Ijma' is consensus among Islamic legal scholars on matters of religious law or doctrine. It serves as a source of Islamic law. There are several types of ijma', including explicit ijma' where all scholars express their opinion, and tacit ijma' where some scholars express an opinion and others remain silent. Ijma' was most commonly exercised during the time of the Rightly Guided Caliphs when scholars were in close proximity in Madinah. Examples of historical ijma' include the compilation of the Quran and the choice of Abu Bakr as the first caliph after Muhammad.
The root word of ijtehad is “Juhd” which means “to try or strive”. It's the process in which a scholar independently strive to find answers, reasons or solutions to the problem in light of Quran and Ahadees.
Qiyaas
Sometimes they use analogy to find solutions. E.g: alcohol is forbidden. So if a thing has same effect as alcohol, it is also forbidden.
This method of analogy is called “Qiyaas”.
The rule of qiyas its meaning, justification, types, scope, application, feas...EHSAN KHAN
Qiyas, Definition of Qiyas, Scope of Qiyas, Meaning of Qiyas,
Applictaion of Qiyas, Types of Qiyas, examples of qiyas,
define qiyas with different examples
The root word of ijtehad is “Juhd” which means “to try or strive”. It's the process in which a scholar independently strive to find answers, reasons or solutions to the problem in light of Quran and Ahadees.
Qiyaas
Sometimes they use analogy to find solutions. E.g: alcohol is forbidden. So if a thing has same effect as alcohol, it is also forbidden.
This method of analogy is called “Qiyaas”.
The rule of qiyas its meaning, justification, types, scope, application, feas...EHSAN KHAN
Qiyas, Definition of Qiyas, Scope of Qiyas, Meaning of Qiyas,
Applictaion of Qiyas, Types of Qiyas, examples of qiyas,
define qiyas with different examples
This slide program explains concept of justice in Islam. Definition of justice, its comprehensive nature is described in the light of Quran and Hadith. Its opposite, Zulm is defined and its 3 types are described.
Introduction
Definition of the Shari’ah
Branches of the Shari’ah
Shari’ah and Fiqh
Classifications of injunctions
Features of the Shari’ah
Sources of the Shari’ah
Maqāsid of Shari’ah
Misconceptions of the Shari’ah
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
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This slide program explains concept of justice in Islam. Definition of justice, its comprehensive nature is described in the light of Quran and Hadith. Its opposite, Zulm is defined and its 3 types are described.
Introduction
Definition of the Shari’ah
Branches of the Shari’ah
Shari’ah and Fiqh
Classifications of injunctions
Features of the Shari’ah
Sources of the Shari’ah
Maqāsid of Shari’ah
Misconceptions of the Shari’ah
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Human rights law and refugee law as the branches of international law are interconnected in such a multifaceted manner that their severance is not an easy task. In general, as a part of the international legal system both have to tackle increasing demands and expectations. The systematic approach reveals that both the refugee law and human rights law presents two concepts of public international law where practical responsibility of state sovereignty seems to be assorted from one to another. But the scheme of both the laws discloses a glaring difference between the two in terms that refugee law is limited and fractional one whereas human rights law is universal and comprehensive in nature.
Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
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2. IJMA’ (CONSENSUS OF OPINIONS)
•Ijma’ does not directly partake in the divine revelation unlike the
Quran and the Sunnah.
•Ijma’ is a rational and binding proof.
3. MEANING OF IJMA’
• 1. To determine and to agree upon something
• 2. Unanimous agreementliterally
• The unanimous agreement of the mujtahidin of the Muslim
community of any period following the demise of Prophet
s.a.w on any matters pertaining to Islam whether in belief or
moral and legal matters. (by al-`Amidi)
• Modern scholar, Abu Zahrah has narrowed this definition to
confine it to legal matters only.
• It must be the agreements of qualified scholars who fulfil
certain conditions laid down by the scholars to exercise
ijtihad.
• In fact, the existing body of Fiqh is the product of a long
process of ijtihad and ijma’.
technically
From the Arabic word, ajma’a ()اجمع
By al-’Amidi (d.615AH/1218CE)
4. BASIS OF IJMA’
• It should be noted that they have on the whole maintained the view that the textual evidence in
support of ijma’ does not amount to a conclusive and decisive proof but it is rather an indication of
the utilization of ijma’.
ضاللة على أميت جتتمع ال
My community shall never agree on an error
-narrated by IBN MAJAH-
• Ijma’ is a form of agreement
and this Hadith assures that
it is impossible for Muslims to
agree on something which is
wrong or something which
could lead Muslims astray.
5. • In conclusion, the consensus of all the mujtahidun (those who are qualified to exercise
ijma’) on a particular ruling is a sure indication that the word of truth has prevailed
over their differences.
• This rational argument in support of ijma’ has been further advanced to the effect that
consensus upon a ruling in Islamic law is bounded to be founded on sound ijtihad
(reasoning).
• Since ijtihad is founded on sound authority in the first place, the unanimous agreement
of all the scholars on a particular ruling indicates that there is clear authority in Islam to
sustain their consensus.
• Ijma’ in other word accounts for its own authority.
6. REQUIREMENTS OF IJMA’
There are number of
mujtahidun available at the
time when the issue is
encountered.
• Consensus will never
exist unless there is a
plurality of concurrent
opinions.
Unanimity is a prerequisite of
ijma’.
• The presence of a
different view, even by a
small minority precludes
the possibility of ijma’.
The agreement of the
mujtahidun must be
demonstrated by their
expressed opinion on a
particular issue.
• The expression may be
verbal or in writing.
8. EXPLICIT
IJMA
( AL-IJMA’
AL-SARIH )
• Every mujtahid expresses
his opinion either verbally
or by action.
• Explicit ijma’ is definitive
and binding.
TACIT IJMA’
( AL-IJMA’
AL-SUKUTI )
• Some of the mujtahidin of a
particular age give an
expressed opinion
concerning an incident but
the rest remain silent.
• The scholars that remain
silent had known of the
opinion of other mujtahidun
and then had ample time to
investigate and express an
opinion but he choose to
remain silent.
TYPES
OF
IJMA’
9. THE POSSIBILITY OF EXERCISING IJMA’
• During the period of the Rightly Guided Khulafa, most of the scholars of the companions
were residing in Madinah.
• Therefore, making it easy for them to meet and discuss any issues that may arise within the
Muslim community.
• Ijma’ can only occur after the demise of Prophet (s.a.w) because he is the highest authority
of Islamic Law at that time.
10. After the period of companion, the tendency to uphold ijma’ had gradually
weakened and according to some scholars ijma’, its exact meaning was not
exercised after the Rightly Guided Caliph period.
As for the move to revive and reform ijma’, the different platform such as
Majma’Al-fiqhi Al-’alami exist at present and the different council of fatwa
should study the possibility to introduce an authoritative body to represent
the Muslim ummah.
Thus, have the authority to issue legal fatwa which can be considered as
binding upon the Muslim ummah.
11. EXAMPLE OF IJMA’
•1- THE COMPILATION OF AL-QURAN INTO A MUSHAF
-AL-QURAN THAT HAVE BEEN COMPILE AND USE
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.
12. 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.
13. The Reason 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 verses 100) which its
meaning is definitive.
2-The companion is 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 Rasulullah
4-It is impossible for them to agree on astray matter