Consensus How to Use it as Evidence and How to Object to It 10.35781/1637-000-164-006

Abstract

Abstract

This research addresses the concept of Ijma’ (consensus) as one of the agreed-upon sources of Islamic legislation among the majority of scholars. The study aims to define the concept of Ijma’, clarify its conditions, explain the methodology of deriving rulings from it, analyze major objections raised against it, and highlight the strongest scholarly opinions supported by evidence. The research concludes with the main findings and recommendations as follows:

Findings:

Ijma’ (consensus) is the agreement of the qualified jurists (mujtahids) on a legal ruling in a specific matter, and it is considered one of the sources of Islamic legislation after the Qur’an and the Sunnah.

• Ijma’ is used to confirm a ruling derived from the primary legal evidences and not to establish a new ruling. It serves as a tool to reinforce judgments and fill legal gaps, with the necessity to verify the validity of the chain of evidence and the agreement among the jurists.


• Ijma’ faces rational objections that claim it is impossible for the entire community to agree on a single ruling, as well as textual objections due to the absence of an explicit report of consensus. Additionally, achieving it in practical terms in the modern era is difficult.


• Ijma’ is considered an important source in legal reasoning and the formulation of Islamic rulings. It strengthens decisions and complements other evidences such as the Qur’an, Sunnah, and qiyas (analogy), helps consolidate rulings, prevents arbitrary fatwas, and serves as a vital tool for students and researchers to understand the foundations of legal reasoning and scholarly objections to it.

Recommendations:
1. Emphasize the role of Ijma’ in deriving legal rulings, while adhering to its precise conditions.
2. Verify sources of consensus before relying on them in jurisprudence or fatwas.
3. Train students and researchers on the methodology of using Ijma’, understanding objections, and applying scholarly responses.
4. Distinguish between genuine consensus and alleged consensus, particularly in contemporary issues, to avoid jurisprudential errors.
5. Use Ijma’ in conjunction with other evidence such as the Qur’an, Sunnah, and qiyas to ensure strong reasoning and coherence of legal rulings.

Keywords: Ijma’, Legal Reasoning, Objection