Ijma
Define Ijma. What are its kinds and how it is conducted?
1) Introduction
Ijmar is the third source of law which means “Consensus” and it is an agreement of Muslim scholars upon religious issues. According to the need of the time ALLAH gave sanction to Muslims to perform ijma because It is necessary to resolve the rising needs of time. All school of thought accepts the doctrine of this theory and exercise this theory when needed
2) Meaning of Ijma
The word ijma has been derived from the Arabic word “AJMAA” which means “Agreement upon a matter”
3) Definition of ijma
Agreement upon a Question of Law of the Muslim scholars of the same age
4) Basis of Ijma
Following are the three bases of Ijma.
- Quran
- Sunnah
- Analogy (Qiyas)
5) Arguments in support of Ijma
Allah Almighty completed the Islamic religion and Holy Prophet P.B.U.H last of the prophets. If any rule of law not found in the Quran and by the Holy Prophet (P.B.H.U) then Ijma is permitted to Muslim jurists and they can find out the laws for rising issues of the modern age
1. Quranic verses in support of Ijma
As Quran Says:
“OBEY GOD AND OBEY PROPHET (P.B.U.H) AND THOSE AMONGST YOU WHO HAVE
AUTHORITY”
2. Hadith in support of Ijma
As Hadith Says:
“MY FOLLOWERS WILL NEVER AGREE UPON WHAT IS WRONG”
6) Kinds of Ijma
Following are the kinds of ijma.
I. Explicit Ijma
Where jurists clearly express their views regarding any religious issue under discussion before them
II. Tacit Ijma
When jurist not clearly express their views and remain silent on the legal decision, their silence also will be considered with the majority
7) Who can perform Ijma
Qualifications of Mujtahid who can perform Ijma.
- 1. Scholar of Quran and Sunnah
- 2. Expert in Arabic Language
- 3. Knows the principles of Naskh
- 4. Knows Qiyas
- 5. Impartial thinking
- 6. Familiar with the traditional science
- 7. Competent in explaining the law
- 8. Up to date with knowledge of society
8) Validity of Ijma
Ijma is valid if it has the following.
1. Ijma by Mujtahid
Ijma must be performed by Mujtahid who have attained the status of Ijtihad
2. Unanimous opinion
All jurists or Muslim scholars must have a unanimous opinion on a religious issue
3. Performed by Muslims
All participating jurists should be from Ummat-e-Muhammadi
4. After the death of the Holy Prophet (P.B.U.H)
Ijma must be performed after the death of the Holy Prophet (P.B.U.H) if it has been performed
within the life of the Holy Prophet (P.B.U.H) then it will not be accepted as valid
5. In the same period
Ijma should be performed in the same period By Muslim scholars of the same age
6. Upon the Rule of Law
Ijma must be upon a rule of law because it can’t be applied to non-legal matters
7. Reliance upon a Sanad (Evidence)
Ijma must be relied upon by some sanad otherwise it will not be considered valid
9) Ijma as a source of law
Ijma is 3rd source of law and many issues have been resolved by Ijma. Scholars of the modern age can perform ijma if they are eligible or qualify as Mujtahid
1. Enforcement of Ahkams of Quran and Sunnah
Ijma discovers the new Laws and enforces the Ahkams of Quran and Sunnah
2. Interpretation of Sharias
Ijma helps the Muslim scholars in the interpretation of the Laws of Sharia laid down in the Holy Quran
and Holy Sunnah
3. New legislation can be made
After the Quran and Sunnah, new legislation can be made with the help of Ijma which is permitted
in Islam
4. First Ijma performed by Muslims
ELECTION of HAZRAT Abu Bakar R.A for CALIPHA was based on IJMA
10) Legal effect of Ijma
The law laid down by Ijma has authority even till:
- No jurist raised the question before its creation
- No jurist raised questions after its creation
- The decision must be proved universally
11) Imja and Western Concept of “Opinio Prudentium”
Opinio Prudentium which means “Opinions and decisions of lawyers”. In the Roman law system, lawyers give their opinions on the directions of the king Such opinions become part of the legal system later on. However, the concept of Ijma has a wider scope than Opinio Prudential
12) Ijma in the modern period
Ijma is not confined to any age or country and it has been permitted if there is no hukm to be found in Quran and Sunnah. Muslim jurists are permitted to perform ijma in the light of laws laid down in the Holy Quran and Sunnah
13) Can parliament perform Ijma?
It is a very important question for Islamic countries. If parliament possesses the qualification of mujtahid then it can perform Ijma if parliament does not qualify so it cannot perform Ijma
14) Conclusion
Ijma is a basic principle of Sunni thought of school because whenever they don’t find any issue from the Quran and Sunnah then they perform Ijma and get the result in the shape of new legislation Ijma of one age can be changed by subsequent ijma of the same age It can be established by words or practice