Lecture Notes 5 - Usul Fiqh

GT20302
USUL
FIQH/ISLAMIC
JURISPRUDEN
CE
The Third Source of Shariah:
The Ijma’
(Consensus of Opinion)
11/21/09 Copyright Reserved@2008_Mohd Zulkifli Muhammad 1

Contents
1) Introduction
2) Definition
3) History
4) Essential Requirements (Arkan)
of Ijma’
5) Proof (Hujjiyyah) of Ijma’
6) Types of Ijma’
11/21/09
Copyright Reserved@2008_Mohd Zulkifli Muhammad 2
Introduction
• Ijma’ is a verbal noun of the Arabic
word ajma’a which has 2
meanings: 1) to determine
and 2) to agree upon something.
• The first meaning: 1) ‘so-and-so
decided upon such-and-such. 2)
found both in the Quran & Hadith.
11/21/09
Introduction
3) unanimous agreement – the
people reached a unanimous
agreement on such-and-such.
• The second meaning: often
subsumes the first, in that
whenever there is a unanimous
agreement on something, there is
also a decision on that matter.
11/21/09
Definition
• Definition of Ijma’: the unanimous

agreement of the mujtahidun of
the Muslim community of any
period following the demise of the
Prophet on any matter.
11/21/09
Definition
• In this definition: Mujtahidun-
precludes the agreement of
laymen. Any period- a period in
which there exist a number of
mujtahidun at the time an incident
occurs. Any matter- ijma’ applies
to all juridical (shar’i), intellectual
(‘aqli), customary (urfi) and
linguistic (lughawi).
11/21/09
Definition
• Some ulema have confined ijma’

to religious, and others to shar’i
matters, but the majority of ulema
do not restrict ijma’ to either.
11/21/09
History
• Only occur after the demise of the
Prophet- occurred for the first time
among the Companions in the city
of Madinah. The Companions
used to consult each other over
the problems they encountered,
and their collective agreement
was accepted by the community.
11/21/09
History
• After the Companions: the
Successors and then to the
second generation of Successors.
• When the 2nd generation of
Successors differed on a point,
they naturally referred to the views
& practices of the Companions
and the Successors.
11/21/09
Essential Requirements
(Arkan) of Ijma’
1. That there are a number of
Mujtahidun available at the time
when the issue is encountered.
2. According to the majority of
ulema, unanimity is a
prerequisite of Ijma’.
11/21/09
Essential Requirements
(Arkan) of Ijma’
3. The agreement of the Mujtahidun
must be demonstrated by their
expressed opinion on a
particular issue.
4. Ijma’ consists of the agreement
of all the Mujtahidun and not a
mere majority among them.
11/21/09
Proof (Hujjiyyah) of Ijma’
1) Ijma’ in the Quran:
(a) 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’- this
ayah also lends support to the
infallibility of Ijma’.
11/21/09
(b) al-Nisa’(4:83)- once again

confirms the authority of the ulu al-
amr next to the Prophet himself.
11/21/09
(c) al-Nisa’ (4:11)- ‘the way of the
believers’ in this ayah refers to
their ‘agreement and the way that
they have chosen’, in other words,
to their consensus.
11/21/09
d) Ali-Imran: 110- testifies some of
the excellent qualities of the
Muslim community.- enjoin al-
Ma’ruf and forbid al-Munkar.
11/21/09
• The Sunnah on Ijma’:
(a) ‘My community shall never
agree on an error’.-the infallibility
of the community and its immunity
from error.
(b) ‘God will not let my community
agree upon an error’.
11/21/09
(c) ‘Whatever the Muslims deem
to be good is good in the eyes of
God’.
(d) ‘I beseeched Almighty God not
to bring my community to the point
of agreeing on dalalah and He
granted me this’.
11/21/09
Types of Ijma’
1) Explicit Ijma’ (al-ijma’ al-sarih)
in which every mujtahid expresses
his opinion either verbally or by an
actions; definitive and binding.
11/21/09
Types of Ijma’
2) Tacit Ijma’ (al-ijma’ al-sukuti)
whereby some of the Mujtahidun
of a particular age give an
expressed opinion concerning an
incident while the rest remain
silent; presumptive ijma’ which
only creates a probability.
11/21/09
Thank you very
much for your
attention
11/21/09

Lecture Notes 5 - Usul Fiqh

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GT20302

11/21/09 Copyright Reserved@2008_Mohd Zulkifli Muhammad 1

• Definition of Ijma’: the unanimous

• Some ulema have confined ijma’

(b) al-Nisa’(4:83)- once again

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