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]

MARKSCHEME:
1. Introduction/Definition.
2. Condition of Ijma
3. Importance of Ijma
4. Approval (Quran & Hadith).
5. Types of Ijma
6. Who can be a jurist?
7. Ijma of the General body of Muslims community
8. Examples
a) Ijma from Quran
b) Ijma from Hadith (used by companions)
c) IJMA OF THE IMAMS
d) IJMA OF THE SCHOLORS (Modern days Ijma)
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):

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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).
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."

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.

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

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 .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 of the Jurists’(International level)
2- Ijma of Local Muslim Scholars (National or Local)

Ijma of the Jurists:

There are problems that are purely of religious nature and require the consent of universal
community; in order to reach consensus there can be discussions on the international level in a
meeting of scholars who represent different Muslim countries which will be regarded as permanent
(when confirmed by the Muslim community).
Examples:
It is forbidden to play the role of the Prophet (blessings and peace of Allah be upon him) or other
Prophets and Messengers of Allah (blessings and peace of Allah be upon them) in movies and TV
shows.
Organ Transplant
Blood transfusion
IVF
Hajj Quota
Marriage on Telephone (online)
.IJMA OF THE GENERAL BODY OF MUSLIMS COMMUNITY:
Some problems relate to a local situation in a Muslim country; in order to reach consensus there can
be discussions by the scholars locally, this consensus will be of a temporary nature and can be
confirmed or rejected in course of time by the will of the local community
For e.g., Time for Salat-Ul-Eid may be fixed by local community though it must be within
the time range specified by the Holy Prophet PBUH. This form of lima is not binding on all the
Muslims and is changeable according to local conditions.

Prohibition of Eating Meat in India

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

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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.

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

Examples From Hadith:

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 a coffin.

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 are silent (and Ijma). Law made through qiyas cannot
defy primary sources.

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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 law): setting aside business on Friday for the prayer.
Far: what about other (non-business) transactions? (Marriage and sports activities etc.)
Illah: all transactions (business & non-business) tend to distract believers from remembrance
of God.
Hukam: All transactions to be set aside for the Friday prayer.

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 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, hash 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 chaste women and do not produce four witnesses, flog
them with eighty stripes" (24:4), An intoxicated person may level charge against
chaste 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.

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(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

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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.

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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)

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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.

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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 cod:. 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.

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 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.

Q2 b) Why is qiyas seen as a weak/ unreliable/ trustworthy source of law? (4)

Q2 b) In what circumstances are Muslims allowed to perform qiyas? (4)

Q2 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).

Q2 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

Q2 a) 'My community will never agree upon an error’. The Prophet’s Hadith encourages
the use of consensus of opinion (ijma’). Outline:

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• 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’.
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

Q2 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 scholars not easy (Shia and Sunni beliefs).

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