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THE CITY SCHOOL

CLASS: 10 N
SUBJECT: ISLAMIYAT 2058
DATE: 13/04/2020
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Ijma
Developed by Fakhera Khaliq
Elicitation:
Q: What is the primary and secondary source of
Islamic law?
 
Q: What is the relationship between two primary
sources(Quran and Hadith)?
IJMA(CONSENSUS)

• Legal meaning: Rule


• Literal meaning : governing the Sharia which
Comes from Jamun is outcome of the consensus
of Muslim jurists on a
or Jamat meaning particular question with in
unanimous the limits laid down by the
agreement. Quran and the Sunnah.
QURANIC VERSES IN SUPPORT OF IJMA (CONSENSUS)
• One of the Qualities of the believers as
described by the Holy Quran is ….who
(conduct) their affairs by mutual consultation
(Al Shura:38).
• Quran instructs the Holy Prophet ….and consult
them in affairs(of moment) (Al-e-Imran:159).
• LObey God and obey the Holy Prophet (s.a.w)
and those amongst you who have
authority”(Al Nisa :59).
• L“O ye who believe! Obey Allah and obey the
Messenger and those charged with authority
among you.
HADITH IN SUPPORT OF IJMA

• Prophet (P.B.U.H) said : If any thing comes to you for


decision , decide according to the book of Allah, then
look to the Sunnah of the Prophet. If any thing
comes to you which is not in the Sunnah of the
Prophet , then look to what people unanimously
agree upon. (Abu Daud).
• Gather together the righteous from among my
community and decide the matter by their council
and do not decide it by any man’s opinion .
(Abu Daud)
• My nation will not unite in error.
(Mishkat)
Examples of Ijma

1. Consultation of Holy Prophet with his


companions about the best way to meet the
enemy

2. Selection of first Khalifa with Ijma

3. Compilation of the Holy Quran

4. Second Azan of Friday Prayer


Conditions for the Authenticity of Ijma
1. Only Muslim jurists are authorized to do Ijma on delicate and complex
Shariah issues

2. The jurists who participate in Ijma must be true believers, pious, righteous
and God fearing.

3. Ijma is only effective when the Holy Quran and the Sunnah are silent on
any Shariah issue.

4. Law of Ijma should not contradict the law of Holy Quran or Sunnah of the
Holy prophet.

5. The disagreement of a single jurist can also bar the establishment of Ijma
provided that he brings solid argument to support his point of view.
Types of Ijma

1-Eplicit(Ijma-e-Qowli):it is that Ijma in which all those who are


worthy of doing Ijma, agree unanimously upon a ruling by way of
speech

2-Ijma-e-Amali:It is that Ijma in which all those who are worthy of


doing Ijma agree unanimously upon a ruling by way of action

3-Silent(Ijma –e Sukooti):If an opinion is expressed by some and their


contemporaries, after learning about it, have made no comments either in
favor or against, then we have what is known as silent ijma'
Levels of Ijma
1-The strongest and highest stage of Ijma is
that which was agreed by the
companions(First Islamic community)

2-The second level is the Ijma–e-sukooti


(Silence) of the companions

3-The third level is that ijma which was reached by


expert scholars of an era after the
Companions(followers of the Companions)
Importance of Ijma
• The commandments which stand proved by revelation are
not many but the incidents that occur in day to day life are
innumerable. The answers are to be determined by the
Quran and Sunnah, otherwise the perfection of religion
could be questioned. The need to form an Islamic society
capable of taking unified action when the need for such an
action arises.
• The Quranic text: " This day have I perfected your
religion for you (5:3) lays down that Allah has completed
the religion of Islam, that it will last till the day of
Judgement.
The Qur’an and Hadith may not contain answers to questions
asked a long period after the revelation and so people come
up with their own different answers by qiyas (analogy) or by
other approaches.
This is where the role of Ijma is of utmost importance,
since today we’re living in a world 1,500 years away from the
time of Prophet ‫ﷺ‬, and due to natural evolution and
technological advancements we’re faced with various
questions every day that need to be answered in the light of
Islamic knowledge, and often a need is felt by Muslims for a
collective, united, action and in such cases, differences in
views can be crippling.
• Ijma ensures that by having conclusions unanimously
reached by all, not only the Muslims are saved from
confusions but also that religious matters are not a source
of creating a divide among the Ummah.

• In today’s world, where the Ummah is already disintegrating


based on the most minor of differences, the role that Ijma
can play should not be underestimated.

• Ordinary Muslims now are not well versed enough in the


Qur’an and Sunnah. Discussion of Jurists allow them to
continue following the principles of Islam.

• Ijma as a democratic principle in Islam.


Reading session

Read the topic of Ijma from your textbook and Highlight these points.
 

1. Definition (Literal and Legal meaning)

2. Quran and Prophet’s Hadith regarding use of Ijma

3. Four Examples of Ijma

4. Conditions for the authenticity of Ijma

5. Importance of Ijma
Writing Session

(Q) What is the importance of consensus (Ijma)


in Islam? [4]
Key point
• Do not describe what Ijma is but focus the answer on
the need for importance of consensus of scholars.
Questions for practice
1.How is the use of ijma’ (consensus) important to Muslims today? [4]
October/November 2012

2-How easy is it to use ijma in Islamic legal thinking today? [4]


October/November 2012(Paper 2)

3-‘My community will never agree upon an error’. In your opinion why is this
Hadith important for the practice of consensus (ijma)? [4] October/November
2013(Paper 2)

4-How important is the use of ijma’ or qiyas in Islamic law in present day
situations? Give reasons for your answers. [4] October/November 2014(11)

5-Do you think that both ijma’ and qiyas are equally important for solving
present day issues? Give reasons for your answer. [4] May/June 2016 2058 (12)
Qiyas
 Definition
 • Literal meaning:
 1)measurement i.e. measuring something with another e.g.
Measuring the cloth with cubic.
 2) Comparison i.e. comparing something with another.
 3) Equation
 • Technical meaning: “Applying a case whose rule is not found by the
text to a case whose rule is found in the text on account of equation
of both cases in respect of effective cause of the rule.” “Equating a
case, whose rule is not mentioned explicitly in the text, with a case
whose rule is mentioned, on the basis of the equality between
effective causes found in the two cases.”
Essential elements of Qiyas

• Original case (asl)


• Legal ruling of original case (hukm al-asl)
• New or parallel case (far’)
• Effective cause (‘illah)
Examples of Qiyas

 New Cases- Fa’r (Drugs, Few cases Smoking)


 Effective Cause- Illah(Intoxication) Arabic
term: Khamr
 Original Case Legal Ruling of Original Case-
Asl (Alcohol) (Prohibition) (al-
Ma’idah(5):90)
Justification of Qiyas as a source of
Islamic law
 • The majority of Muslim jurists are of the view that Qiyas is a source of Islamic law. It
is relied upon in deriving legal rules.
 • Muslims are obliged to follow the legal ruling which is validly derived from qiyas.
 The justification of Qiyas as a source of Islamic law is established by the Qur’an and
Sunnah.
 The Qur’an “ O ye who believe! Obey Allah and Obey the Messenger and those charged
with authority among you. If ye differ in anything among yourselves, refer it to Allah
and His Messenger…” (al-Nisa’(4):59)
 The argument is that Allah has commanded after that (i.e. after obeying Allah, His
Messenger and those in authority) to refer the disputed matters to Him and His
Messenger.
 • Referring the disputes to Allah and His Messenger signify referring them to the Qur’an
and Sunnah. That will be by means of drawing conclusion from them by analogy.
 • This is because analogy means referring the new case to the original case and applying
to it its rule. In other words, referring the disputed case i.e. a case for which no rule
has been provided in the text to a case for which a rule has been provided in the text.
 The Sunnah:
 There are many cases in which the Messenger of Allah (peace be upon
him) in response to queries of the Companions tried to give answers in
a form that was supposed to train them in legal thinking and in many
such cases the method is quite similar to analogy
 For example, • “A woman came to the Messenger of Allah (peace be
upon him) requesting him to give her legal opinion (fatwa). She said:
Messenger of Allah my father has died and performance of hajj was
due to him. May I perform the hajj on his behalf? Allah’s Messenger
said: Tell me if your father owed a debt and you paid it, would that
benefit him? She replied: yes. The Messenger of Allah (peace be upon
him) said: Perform the hajj on his behalf, the debt due to Allah
deserves most to be paid.” (It is reported by al-Bukhari and al-Nasa’i)

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