMA’
 
 
•Muktazilah: Ijma’ is not feasible. Reason : it is impossible to obtain
agreement among scholars on a particular matter :
scholars located in distance places, cities and continents, therefore to access
their views is unpractical.
Some scholars did not achieved fame, therefore its not a guarantee to ensure
that they will not change their opinion before an ijma’ is reached.
Therefore ijma’ is not feasible and not a realistic proposition at all.
 
•Mazhab Zahiri & Iman Ahmad ibn Hambal : Ijma’ is feasible.
But only refers to Ijma’ of a Companions alone.
 
…CONT(D)

• Imam Malik : Ijma’ is feasible but only refers to

ijma’ of the people of Madinah only.
 
 TRANSMISSION OF IJMA’ (HOW IJMA’ OF
TRADITIONAL MUSLIM JURISTS BEING
TRANSFERRED TO THE MUSLIM GENERATIONS ?)

• Acquired (Muhassal) ijma’: it’s a direct participation of the mujtahidun without

the mediation of reporters /transmitters. Mujtahidun gain direct knowledge of the
opinions of other scholars when they all reach a consensus on a ruling.
 
• Transmitted (Manqul) Ijma’ : It is established by means of reports which may
either be solitary (ahad) or conclusive (tawatur).
Tawatur : - proven in the same way as acquired ijma’.
Ahad : - according to Al Ghazali, it is not sufficient to prove ijma’ because
ijma’ is a decisive proof whereas an ahad reports amount to no more than
speculative evidence, thus, it cannot establish ijma’.
 
 …CONT(D)

* Mazhab Shafie, Hanafi & Hambali validate ahad ijma’

whilst part of Mazhab Hanafi & Shafie did not validate
ahad ijma’).
 
In conclusion any ijma’ transmitted by ahad reports is
speculative of proof (thubut) even if definitive in respect of
the content (matan). It loses its value and hukm must be
referred back to the source from which it was derived in the
first place.
IJMA’ IN THE MODERN TIMES
• View of majority scholars : Ijma’ is possible

• Some scholars: Not possible owing to the strict

conditions of Ijma’ and the occurrence i.e. not to be a
practical principle in the modern times (different
jurisdictions and laws in muslim countries).

• However, ijma’ may only be possible during the period

of Companion (Sahabah)
REASONS WHY IJMA’ OF COMPANION
CAN BE ACCEPTED AS THE SOURCE OF
ISLAMIC LAW

• 1-Allah gives His praises to the companion in Al- quran (surah Al-
Taubah:100) which its meaning is definitive.
• 2-The companions are the people who collect, memorize and deliver
the content of Al-quran and Al-sunnah for the next generation.
• 3-They live in the time of the Prophet
• 4-It is impossible for them to agree on astray matter
 CONCLUSION

• Ijma’ is founded in ijtihad, therefore scholars must rely on an

indication (dalil) in the sources either qatie (decisive) or zanni
(speculative). When there’s a qatie indication, then that itself
is the authority of a decisive text.
• Ijma’ ensures the correct interpretation of Al-Quran and
Sunnah and reflects the natural growth of ideas