Beruflich Dokumente
Kultur Dokumente
Q. Define and discuss Ijma and Qiyes as source of Islamic law. (2002)
Q. Define Ijma. What are its kinds and how it is conducted. (2002/A,
2005/A)
Q. Ijma is a valid surce of Islamic law. (1995, 1997, 2000)
Q. Define Ijma. What are its kinds? How it is conducted? (2006/S)
1. Introduction
Ijma is the primary source of law. It means determination or consensus. The
society which was established by the Holy Quran and the Sunnah is a living society
so the Allah almighty gave sanction to the consensus of the Muslim to meet the
arising needs of the time.
2. Meaning and definition of Ijma
(I) Meaning of Ijma
Ijma is the verbal noun of the Arabic word Ajmaa it is used in two senses.
(i)
(ii)
Quran
(ii)
Hadith or
(iii)
Analogy
(I)
Express Ijma
(ii)
Tacit Ijma
(I)
Explicit Ijma
or
or
Ijma Qawli
Ijma Sakuti
Explicit Ijma is one in which the legal opinions of all the jurists of one period
coverage in relation to a legal issue, and each of them states his opinion
explicitly.
(a) It may take place when all the jurists are garthered in one session and an
issue is presented to them and they collectively expressed a unanimous
opinion.
(b) It may also take place when an issue is raised in a certain period and all the
jurists in turn issue similar fatwas independently and at sepaeate times.
(II)
Tacit Ijma
(III)
Tacit Ijma takes place when some mujtahid issue a verdict on a legal issue
and the rest of the mujtahids come to know of it during the same period,
but they keep silent, neither acknowledge it nor refuse it expressly.
Only Muslim Mujtahids or jurists can perform Ijma. He must possess the following
qualifications.
(i)
(ii)
Knows Qiyas
(iii)
(iv)
Impartial thinking
(v)
(vi)
(vii)
(viii)
Ijma by mujtahids
The Ijma must be performed by Mujtahids i. e those who have attained the
status of Ijtihad.
(II)
Unanimous opinion
There must be unanimous opinion among all mujthahids upon a Hukm shari.
(III)
Performed by Muslims
All the jurists participating in Ijma must be from the Ummah of Hazrat
Muhammad (Peace be Upon Him).
(IV)
The Ijma must have taken place after the death of Holy Prophet (Peace be Upon
Him).
(V)
In a determinate period
The Ijma must be upon rule of law and all-non legal matters are excluded from
the domain of Ijma.
(VII)
For deriving their opinion, Mujtahids should relied upon some sanad
(evidence).
8. Ijma as a source of law
Ijma as a third source of law and under the circle of Quran and Sunnahs delegation
many issues can be resolved by Ijma.
(I)
Ijma as a source of law helps in discovering the law and enforces the principals
laid down in Quran and Sunnah.
(II)
Interpretation of Sharia
To achieve the objects of Quran and Sunnah, new legislation can be made
through the process of Ijma.
(VI) First Ijma performed by Muslims
The election of Hazrat Abu Bakr to the caliphate by the votes of the people was
based of Ijma.
9. Legal effect of Ijma
The law laid down by consensus of opinion is authoritative and binding. But in its
theological sense, a decision of Ijma would be of absolute authority only if it
conforms to the following conditions.
(i)
(ii)
None of the Mujatahids taking part in the decision should have afterwards
changed his opinion.
(iii)
(iv)
(v)