The Philosophy of Ijma' (Consensus) according to the Scholars of Usul Al-Fiqh

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Indeed, Allah has blessed us with the gift of Islam, the most complete and perfect of all religions. As Allah The Almighty has declared: "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion." [Al-Ma'idah/3]. He sent to us His most honored Messenger, Prophet Muhammad (PBUH), who conveyed the message, fulfilled the trust, and left us upon a clear, radiant path, where night is as bright as day. No one strays from it except the misguided, and none turns away from it except the lost. This clear and pure path was inherited by the noble Companions (may Allah be pleased with them), who received from the Prophet (PBUH) a methodology for understanding the Book of Allah and the Sunna of His Prophet. This understanding has been transmitted faithfully, generation after generation, until the end of time. When the understandings of the jurists unanimously agree upon a ruling of Sharia, it becomes certain and definitive — this is what is known as Ijma' (Consensus).

Definition of Ijma' in the Arabic Language:

In Arabic, the term (Ijma') refers to agreement or consensus [1]. It is said: for instance, Ajma'a Al-qawm 'Ala Kada to mean: "The people agreed on such and such." The term also carries the meaning of determination or firm resolve. For example, Ajma'a Al-amr and Ajma'a 'Ala Al-amr are expressions used when one has firmly resolved to do something [2].

Definition of Ijma' in Islamic Terminology:

Scholars have offered various definitions of Ijma' depending on the conditions and restrictions they consider essential. Al-Razi, in in his book [Al-Mahsul] defines it as "The agreement of the people of authority among the Muslim community on a particular matter [3]." Al-Amidi defines it as "The consensus of all people of authority within the Muslim community at any given time on a specific ruling regarding an incident [4]". Tajuldeen Al-Subki describes it as "The consensus of the qualified scholars of the community, after the death of the Prophet Muhammad (PBUH), on any matter [5]". These definitions differ in their stipulations. Al-Razi's definition does not specify that Ijma' occurs in a particular era, while Al-Amidi does not limit it to events following the Prophet's passing. Al-Subki, however, includes a stipulation that the consensus can apply to any matter, religious or otherwise. Combining these perspectives, Ijma' can be comprehensively defined as "the consensus of the qualified scholars of this community after the death of the Prophet Muhammad (PBUH) in a particular era on a specific religious ruling [6]".

Types of Ijma':

Ijma' can be divided into two categories based on how the ruling is communicated by the scholars:

1. Explicit Ijma': This occurs when the scholars clearly state their agreement on a ruling, either through verbal expression or by their actions. 

2. Tacit Ijma': This type of consensus happens when some scholars explicitly state the ruling, and their statement becomes widely accepted, while the others remain silent and do not oppose it [7].

The Authority of Ijma':

Ijma' is considered one of the primary sources of Islamic law, ranking as the third most authoritative after the Qur'an and Sunna. This principle has been followed by the early generations of the Muslim community and its scholars. Many scholars have affirmed that explicit Ijma' is a decisive proof, meaning it is certain and binding. Some notable scholars who have endorsed this view include:

1. Al-Qadi Abu Ya'la [8].

2. Ibn Qudama [9].

3. Imam Al-Haramayn Al-Juwayni [10].

4. Al-Bazdawi [11].

5. Abdul Aziz Al-Bukhari: In his work "Kashf Al-Asrar" he summarized that explicit Ijma' is a conclusive proof acknowledged by the majority of Muslims [12].

The Philosophy of Ijma':

Ijma' is a solid and established path to understanding revelation, specifically the meanings, values, and rulings contained within the texts of the Book of Allah and the Sunna of His Messenger (PBUH). It is considered stronger in its reliability than the authenticity of a single hadith chain. Al-Ghazali explains this in discussing the hierarchy of evidence, stating: "In clarifying the order of evidence, we say that it is incumbent upon a Mujtahid (Qualified Islamic jurist) to first consider the original state of negation before any Sharia text has arrived. Then, he should examine the textual evidence (Quran and Sunna) that alters this state, beginning with consensus. If there is a consensus on an issue, further examination of the Qur'an and Sunnah is unnecessary, for they are susceptible to abrogation, whereas consensus is not. A consensus opposing what is in the Qur'an and Sunna is definitive evidence of abrogation, as the Ummah (Islamic community) cannot collectively err [13]."

 

The Meaning of Ijma`:

The concept of Ijma` refers to the agreement of jurists on a unified understanding of a specific issue of Sharia, based on the Qur'an and Sunnah. This consensus acts as a strong shield for Islamic law, protecting it from distortion or misinterpretation. Ijma is not used as a source in the absence of textual evidence from the Qur'an or Sunnah, as it cannot occur without a foundation rooted in these texts. Al-Amidi explains: "All agree that the Ummah only unites on a ruling based on a source and reference that necessitates their agreement [14]." At times, the basis for Ijma' may not be apparent, and thus it is relied upon to establish the matter, not because Ijma itself creates a new Sharia ruling, but because it reveals the existing Sharia judgment within Islamic law. If the textual evidence is unclear or open to different interpretations, Ijma' serves to provide certainty in the understanding of the Qur'an and Sunnah. This ensures no disagreement on the authenticity or interpretation of the text, as Ijma' confirms that the text is reliable and that the scholars' interpretation is definitive, leaving no room for alternative understandings. Therefore, Ijma' complements and strengthens the primary sources of Islamic law.

Ijma' represents a unique aspect of the human continuity that defines Islamic civilization. This civilization is not solely rooted in isolated texts or detached ideas but is rather a holistic intellectual structure grounded in a continuous chain leading back to the Prophet Muhammad (PBUH) on one side and a steady line of scholarly communication across generations on the other. The major jurists did not encounter the Qur’an and hadith literature suddenly and then construct their jurisprudential frameworks; instead, Islamic jurisprudence developed alongside and even prior to the formal compilation of hadith. Thus, Islamic jurisprudential thought embodies an ongoing process of intergenerational transmission.

The Ruling on Violating Ijma':

When scholars disagree on an issue with two established positions, this implies a consensus that the issue is confined to those two views. The question arises, then, regarding the permissibility of introducing a third opinion. The majority of scholars prohibit this, while some Hanafi scholars hold a differing view [15]. Al-Razi explains: "The truth is that introducing a third opinion may either necessitate abandoning the established consensus or not. If it does, then introducing a third opinion is impermissible." For example, in the case of inheritance involving the grandfather and brother, the Ummah has differed between giving the entire inheritance to the grandfather or having the grandfather share with the brother. A third opinion that allocates the entire inheritance to the brother would be impermissible, as it contradicts the consensus that the grandfather is entitled to a portion. However, if the third opinion does not conflict with the consensus, its introduction is permissible, as the only prohibition is against contravening or invalidating the consensus [16]."

Al-Zarkashi clarified Imam Al-Shafi'i's perspective on this issue, stating: "The prohibition [of introducing a third opinion] stems from the fact that such an introduction would negate the consensus. However, in instances where it does not negate a consensus, the implications of his stance would indicate its permissibility [17]."

Thus, the occurrence of a third opinion that contradicts the consensus is not permissible, as it breaks the consensus. However, if this third opinion does not contradict the consensus, there is a difference of opinion among scholars [18]. Therefore, it is not permissible to break what the scholars have agreed upon or to cast doubt on their understanding, as this opens the door to undermining established truths and equating personal convictions with the correct understanding of the texts. An example of this is the claim that the hijab of a Muslim woman is not obligatory but rather a custom, or that the rulings of Sharia regarding the private parts of men and women change depending on time and place, and that they are subject to customary law rather than Islamic law. Also, the allowance for a woman to appear completely naked, intentionally or unintentionally, in front of her Mahrams, as mentioned in the verse: "And tell the believing women to lower their gaze and guard their private parts, and not to display their adornment except that which is apparent, and to draw their veils over their bosoms and not to reveal their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, those whom their right hands possess, the male attendants who lack [sexual] desire, or children who are not yet aware of the private aspects of women..." [An-Nur/31] [19], without considering the consensus of the Ummah on the contrary, and that this is known to be part of the religion by necessity. The claim of the impermissibility of celebrating the Prophet's birthday without considering the scholarly consensus on the obligation of loving the Prophet, peace be upon him, and recognizing his biography, characteristics, virtues, and signs of his Prophet hood in every permissible way, as the ways of expressing love and knowledge of him are countless and vary according to time and place, is not to be seen as impermissible. As long as the method is not contrary to the Sharia, even if it was not practiced during the time of the Prophet or the Companions, it is not permissible to say it is forbidden and to break the scholarly consensus.

Thus, it is clear to us that the consensus of scholars on understanding the legal text is one of the means through which Allah preserves this religion. It is a strong fortress and an unyielding shield that protects the pure Sharia from the whims of the whimsical, the distortions of the extreme, the fabrications of the falsifiers, and the misinterpretations of the ignorant. The religion remains in its purest form, its night like its day, and no one deviates from it except the doomed, and no one strays from it except the misguided. Praise be to Allah, The Lord of The Worlds.

 

 

[1]  Al-Firuzabadi, Majd al-Din Abu Tahir Muhammad ibn Ya'qub, "Al-Qamus al-Muhit"

Edited by: The Heritage Research Office at Al-Risala Foundation, under the supervision of Muhammad Na'im al-‘Arqisousi. Al-Risala Printing and Publishing, Beirut - Lebanon, 8th edition, 1426 AH (2005 CE), p. 710.

[2] Al-Jurjani,"Al-Ta'arifat"

Ali ibn Muhammad ibn Ali al-Zayn al-Sharif al-Jurjani (d. 816 AH), edited and verified by a group of scholars under the supervision of the publisher. Dar al-Kutub al-‘Ilmiyya, Beirut - Lebanon, 1st edition, 1403 AH (1983 CE), p. 10.

[3]  Al-Razi: Abu Abdullah Muhammad ibn Umar ibn al-Hasan al-Razi, "Al-Mahsol"

Edited by Dr. Taha Jabir al-‘Alwani. Al-Risala Foundation, 3rd edition, 1418 AH (1997 CE), 4/20.

[4]  Al-Amidi, "Al-Ihkam fi Usul al-Ahkam"

Abu al-Hasan Sayyid al-Din Ali ibn Abi Ali ibn Muhammad ibn Salim al-Tha'labi al-Amidi (d. 631 AH), edited by Abdul Razzaq Afifi. Al-Maktabah al-Islamiyyah, Beirut - Damascus - Lebanon, 1/196.

[5]  Al-Attar, Hasan ibn Muhammad ibn Mahmood al-Attar al-Shafi‘i, "Hashiyat al-Attar ala Sharh al-Jalal al-Mahalli ala Jami‘ al-Jawami‘"

Dar al-Kutub al-‘Ilmiyya, 2/210. (Al-Mahalli’s explanation of Jami‘ al-Jawami‘ is at the top of the page, followed by Al-Attar's commentary).

[6]  Al-Sanhaji, Abdul Hamid Muhammad ibn Badis al-Sanhaji, "Mabadi’ al-Usul"

Edited by Dr. Ammar al-Talabi. National Company for Publishing and Distribution, 1980, p. 23.

[7] Al-Baghdadi, Abu Bakr Ahmad ibn Ali ibn Thabit ibn Ahmad ibn Mahdi al-Khatib al-Baghdadi (d. 463 AH), "Al-Faqih wal-Mutafaqih"

Edited by Abu Abdul Rahman Adel ibn Yusuf al-Gharazi. Dar Ibn al-Jawzi, Saudi Arabia, 2nd edition, 1421 AH, 1/429.

[8]  Abu Ya'la, Muhammad ibn al-Husayn ibn Muhammad ibn Khalaf ibn al-Farra’ (d. 458 AH), "Al-‘Iddah fi Usul al-Fiqh"

Edited and annotated by Dr. Ahmad ibn Ali ibn Sir al-Mubarak. Unpublished, 2nd edition, 1410 AH (1990 CE), 4/1058.

[9]  Ibn Qudamah, Abu Muhammad Muwaffaq al-Din Abdullah ibn Ahmad ibn Muhammad ibn Qudamah al-Jama’i al-Maqdisi (d. 620 AH), "Rawdat al-Nazir wa Jannat al-Munazir fi Usul al-Fiqh ‘ala Madhhab Imam Ahmad ibn Hanbal"

Al-Riyan Printing, Publishing, and Distribution, 2nd edition, 1423 AH (2002 CE), 1/378.

[10]  Al-Juwayni, Abd al-Malik ibn Abd Allah ibn Yusuf ibn Muhammad al-Juwayni (d. 478 AH), "Al-Burhan fi Usul al-Fiqh"

Edited by Salah ibn Muhammad ibn ‘Uwaydah. Dar al-Kutub al-‘Ilmiyya, Beirut - Lebanon, 1st edition, 1418 AH (1997 CE), 1/262.

[11]  'Ala' al-Din al-Hanafi, Abdul Aziz ibn Ahmad ibn Muhammad ‘Ala’ al-Din al-Bukhari al-Hanafi (d. 730 AH), "Kashf al-Asrar Sharh Usul al-Bazdawi"

Dar al-Kitab al-Islami, 3/251.

[12]  Abd al-Aziz al-Bukhari, "Kashf al-Ashrar"

3/252.

[13]  Al-Ghazali, Abu Hamid Muhammad ibn Muhammad al-Ghazali al-Tusi (d. 505 AH), "Al-Mustasfa"

Edited by Muhammad Abd al-Salam Abd al-Shafi. Dar al-Kutub al-‘Ilmiyya, 1st edition, 1413 AH (1993 CE), 1/374-375.

[14] Al-Amidi, "Al-Ihkam fi Usul al-Ahkam"

1/261.

[15]  Ibn Qudamah, Abu Muhammad Muwaffaq al-Din Abdullah ibn Ahmad ibn Muhammad ibn Qudamah al-Jama’i al-Maqdisi (d. 620 AH), "Rawdat al-Nazir wa Jannat al-Munazir fi Usul al-Fiqh ‘ala Madhhab Imam Ahmad ibn Hanbal"

Al-Riyan Printing, Publishing, and Distribution, 2nd edition, 1423 AH (2002 CE), 1/430.

[16]  Al-Razi, Abu Abdullah Muhammad ibn Umar ibn al-Hasan al-Razi, "Al-Mahsol"

Edited by Dr. Taha Jabir al-‘Alwani. Al-Risala Foundation, 3rd edition, 1418 AH (1997 CE), 4/128-129.

[17]  Al-Zarkashi, Abu Abdullah Badr al-Din Muhammad ibn Abdullah ibn Bahadur al-Zarkashi (d. 794 AH), "Al-Bahr al-Muhit fi Usul al-Fiqh"

Dar al-Kutbi, 1st edition, 1414 AH (1994 CE), 5/519.

[18]  See: Al-Razi, "Al-Mahsol"

129-134.

[19]  See: Muhammad Shahrour, "Al-Kitab wal-Quran"

Al-Ahali Publishing, Damascus, pp. 604-613.