Thursday, 13 December 2018

Ijma or Consensus of Opinion


Ijma or Consensus of Opinion

Table of Contents











Ijma or Consensus of Opinion

Introduction

It must be noted at the outset that unlike the Qur'an and Sunnah, ijma does not directly partake in divine revelation. As a doctrine and proof of Shari'ah, ijma' is basically a rational proof. The theory of ijma' is also clear on the point that it is a binding proof. But it seems that the very nature of this high status that is accorded to ijma` has demanded that only an absolute and universal consensus would qualify although absolute consensus on the rational content of ijma' has often been difficult to obtain.

a)      Meaning

Ijma is the verbal noun of the Arabic word ajma'a, which has two meanings:

a.      To determine,  
This usage of ajma`a can be found in the Qur'an in the phrase fajma'u amrakum which occurs in sura Yunus (10:71) means “determine your plan”. Similarly fajma'u kaydakum in sura Taha (20:64), where the Prophet Noah addresses his estranged followers, means “determine your trick”.

b.      To agree upon something,
The second meaning of ijma often subsumes the first, in that whenever there is a unanimous agreement on something, there is also a decision on that matter.

b)     Definition

It can be defined as;

·        The unanimous agreement of the mujtahidun, of the Muslim community of any period following the demise of the Prophet Muhammad on any matter. Or,
·        The consensus of mujtahids from Ummah of Prophet Muhammad s.a.w after his demise in a determined period upon a rule of Islamic Law.

c)      Growth

In all probability, ijma` occurred for the first time among the Companions in the city of Madinah. After the Companions, this leadership role passed on to the next generation, the Successors (tabi'un) and then to the second generation of Successors, and when they differ which eventually fertile the ground for development of Ijma.

 

 

 


Scope of Ijma

By taking first above mentioned definition,
·         Firstly the reference to the mujtahidun precludes the agreement of laymen from the purview of ijma.
·         Secondly any period, is meant a period in which there exist a number of mujtahidun in one time.
·         Thirdly to any matter implies that ijma` applies to all juridical (shar'i), intellectual (aqli), customary (urfi,) and linguistic (lughawi) matters.
·         Fourthly ijma' can only occur after the demise of the Prophet.

The essence of Ijma lies in the natural growth of ideas. Some ulema have confined ijma' to religious, and others to shar'i matters, but the majority of ulema do not restrict ijma to either.

Ijma can also not be invoked in support of such subjects as the existence of God or the truth of the prophet hood of Muhammad. Matters of a practical type e.g. the agreement to send out troops to Syria is out of scope of Ijma.

a)      Importance and Halt of Ijma

Ijma' plays a crucial role in the development of Shari'ah. The existing body of fiqh is the product of a long process of ijtihad and ijma`. And the idea that ijma` came to a halt after the first three generations following the advent of Islam seems to be a byproduct of the phenomenon known as the closure of the gate of ijtihad. This is, however, no more than a superficial equation, as ijma' continued to play a role in consolidating and unifying the law after the supposed termination of ijtihad.

Importance
·         Ijma' ensures the correct interpretation of the Qur'an.
·         It is the instrument of conservatism and of preserving the heritage of the past.
·         ijma` is also an instrument of tolerance and of the evolution of ideas.
·         Ijma` enhances the authority of Speculative rules which do not carry a binding force, but once an ijma `is held in their favour, they become binding. For example, the prohibition of simultaneous marriage to the close relatives of one's wife, despite the fact that the basis of this ijma` is a solitary Hadith which prohibits simultaneous marriage to the maternal or paternal aunt of one's wife.
·         And lastly, ijma` represents authority. Once an ijma is established it tends to become an authority.






Essential requirements of Ijma

The above mentioned definitions of Ijma shows that there are some essentials requirements for a valid Ijma, which are summarised as under;
1.      The agreement must take place among mujtahids
2.      The agreement must be unanimous
3.      All mujtahids must be from Ummah of Muhammad s.a.w
4.      The agreement must after the demise of Prophet s.a.w
5.      The agreement must be among mujtahids of single determined period.
6.      The agreement must be upon a rule of law i.e. hukm shari.
7.      The mujtahids should relied upon a sanad. 
There are some additional requirements which are summarised as;
·         Number of mujtahidun available at the time of issue.
·         Unanimity is a prerequisite of ijma.
·         The agreement of the mujtahidun must be demonstrated by their expressed opinion.
·         Ijma must consists of the agreement of all the mujtahidun, and not a mere majority among them. But as Ahmad Ibn Hanbal and Shah Wali Allah, ijma' may be concluded by a majority opinion.

Proof of Ijma

What proof is there that ijma' is a source of law? The ulema have sought to justify ijma on the authority of the Qur'an, the Sunnah, and reason.

a)      Ijma in the Quran

The Quran (al-Nisa 4:59) is explicit on the requirement of obedience to God, to His Messenger, and “those who are in charge of affairs”, the ulu al amr, as under;

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“O you who believe! Obey Allâh and obey the Messenger (Muhammad SAW), and those of you (Muslims) who are in authority”.

The word ‘amr’ in this context is general and would thus include both secular and religious affairs. The former is discharged by the political rulers, whereas the latter is discharged by the ulema.

Further support for Ijma is in sura al-Nisa' (4:83) provides:

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“If they would only refer it to the Messenger and those among them who hold command, those of them who investigate matters would have known about it”.

Which once again confirms the authority of the ulu al-amr next to the Prophet himself.

The one ayah which is most frequently quoted in support of ijma' occurs in sura al-Nisa' (4:115), which is as follows;

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“And anyone who splits off from the Messenger after the guidance has become clear to him and follows a way other than that of the believers, We shall leave him in the path he has chosen, and land him in Hell. What an evil refuge”.

In this ayah “The way of the believers” and “agreement and the way that they have chosen”, refers to the consensus. And departing from believers is forbidden.

Al-Shafi`i has drawn the conclusion that this ayah provides a clear authority for ijma. And Following a path other than that of the believers', according to both al-Suyuti and al-Shawkani, means abandoning Islam.

Further Al-'Imran (3:102):
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“Cling firmly together to God's rope and do not separate”. This ayah obviously forbids separation (tafarruq).

b)     The Sunnah on Ijma

The Hadith which is most frequently quoted in support of ijma reads;
“My community shall never agree on an error”

But Al-Ghazali has pointed out that this Hadith is not mutawatir, and as such, it is not an absolute authority like the Qur'an.

Albeit that Leading figures among the Companions such as 'Umar b. al-Khattab, `Abdullah b. Mas'ud, Anas b. Malik. `Abdullah b. Umar have reported ahadith in favour of Ijma, which includes the following;

·         “God will not let my community agree upon an error”.
·         “A group of my ummah shall continue to remain on the right path”.
·         “Whoever separates himself from the community and dies, dies the death of ignorance”.

Although the foregoing ahadith are all Ahad and could be subjected to doubt if taken individually, their collective import may, nevertheless, not be denied.

c)      Rational arguments on Ijma

Notwithstanding the doubts and uncertainties in the nusus, the majority of ulema have concluded that the consensus of all the mujtahidun is a sure indication that the word of truth has prevailed over their differences.

Further consensus upon a shar'i ruling is bound to be founded on sound ijtihad, and since ijtihad is founded on sound authority in the first place, the unanimous agreement of all the mujtahidun on a particular ruling indicates that there is clear authority in the Shari'ah to sustain their consensus.

From the viewpoint of the manner of its occurrence, ijma is divided into two types:

a)      Explicit ijma;

In which every mujtahid expresses his opinion either verbally or by an action. Explicit ijma is definitive and binding. This may happen when all gather in one session and collectively express a unanimous opinion.

b)     Tacit ijma;

Whereby some of the mujtahidun of a particular age give an expressed opinion concerning an incident while the rest remain silent. Tacit ijma' is a presumptive ijma and since tacit ijma` does not imply the definite agreement of all its participants, the Ulema have differed over its authority as a proof, i.e. including Al-shafi.

But the Hanafis have considered tacit ijma to be a proof provided that the mujtahid who has remained silent had known of the opinion and even then still chose to remain silent.

Basis (Sanad) of Ijma

According to the majority if ulema, ijma must be founded in a textual authority or in ijtihad and are in agreement that ijma may be based on the Qur'an or the Sunnah. But disagreement is as to whether ijma can be based on a ruling in the secondary proofs such as qiyas or maslahah.

There are three views on this point;
1.      The first of which is that ijma may not be founded on qiyas, because in all cases Companion are known to have reached a consensus, at the root of it there has been some authority in the primary sources.

2.      The second view is qiyas may form the basis of consensus. For qiyas itself consists of an analogy to the nass and relying on qiyas is therefore equivalent to relying on the nass.

3.      The third view on this subject is that when the effective cause (illah) of qiyas is clearly stated in the nass, then qiyas may validly form the bases of ijma.

Non-feasibility of Ijma, a reason to halt

Some Shi'i ulema, held that ijma as defined by the jumhur ulema is not feasible because the mujtahids would normally be located in distant places, cities and continents, access to all of them and obtaining their views is beyond the bounds of practicality.

Further the difficulties are also encountered in distinguishing a mujtahid from a non-mujtahid i.e. absence of clear criteria concerning the attributes of a mujtahid.

a)      Consequences

It is mainly due to these reasons that;
·         Imam Shafi'i confines the occurrence of ijma to the obligatory duties alone.
·         Ahmad ibn Hanbal ijma refers to the consensus of the Companions alone.
·         Imam Malik confines ijma to the people of Madinah, and
·         The Shi'ah Imamiyyah recognise only the agreement of the members of the Prophet's family (ahl al-bayt).

Apart from all these obstacles, today its feasibility can be made easier by the ruling authorities, i.e. by governments through specifying certain conditions, procedures and criteria of Mujtahid.

Proposed Reforms

According to the modern critics, Ijma fails to find its place as a solution for the modern problems of community, because it is too slow process and cannot cope with social changes. The obvious reason is its feasibility.
Muhammad Iqbal in his book “Reconstruction” is primarily concerned with the question of how to utilise the potentials of ijma modern statutory legislation. He considers it largely theoretical.

He writes;

“It is strange, that this important notion rarely assumed the form of a permanent institution”.

He then suggests that the transfer of the power of ijtihad from individual representatives of schools to a Muslim legislative assembly is the only possible form ijma can take in modern times.

Iqbal's proposed reform has been fairly widely supported by other scholars as well, but at same time been criticised on other grounds. S. M. Yusuf has observed that Iqbal was mistaken in trying to convert ijma` into a modern legislative institution. He argues that ijtihad and ijma have never been the prerogatives of a political organisation and it is non-transferable e.g. through elections.

Ahmad Hasan observes that;
“Dr Yusuf has probably not understood Iqbal's view correctly”. And he finds Iqbal's view Ijtihad today cannot be exercised in isolation. Modern conditions demand that it should be exercised collectively and goes on to point out that the legislative assembly is `the right place' for the purpose of collective ijtihad.

So concluding the topic here by pointing that, although classical definition of Ijma is discouraging diversity, but this is no justification to put Ijma in halt. The gap between the theory and practice of Shariah has already grown to alarming position and what requires is to respect, chanalised, legalize, and freedom of opinion should be vouchsafed the participants of Ijma. This challenge has to be met, not through laissez faire attitude but by judicious attitude by protecting and respecting freedom of opinion.

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