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)

requirement of obedience to God, to His 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”.
IMPORTANCE/RATIONAL OF IJMA’
• To prevent controversy and contradiction in legal
opinion,

• An instrument of tolerance and of evolution of ideas.

• Ensures the correct interpretation of Al Quran, Sunnah &

the legitimate use of Ijtihad,

• Ijma’ enhances the authority of rules which are

speculative origin.

• Ijma’ represents authority.

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 hv relied upon a sanad
(evidence) for deriving their opinion.
 TYPES OF IJMA’

• Explicit Ijma’ (Ijma’ Sarih)

• Tacit Ijma’ (Ijma’ Sukuti)

 …cont(d)
• Opinions of muslim jurists on Ijma’ Sukuti :

• Hanbali and Shi’ie school of thoughts : it is acceptable and valid

proof. : it is considered as a proof provided it is established that the
scholars who has remained silent had known of the opinion and
other scholars and then had ample time to investigate and to
express an opinion but he choose to remain silent – it is considered
as tantamount to agreeing with the existing opinion.
•
• Al Shafie and Al Hanafi : refute the validity of such ijma’. Tacit ijma’ is
a presumptive ijma’, which only creates a probability but des not
preclude the possibility of fresh ijtihad on the same issue. Since tacit
ijma’ does not imply the definite agreement of all of its participants,
the scholars have differed over its authority as a proof.

• Al Ghazali added : it is Ijma’ on condition that it provided that the

tacit agreement is accompanied by indications of approval on the
part of those who are silent (Silent indicates consent).
 …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 & part of Syiah : 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.

• Syiah Imamiah : Ijma’ is feasible but only

recognize the ijma’ of ahlul bait only
(prophet’s family).
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 amounts 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.
Occurrence of 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)
 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 nass.
• Eg : ijma’ of sahabah on the exclusion of the son’s
son from inheritance when there is a son.
• E.g.: the rule of the land that has been conquered
may not be distributed to the conquerors. It has
become a standard practice and they hv
announced their collective decision in public.
• Ijma’ does not mean a universal agreement but
only the consensus of a limited number of scholars.