بســم
اللــه الرحمــن الرحيــم
والصلاــة
والسلاــم علــى نبيــه الكريــم
وعلــى
اهــل بيتــه الطيبيــن الطاهريــن المظلوميــن
والعاقبة
للمتقين
As
mentioned in the previous entry, there are four sources of Shari’a or
Islamic law with Ahl us-Sunnati wal-Jama’a, the third of which is Ijma
(consensus). However, a distinction needs to be made between the first two
sources (Quran and Sunna), which are the primary sources, and the second two,
Ijma and Ijtihad, which are the secondary sources. The Quran and Sunna are two
independent sources, though the Quran is given priority over isolated
narrations of Hadith where the two may possibly clash. Ijma, along with
Ijtihad, are not independent sources of Islamic law, but in fact derive their
authority from the primary sources of Quran and Sunna. Hence, the authority of Ijma
is not absolute or independent, but rather a means of manifesting a correct
understanding of a text of the Quran or something from the Sunna. It is in fact
from certain Hadith that the validity of Ijma has been delegated and derived:
إِنَّ اللَّهَ لاَ يَجْمَعُ أُمَّتِي -عَلَى
ضَلاَلَةٍ وَيَدُ اللَّهِ مَعَ الْجَمَاعَةِ
“Verily,
Allah shall not gather my Umma upon an error, and the Hand of Allah is with the
Jama’a.” (Jami al-Tirmidhi #2167)
وَأَنْ لاَ يَظْهَرَ أَهْلُ الْبَاطِلِ
عَلَى أَهْلِ الْحَقِّ وَأَنْ لاَ تَجْتَمِعُوا عَلَى ضَلاَلَةٍ
“The
people of falsehood will never prevail over the people of truth, and neither
shall you all be gathered upon an error.” (Sunan Abi Dawud #4253)
However,
these narrations are not without criticism with regard to their authenticity. More
importantly, the definition and reality of Ijma or concensus is hotly contested
among the “orthodox” scholars themselves. The apparent wording of the
narrations which provide a basis for Ijma as a legal concept in the principles
of Islamic jurisprudence speak of the complete concensus of the entire Umma of
the Prophet Muhammad (sall Allahu alayhi wasallam) without restriction of time.
There is no specification of this concensus referring to the concensus of
scholars or the academic community only, or the concensus of the Prophet’s
companions only. Taking these facts into consideration, it has to be concluded
that although Ijma is acknowledged as the third source of Islamic law, this is
merely theoretical, because in practice it doesn’t seem possible how to
determine what is and what isn’t an example of concensus. As I have made clear,
the function of concensus is only to reinforce or manifest something that is
already present in the texts of Quran and Sunna. Concensus cannot be used to
manufacture or legislate any law or doctrine that is independent of or does not
already have a basis in the primary sources of Quran and Sunna. Practically speaking,
it can be said that the function of Ijma then appears to be to only reinforce
the most fundamental laws and beliefs in Islam, known by necessity, which are
already firmly entrenched in the primary sources. For example, the concensus of
the Muslim Umma that there are five mandatory prayers (Fajr, Zuhr, Asr, Maghrib
and Isha), that pork and hard drink are forbidden, and the like of very basic
rulings that are known by necessity. Those extremely isolated and deviant groups, such as the Ghulat and Zanadiqa, can be said to be deviated and even disbelievers on the basis of their breaching of the consensus of the Muslim Umma on these very basic rulings and teachings of Islam. If there are any authentic narrations of
Hadith from which the concept of Ijma can be derived as a legal principle, it
should be kept in mind that the primary objective of such narrations are not to
give us a legal principle but to give the Umma glad tidings that it cannot ever
go astray in totality, and Allah knows best.
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