IJMA (Consensus) as a Source of Islamic Law [Secondary]

Q2 a) How do scholars/Muslims use ijma in Islamic legal thinking/Source of guidance? [10]

INTRODUCTION/ DEFINITION:

In the Arabic language, Ijma' means 'Azm or determination. It can also mean Ittifaq or
agreement.
Ijma is defined as “Agreement of the Muslim jurists in a particular age on a question of law”.
It is the 3rd source and a secondary source (manmade). In legal terminology Ijma means
consensus of the learned in Islamic jurisprudence. It also can be defined as a unanimous
agreement/ consensus of the entire Muslim community of group of Muslims over a point of law
untouched by the Quran or Hadith.

CONDITION OF IJMA:

Ijma’ is the third source and can be referred to only if there is no clear teaching on the matter
being looked into in the primary sources. It should also never contradict the Qur’an and
Hadith.
•they must bring evidence from the Qur’an and Sunnah to substantiate their point;
•the legal issue being discussed must not have a precedent in either the Qur’an or Sunna nor
should it contradict the primary sources;
•ijma’ can only take place when the jurists unanimously agree on the issue;
•decisions made by the practice of ijma’ can be made null and void by the ijma’ of jurists of
another age of equal stature.

IMPORTANCE OF IJMA:
Ijma extends primary sources, makes Islam a dynamic and not a static faith. It allows Muslims
to fashion lives according to the modern ways of life. It provides democratic ways of making
laws, reduces differences between the Muslim Ummah within Muslim through unanimous
agreements.
APPROVAL (QURAN & HADITH? Sunnah):
The Quran says "You are the best of the people evolved for the mankind enjoining what is right
and forbidden what is evil” (Al-Imran 3:110). Amongst you refers to scholars that the unanimous
decision of the scholars in Ijma is binding upon the Muslims.
The Holy Prophet (SAWW) also encouraged the use of Ijma and referred to the importance of
following the community, when he said, "My community will never unanimously agree upon
an error."
Opinions on who can practice ijma’:
There are different opinions on who make up this group of Muslims whose ijma’ should be
followed.
 One view is that it comprises of the Companions of the Prophet (pbuh),
 whilst another view is that the residents of Madina form this group,
 Whilst yet another view is that the Rightly Guided Caliphs form this group had the
authority to call for ijma’.
 Shi’a Muslims say that the right of ijma’ belongs to the Prophet’s descendants only.
 Another view is that ijma’ can be practised by legal scholars of any generation.
 It could be said that the entire Muslim umma has the right to practise ijma’ but as the
community is so widespread and large this is not possible.
Who is qualified to practice Ijma:
 The one who must have enough knowledge of Arabic so that the scholar can read and
understand both the Qur'an and the Sunnah.
 Also extensive comprehensive knowledge of the Qur'an and the Sunnah. More
specifically, the scholar must have a full understanding of the Qur'an's legal contents. In
regards to the Sunnah the scholar must understand the specific texts that refer to law.
 Must be able to confirm the consensus (Ijma) of the Companions, the Successors, and
the leading Imams and mujtahideen of the past, in order to prevent making decisions
that disregard these honored decisions made in the past.
 Should be able to fully understand the objectives of the sharia and be dedicated to the
protection of the Five Principles of Islam, which are life, religion, intellect, lineage, and
property.[citation needed]
 Be able to distinguish strength and weakness in reasoning, or in other words exercise
logic.
 Must be sincere and a good person(Practicing Muslim)
 Recommended Memorizer of the Quran
 Phd or equivalent studies in religion

.TYPES OF IJMA:
ljma is of two kinds: the first is the general agreement of all Muslims in matters of belief, for
example, that the Qur'an is a revealed book and Prophet Muhammad is the Seal of Prophets.
This Ijma is the acknowledgement of the beliefs that characterise Islam and are shared by all
Muslims. The second one is related to legal matters and can be defined as an agreement
among a group of Muslims about an issue on which the Qur’an and Sunna have not given a
final word.
The second type of Ijma is related to every era and time. It can also be categorised into two
types
1- Ijma –e- Qowli: It is that Ijmah in which all those who are worthy of doing Ijmah,agree
unanimously upon a ruling by way of speech.
2- Ijmah-e- Amali: It is that Ijmah in which all those who are worthy of doing Ijmah,agree
unanimously upon a ruling by way of actions.
3- Imah-e- Sakooti: It is that Ijmah in which some of the scholars agree on a certain ruling
by way of action or speech and this ruling became well known to all the other
scholars.However After having the opportunity to reflectu[on the ruling, they opt for
silence and hence do not oppose the ruling.

Relation of Ijma with Quran (Ijma in accordance with Quran):

a. Examples From Quran:

The Quran says "Prohibited to you in marriage are your mothers, daughters, sisters,
father's sisters, mother sisters, brother daughters, sister's daughters, foster mother, foster sisters
and your wife's mothers". Hence Quran enumerates those where those who are prohibited but
not grandmother or granddaughter. Through Ijma, grandma and granddaughter have also
been added to this list because they have the same sanctity of relation which is of those who
have been alluded in the verse. The Quran also says "It is prescribed when the death
approaches any of you and he leaves goods he should make a bequest to parents and next
of kin". According to this verse, if one descends is left with property it should be distributed to
his parents and near relatives. As per this verse scholars decided if a father dies before his son
and the son also dies then the grandpa can have the property share of the deceased
grandson, along with other relatives as he takes the place of the father.

Examples of Ijma From Sunnah and Rightly guided Caliphs:

 Prophet PBUH practiced Ijma during the battle of Uhud and Trench.
 The Compilation of the Quran, 633 AD. When all companions agreed that Quran should
to collected in a single Book, after the battle of Yamama during Abu Bakr's caliphate.

 In 2nd year of Hijra Azan was introduced and Hazrat Bilal (RA)was appointed as a
Muazzin. Single Azan was introduced by the prophet, and this tradition continued by
the first two Caliphs. Reports of many Muslims missing the Friday prayer in the noise of
market activity, due to prosperity among Muslims. An additional azan for the Friday
prayer was been introduced by Caliph Uthman consulted the community and it was
agreed that an additional Azan should be delivered.
 The Holy Prophet described that the funeral prayers should be offered for the dead
ones, it was also explained the funeral prayer of miscarriage fetus should be offered. If
in a miscarried fetus life is established by its movement, a funeral prayer should be
offered for it. It tells that on observing life signs (heartbeat etc.) funeral of miscarried
fetus is to be offered, but it does not specify what if life signs were not found. By
consensus of scholars, it was agreed upon that if life sings were not found in a miscarried
fetus then its funeral would not be offered and it would be simply buried by wrapping in

Qiyas (Analogy) as a Source of Islamic Law [Secondary]

Q2 a) How do Muslims use qiyas in Islamic legal thinking? [10]
MARKSCHEME:

 Introduction.
 Meaning/Definition.
 Condition.
 Importance.
 Approval (Quran & Hadith).
 Elements.
 Examples
o Examples From Quran
o Examples From Hadith (Practiced By Companions)
o Examples From Modern Days
INTRODUCTION:
Qiyas is the 4th source and a secondary source, one man's opinion.
MEANING/DEFINITION:
Literal meaning measuring by comparing with some set standard. In Islamic Shariah; ability of
an individual legal expert to reach a decision by comparing a new situation (Far) with the
principles contained in the Quran & Sunnah (Asl). It is the comparison between 2 situations: a
situation mentioned in the primary sources is compared with a similar new situation where no
law exists and is required. Law is derived from a common cause.
CONDITION:

It is applicable when primary sources and Ijma are silent Law made through Qiyas cannot defy
primary sources.
IMPORTANCE:

Qiyas allows Muslims to make laws with the changing world and in this way makes Islam a
modern and dynamic religion.
APPROVAL:

"O ye who believe! Obey Allah and obey his messenger and those charges with authority
amongst you and if you differ in anything then refer it to Allah and his messenger if you believe
in Allah and the Last Day." "If you differ in anything amongst yourself then refer it to Allah and
his messenger" means that if you find something different refer to Allah, hence Quran should
be consulted and his messenger, hence, the hadith of Prophet should be consulted to decide
and make the law. When the Holy Prophet appointed Muaz bin Jabal (RA) as ruler and judge
of Yemen, he asked him "According to what will you judge". He stated "According to the
Quran.”The Holy Prophet inquired: "if you find nothing therein?" He stated "According to (your)
hadith". The Holy Prophet said: "If you find nothing therein?" He stated: "He replied "then I will
exert myself to form my own opinion"." The PROPHET MUHAMMAD SAWW then appreciated
this, which proves that the PROPHET MUHAMMAD SAWW approved or qiyas (personal
judgement).
PERSONAL/ONE MAN OPINION:

At the treaty of Hudaibiya, its scribe Ali wrote the Holy Prophet's name as Muhammad the
Messenger of Allah upon incidence of Sohail bin Amr, the Prophet asked Ali to change his
named to Muhammad bin Abdullah. Ali did not want to do it out of respect of Prophet. The
Prophet made no objection to this, which states that the Prophet approved of qiyas (one-man
decision).

"Marry women of your choice 2, 3 or 4 but if you fear you won't be able to do justice, then
only one". This shows that the qiyas is one's personal decision/judgment whether he will be
able to carry out justice or not.
ELEMENTS:
Asl (the old situation/ root, mentioned in primary sources).
Far (branches: new situation for which law is required).

Illat (cause: the common reason between Asl and Far).

Hukam (the law/order derived from Asl and applied on Far due to illat).
EXAMPLES FROM QURAN:

1) "O you who believe! When the call is proclaimed to prayer on Friday, hasten to the
remembrance of Gob and leave off business..."(62:9)
Asl (fundamental lawOriganl case): setting aside business on Friday for the prayer.
Far: (new case) what about other (non-business) transactions? (Marriage and sports activities
etc.)
Illah: (common reason) all transactions (business & non-business) tend to distract believers
from remembrance of God.
Hukam (rule) All transactions to be set aside for the Friday prayer.

2) "And if you find no water, then take for yourselves clean sand and with it rub your hands"
(4:43)
Asl: permissibility of using clean sand to attain purity (by Tayammum instead of Wudu)
Far: can other impurities on body/ clothes be removed by clean sand, when no water
available?
Illah: water is better but sand has similar properties to rub off dirt/ pollution.
Hukam: clean sand to be used (in emergencies only) to remove impurity.

3) "O you who believe! intoxicants and gambling, sacrificing to stones and arrows are an
abomination of Satan handwork: shun them so that you may prosper" (5:90)
Asl: declaring khamr (intoxicant) as forbidden for Muslims. The prophet also stated all
intoxicants were khamr.
Far: new forms of drinks with intoxicating properties, regardless of way of manufacture
(heroine, , opium, cocaine, opioids etc.)
Illah: ability of such drinks to intoxicate
Hukam: all such drinks are khamr because they intoxicate. (Prohibited)
By analogy, all modern intoxicants like heroin, opium, cocaine etc. are also forbidden (Hukam)
because, like Khamr they also cause intoxication (Illat).
EXAMPLES FROM HADITH (PRACTICED BY COMPANIONS):
1) The Holy Prophet (PBUH) appointed Abu Bakr as leader of prayer and pilgrimage (Asl).

After the Prophet's demise, Muslim Umma needed leader (Far):

Abu Bakar's leadership qualities were approved by the Holy Prophet (Illah): one who leads the
prayers can lead the community in general.
Therefore, they appointed Hazrat Abu Bakr as the first Caliph (Hukam)

2) Punishment for drinking: Umar was advised by Ali to double the penalty (80, instead of 40
stripes) for drinking, as the Quran prescribes 80 lashed for slander "And those who launch
a charge against innocent women and do not produce four witnesses, lash them with
 3) eighty stripes" (24:4), An intoxicated person may level charge against innocent women,
so he should receive the same punishment as for slander.
EXAMPLES FROM MODERN DAYS:
1) The Holy Prophet stopped Muslims to enter the Mosque after eating onion or garlic (Asl)
to enter mosques after smoking (Far)
due to the bad smell (Illah)
By analogy, Muslims are also forbidden (Hukam) to enter mosque after smoking

2) Dried flour on Ayesha's nails: her wudu was invalid. In modern time, wudu of a woman
would be invalid with nail polish on nails.

(b). WEAK SOURCE OF SHARIA:

The first two sources of the Sharia are divine in nature and unalterable. Ijma has the strength
of scholars and the entire Umma and has less chances of committing an error. But these
facilities are not available in qiyas as it is one man's opinion and hence is weak for one's a view
can be with in errors/ liable to make mistakes. Since it is one man's opinion, he can commit an
error while deriving the common cause. Similarly, others may be deriving different common
causes of the same point of law, this will create rift within the Muslim Umma, due to different
laws circulating in the society on the same common cause/ same point.

Q2 a) How do Muslim use the Quran and the Hadith together in Islamic legal thinking?
(Relationship between Quran and Hadith) [10]
MARKSCHEME:
 Introduction of Quran.
 Importance of Quran.
 Introduction of Hadith.
 Importance of Hadith.
 Approval of Hadith linking with Quran.
 Example of Quranic law explained by Hadith (6).

Q2 a) How do Muslim use the Quran and the Ijma together in Islamic legal thinking?
(Relationship between Quran and Ijma) [10]
MARKSCHEME:
 Introduction of Holy Quran:
 Importance of Holy Quran
 Introduction of Ijma
 Definition of Ijma
  Condition of Ijma
 Approval of lima by Quran
 At least two examples of Ijma based on Quranic teaching
Q2 a) How do Muslims use the Holy Quran and Qiyas together in Islamic legal thinking? [10]
MARKSCHEME:
 Introduction of Quran.
 Importance of Quran.
 Introduction of Qiyas.
 Definition of Qiyas.
 Conditions of qiyas with reference to Quran.
 Approval of Qiyas by Quran.
 Elements
 Examples of Qiyas from Quran (3) mention elements.

Q2 a) How do Muslims use the Holy Quran and the minor secondary sources together in Islamic
legal thinking? [10]
MARKSCHEME:

Quran Ijma Qiyas

 Introduction and  Introduction and  Introduction and
definition definition definition
 Importance  Conditions  Conditions
regarding Quran regarding Quran
 Approval of  Approval by
Quran Quran
 2 examples of  Elements
ijma-Quran  2 examples of
 Prohibited if is qiyas-Quran
prescribed to...  Friday prayer
 khamr
Q2 a) How is the Holy Quran related to other sources of Islamic Law? [10]
MARKSCHEME:
QURAN
 Introduction of Quran.
 Importance of Quran.
HADITH
 Introduction of Hadith.
 Definition of Hadith.
 Brief Importance of Hadith [Imam Shafi, Aisha (RA)]
 Approval of Hadith by Quran.
 Examples (2-3).
IJMA
 Introduction of Ijma.
 Definition of Ijma.
 Conditions.
 Approval of ljma by Quran.
 Examples 1/2.
QIYAS
 Introduction of Qiyas.
 Definition of Qiyas.
 Conditions.
 Approval by Quran.
 Elements.
 Examples 2/3.
Q2 a) How do Muslims use the Hadith and the Ijma together in Islamic legal thinking? [10]
MARKSCHEME:
HADITH
 Introduction of Hadith.
 Definition of Hadith (Brief)
 Importance of Hadith.
IJMA
 Introduction of Ijma.
 Definition of Ijma.
 Condition of Ijma by Hadith
 Approval of lima by Hadith
 Example of ijma in the time of Holy Prophet (3 Example)
 Two examples of lima with Hadith (intoxicant, Hazrat Abu Bakar as a caliph)

Q2 a) How do Muslims use the Hadith and the Qiyas together in Islamic legal thinking? [10]
MARKSCHEME:
HADITH
 Introduction of Hadith.
 Definition of Hadith.
 (Brief) Importance of Hadith.
QIYAS
 Introduction of Qiyas.
 Definition of Qiyas.
 Condition of Qiyas.
 Approval of Qiyas by Hadith (Muaz Bin Jabar).
 Elements of Qiyas.
 Examples (3) (Friday) with Hadith.
Q2 a) How do Muslims use the Hadith and the minor source together in Islamic legal thinking?
[10]
MARKSCHEME:

Hadith Ijma Qiyas

 Introduction  Introduction  Introduction
 Definition  Definition  Definition
 Brief importance  Conditions  Conditions
 Approval of  Approval of
hadith hadith
 2 examples of  Elements
hadith-ijma  2 examples of
hadith-qiyas

Q2 a) How is the Holy Quran related to other sources of Islamic Law? [10]
MARKSCHEME:
QURAN
 Introduction of Quran.
 Importance of Quran.
HADITH
 Introduction of Hadith.
 Definition of Hadith.
 Brief Importance of Hadith
 Approval of Hadith by Quran.
 Examples (2).
IJMA
 Introduction of Ijma.
 Definition of Ijma.
 Conditions.
 Approval of ljma by Quran.
 Examples (2)
QIYAS
 Introduction of Qiyas.
  Definition of Qiyas.
 Conditions.
 Approval by Quran.
 Elements.
 Examples (2)

Q (b) Explain the importance of Ijma (consensus)?(4)

ljma is important in different ways. Benefits of Ijma (consensus)

Firstly, it is important to find clarification of the matter mentioned indirectly in Quran or hadith.
If any ruling based on Quran and Sunnah is not absolute then Ijma will render such a ruling as
absolute and final. Here where after no legal expert will have any scope to differ therewith.

Secondly, Ijma maintains the unity of Muslims in Islamic legal code: When the ruling is decided
by the consensus of the entire Muslim Community, the whole community follow the same ruling
without differing therefore it leads Muslims towards harmony and uniformity.

Lastly, it also benefits the future generations. If a decision has been taken unanimously by one
generation of Muslims that decision will exist forever and the following generations do not get
the right of cancelling the consensus of previous generation. So in this way the future
generations do not have to do the labor of doing consensus on the matters already decided
unanimously by past generations. The following generations simply receive the ruling and
follow it.

Like the matter of two Adhan (Proclamations) which was decided by the Muslim community
during de caliphate of Hazrat Uthman Since then the ruling has been followed as it was
decided, no changes, editions or abrogation are made on this decision.

b) Why is qiyas seen as a weak/ unreliable/ trustworthy source of law? (4)

b) In what circumstances are Muslims allowed to perform qiyas? (4)
b) Why is Qiyas an important source of Islamic Law? (4)
Note: if (a) part is about Qiyas, Introduction/ Definition/ Importance are not required to write
again in (b) part.
MARKSCHEME:
 Introduction.
 Definition.
 Importance
 (Extend the primary sources as it is in line with them and does not defy them.)
  Any example (wine, Friday)
 Dynamic faith as Muslims can fashion lives according to the modern world.
 Approval by Quran and Hadith, (important and not important).

b) How important is Qiyas in Islamic legal thinking? (4)

Note: if (a) part is about Qiyas, Introduction/ Definition/ Importance are not required to write
again (b) part.
MARKSCHEME

Important Not Important

Introduction Importance of other sources
Definition Weak qiyas
Importance
 Extends primary source
 Any example
 Dynamic faith

a) 'My community will never agree upon an error’. The Prophet’s Hadith encourages the use of
consensus of opinion (ijma’). Outline:
• what consensus of opinion (ijma’) is, and how many kinds of ijma’ there are;
• who is qualified to practise it;
• give examples of how the Prophet and the Rightly Guided Caliphs practised ijma’. [10]
MARKSCHEME:
 Introduction.
 Definition.
 Conditions.
 Importance
 Approval (Quran & Hadith).
 Types.
 Who can be a jurist?
 Examples
 Ijma in the time of the companions
 Ijma in the time of Prophet Muhammad SAWW
b) How easy is it to use ljma in Islamic Legal thinking today? (4)
Note: if (a) part is about Qiyas, Introduction/ Definition/ Importance are not required to write
again in (b) part.
MARKSCHEME:
 Introduction
 Definition
EASY
 Unanimous agreement of all Umma/ Muslims
 Unanimous agreement of all scholars
 Ijma is done mostly on non-religious issues (Airplanes, phones)
 Don't have a sectarian barrier
 On secular issues without doubt acceptances
DIFFICULT
 Difficult to decide and gather Umma
 Ijma by a group of scholar’s not easy (Shia and Sunni beliefs).