Ijma: Unanimous Decisions of The Jurists

IJMA: UNANIMOUS DECISIONS OF THE JURISTS
Ijma means the opinion of the learned. When persons

knowledgeable in law would agree upon a point, such consensual
opinion was referred to as Ijma. Thus, Ijma is the unanimous decision
of jurists for a particular question with reference to that age or
communal legislation. It is through the tradition of the Prophet that
Ijma derives its validity and authority as a source of law. The Prophet
is believed to have said that, ‘God will not allow his people to agree
on an error’. The Hanafi doctrine of law changing along with times
found support in the Maliki view that new facts require new
decisions.
FORMATION OF IJMA
Whenever law needed a new principle, the jurists used to give a
consensual opinion so as to enable a solution. To be a jurist or
Mujtahid, it was essential that a person was a Muslim with adequate
knowledge of law and was competent to form logical deducements.
Ijtihad refers to the process of creating law through consensus on the
basis of ‘exercise of one’s reasoning so as to create a new rule of
law’. The Ijma had to be justified with references to the principles
given in the Quran or the tradition as well as public policy, interest of
the community and equity. The Mujtahtids are the recognised
interpreters of law.
KINDS OF IJMA
i) Ijma of the Companions: the consensual opinion of the
Companions is believed to be most authoritative and accurate. It
cannot be overruled or modified by subsequent Ijmas.
ii) Ijma of the Jurists: the opinion of learned scholars was believed to
be the next best Ijma after the Ijma of the Companions.
iii) Ijma of the People: At times, the mass acceptance of a principle as
law was also accepted. Nevertheless, it is of little consequence with
respect to core issues and principles of the Islam.
As can be seen, the authority of Ijma depends upon the capabilities
of the people participating in its formation.
IMPORTANCE
A major chunk of the fiqh or actual Muslim law came through Ijma. It
explained the Quran and traditions in terms of actual applicability as
well as laid down new principles of law so as to help the society to
cope up with growth and progress. It was through Ijma that the real
opportunities for interpretation of the hereto rigid Quran and
Traditions came up. It is even referred to as the ‘living tradition’ at
times.
DEFECTS
The Ijma lead to various reading and versions or interpretation of the
Quran, Sunna, custom etc. As a result, different sub-sects were
formed. The choice of unanimous opinion or majority opinion is
another bone of contention. The Ijma of the jurists and the people
could be overruled at any time; thus, they were not able to
contribute substantially to certainty in law. With the spread of Islam
and lack of a well- established communication network, obtaining
consensus of all the jurists was a major problem. Again the stock of
learned and accepted scholars ran short of the requirement and by
10th century, the Ijma had to be abandoned.
QIYAS: ANALOGICAL DEDUCTION

Qiyas refers to ‘measurement’ in the Arabic language. It also refers
to comparing a thing in relation to a standard or ‘to establish an
analogy’. Some have described it as the analogical deduction from
the reason of a text to a case not actually covered by its language. In
simple words, it is a method of comparing a problem in present
times to a similar problem for which the solution is provided in the
texts.
It is a weak Ijtihad, one’s own exertions to find a solution through
reason. But it is more important and powerful than a mere rai or
opinion of a jurist.
First, a similar problem with a solution is found and the reasoning
behind it was taken so as to establish a common cause. Then
solution to the present problem is directly deduced from the texts in
form of a law derived. Here, the spirit or the implied meaning of the
text is taken into consideration.
Unanimous consensus between those deducting was not essential.
The only requirements are that the person deducing is a Mujtahid
and he deduces the law from a text of Quran, Traditions or Ijma.

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IJMA: UNANIMOUS DECISIONS OF THE JURISTS

Ijma means the opinion of the learned. When persons

QIYAS: ANALOGICAL DEDUCTION

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