Compiled by Abul Layth
Ijmaa’, or scholarly consensus, is a principle of Islamic law. A fundamental proof used in Islamic legal discourse. It is considered a secondary principle because it is based on the primary proofs, the Qur’an and Sunnah. The following is some simple research I have done in support of the usage of Ijma’ as a proof in Islamic legal debate.
Proof from the Qur’an:
وَمَن يُشَاقِقِ الرَّسُولَ مِن بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءتْ مَصِيراً
“And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers – We will give him what he has taken and drive him into Hell, and evil it is as a destination.”
Imām Al-Baydhawi states in his tafsir in explanation of “other than the way of the believers”: [Meaning] ‘Other than what they are upon in I’tiqaad (belief) and action.’ Imam Ash-Shawkani states in his Fat-hul-Qadir, “Meaning: Other than their path, and that is what they are upon regarding the religion of Islam, and what they have taken hold regarding its legal rulings (ahkām).” Imam An-Nisfi (710 A.H) said in his tafsir regarding this part of the verse,
“Meaning: the path that they are upon of the religion that is monotheistic (hanīfī), and this is proof that Ijma’ is a proof, that it is not permitted to contradict it, just as it is not permitted to contradict the Book and the Sunnah, due to the fact that Allah ta’alā is combining the following of other than the way of the believers with opposition to the Messenger as the condition, and Allah made the reward (or consequence in this case) a promise that is severe, so following them [the way of the believers] is wajib (obligatory), just as it is with the Messenger” (تفسير مدارك التنزيل وحقائق التأويل).
Another Qur’anic proof used by the ‘Ulama’ for Ijma’ is,
يَا أَيُّهَا الَّذِينَ آمَنُواْ أَطِيعُواْ اللّهَ وَأَطِيعُواْ الرَّسُولَ وَأُوْلِي الأَمْرِ مِنكُمْ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلا
“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, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination.”
The words, ‘…and those charged with authority among you…’ is the part of this verse used by the scholars to determine obedience to the ‘Ulama’ and hence ijma’. Imam Al-Baghawi (516 A.H) said regarding this, “Ibn ‘Abbas and Jābir (radhiya allāhu ‘anhum) said: They are the Fuqaha’ (jurists) and ‘Ulamā’ (scholars), those who teach the people their religion.’ This is also the explanation of Al-Hasan Al-Basri, Ad-Dahhak, and Mujāhid [ibn Jabr]. Their proof is what Allah says in the Qur’an: “When there comes to them some matter touching (Public) safety or fear, they divulge it. If they had only referred it to the Messenger, or to those charged with authority among them, the proper investigators would have tested it from them (direct). Were it not for the Grace and Mercy of Allah unto you, all but a few of you would have fallen into the clutches of Satan” (4:83). The majority of exegetes argue that the scholars are those in authority, and thus their consensus is necessary to cling to.
The proof from the Sunnah comes from the words of our beloved Sayyid Rasulullah (sallallahu ‘alayhi wa ‘alā Ālihi wa sallam) who said,
عن ابن عمر رضي الله عنهما عن النبي صلى الله عليه وسلم: “لن تجتمع أمتي على ضلالة فعليكم بالجماعة فإن يد الله على الجماعة”.
From Ibn ‘Umar (radhiya allāhu ‘anhumā) that the Nabi (sallallahu ‘alayhi wa ‘alā Ālihi wa sallam) said: “My Ummah will not be united upon misguidance, so cling to the Jama’ah, for verily yadullah (i.e. the power and protection of Allah) is upon the Jama’ah.”
Imam Al-Haythami states in his Majma’, “It is reported by At-Tabarani with two chains, one of the chains the men are impeccably trustworthy (thiqāt) and the men of the Sahīh, save for Marzuq, the mawlaa of Aali Tālhah, and he is thiqah (impeccably trustworthy)” (entry 9100). It is also reported from Ibn ‘Abbas (radhiya allāhu ‘anhu) by Imam Al-Bayhaqi in Al-Asma’ was-Sifat with a Sahih chain according to the editor Al-Hāshidī Abu Dawud, Ibn Majah, and Imam Ahmad report similar in their works as well, though their chains have weaknesses.
Imam Adh-Dhahabi once defined Ijma’ in a commentary upon the words of Imam Is-haq ibn Rahuwayh “If al-Thawri, al-Awza`i, and Maalik agree on an issue, that matter is a Sunna.”
He said, “Rather, the Sunna is whatever the Prophet made Sunna, and the rightly-guided Caliphs after him. As for Consensus (ijma`), it is whatever the ulama of the Community both early and late have unanimously agreed upon, through either assumed (thanni) or tacit (sukuti) agreement. Whoever deviates from such consensus among the Successors or their successors, it is tolerated for him alone. As for those who deviate from the three above-named imams, then such is not named a deviation from Consensus, nor from the Sunna. All that Ishaq meant was that if they concur on a given matter then it is most probably correct, just as we say, today, that it is nearly impossible to find the truth outside of what the Four Imams of scholarly endeavor agreed upon. We say this while admitting that their agreement on a given matter does not dictate the consensus of the Ummah, but we refrain from asserting, in relation to a matter upon which they all agreed, that the correct position is otherwise. ((Siyar ‘Alam An-Nubala’ ))
[This article is fluid, and will be added to in the future insha'allah]
as-salaamu alaykum,
a very informative article. I remember you telling me on the phone akhi that when the scholars have difference of opinion (there is no ijma) then the ulama do not really care since there is division in opinion. Such as hadra etc.. It is very true it is not what you would think if we use our salafi mentality.
Other hadith on following the Jamah:
The Messenger (s) said: “Allah’s Hand is with the main body (majority).”
Sahih.
Tirmidhi (Sunan, #2166), Ibn Hibban (Sahih, #4577), Nasai (Sunan, #4020) and Hakim (Mustadrak #391).
There are other variants of this hadith, with slightly different wordings. Some are strong, some weak, and the majority of them are well-known (mashur) and accepted.
Al-Sindi, on his commentry on this hadith in Sunan Al-Nasai states that the hadith is telling us:
1) not to isolate ourselves from the majority.
2) nor strive to split up the ummah.
3) anyone who does #1 and #2, and the Muslim ruler has allowed it, then that person should be killed.
3) Allah’s protection and help is with the Muslims when they agree upon a matter.
4) Anyone who tries to cause a split want to remove Allah’s help.
Similarly, Al-Suyuti in his commentry on the same hadith of Sunan Al-Nasai states that Allah’s ‘Hand’ is his protection (i.e. of the Jama’ah of Islam).
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The Messenger (s) said: “Allah does not allow the Ummah of Muhammad to agree on an error.”
Sahih.
Tirmidhi (Sunan, #2167), Hakim (Mustadrak #397)
In Tuhfat al-Ahwadhi, the commentry on Sunan Tirmidhi, it is explained that:
1) the Ummah is protected from an agreement on error. The only exception is when the entire ummah becomes Kafir, as a hadith states that the Day of Judgement will come only on the Kuffar.
2) Allah’s ‘Hand’ is His protection.
3) Anyone who escapes the main body (majority) in Aqidah or words or actions, then he has escaped into Hellfire.
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The Messenger (s) said: “Anyone who seperates himself from the jama’ah even the distance of a hand, then he has thrown off the yoke of Islam from his neck, unless he returns.”
Sahih.
Tirmidhi (Sunan, #2863), Abu Dawood (Sunan, #4758), Nasai (Sunan, #4872), Hakim (Mustadrak, #1534), Ahmad (Musnad, #16718, #21050), Abi Ya’la (Musnad, #7203), Bayhaqi (Sunan, #17081), Abdul-Razzaq (Musannaf, #20709) .
In his commentry on the hadith in Sunan Al-Nasai, Suyuti comments that seperating oneself from the jama’ah means violating the limits, laws and orders, and the forbidden things.
The same is stated in the commentry on the hadith of Sunan Tirmidhi, in Tuhfatul-Ahwadhi.
Assalamu alaikum
Awesome post!
masalama
WHEHTER IJMA ONLY IN COMPANION PERIOD. NOW A DAY CAN MUJTAHIDS IJMAA. PLZ GIVE ME SOME DETAIL