2. Table of contents
DEFINITION OF AL-IJMA
DALIL OF THE VALIDITY OF AL-IJMA
CONDITIONS OF THE VALIDITY
ITS TYPES
THE SANAD OF AL-IJMA
JUSTIFICATION OF AL-IJMA AS A
SOURCE OF LAW
4. Literal meaning :
Determination, resolution and agreement upon something.
Technical meaning :
The consensus of mujtahids (independent jurists) from the ummah of Muhammad (peace be
upon him) after his death, in a determined period upon a hukm shar’i .
8. 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. All the jurists participating in ijma must be from the ummah of Muhammad
(peace be upon him).
4. The agreement must be held after the death of the Prophet (peace be upon
him)
5. The agreement must be among the mujtahids of a single determined
6. The agreement must be upon hukm syar’i
7. The mujtahid should have relied upon a sanad for deriving their opinion
10. Ijma
Ijma Sarih (Explicit)
Ijma Sukuti
(Silent/Tacit)
- Every mujtahid expresses his
opinion either verbally or by
action.
- Eg. written agreement by the
mujtahids when certain issue
discuss in conferences &
council.
- According to the majority of
the scholars, this ijma is
definitive & binding. It should
be implemented & become
part of Islamic law.
- Some of the mujtahidun of a
particular time give an
expressed opinion concerning
an incident but the rest remain
silent.
- Occur when a scholar publicize
his view on an issue & other
scholars remain silent, which
according to some scholars
indicate their agreement.
- However, the Shafi’e & Hanafi
refuse the validity of this ijma.
12. - The legal theorists hold that there must be some proof to which the mujtahids refer to
in their agreement.
- They are in agreement that Al-Quran & the Sunnah can be a proof for Ijma.
- Example of Ijma based on Al-Quran:
The prohibition of marriage with grandmother & granddaughter. This ijma is relied on
the verse “Prohibited to you (for marriage) your mothers, daughters…” (An-Nisa, 4:23).
14. - It is established by Al-Quran & the Sunnah
- In Al-Quran, “ O you who believe! Obey Allah & obey the Messenger & Ulil Amri (those
in charge with authority among you)” (An-Nisa, 4:59)
- In the Sunnah, there are many Sunnah that indicated that the Muslim community is
infallible in their agreement. Although each of the Sunnah is probable if it stands
independently, but collectively they are definitive & convey the same idea. This make
it obligatory for Muslims to obey Ijma.
- Example:
“My community will not agree on mistake”
“My people will not agree not an error”
“I prayed to Allah, the Exalted, that my community may not agree on error, and He
gave it to me”
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