Friday, February 7, 2014

The Doctrine of Ijma Is there a consensus

The above exposition leads to the conclusion that there is no real agreement over the foundation of the third source of Islamic jurisprudence, ijma, even though, according to some commentators, it has even precedence over the Qur'an, Sunnah and qiyas, due to its definitiveness. Despite this, in orthodox discussion about the subject, after mentioning the irreconcilable juristic differences, the general conclusion drawn is just the opposite of what is expected or warranted: 
"The above discussion clearly shows that the ijma and the majority decision of the Ummah on a certain interpretation of nass or on a certain qiyas, ijtihad, or expediential legislation do constitute law and are deemed to be authoritative in Shari'ah. If such a law has been enacted by the men of learning and authority in the world of Islam, it is binding on all the Muslims of the world and if it has been enacted by those of any one country or region, then it will hold good for them alone.”[49]
Clearly, nothing appears to undermine the position of ijma as a final authority in the eyes of the entrenched commentator. So far only the first aspect of ijma, which deals with defining who it is that constitutes a consensus, has been discussed and there is a serious lack of agreement by the scholars on this. When the three other aspects are investigated, the issues become still more divergent. Yet, the orthodox claim about the authoritativeness of ijma remains unabashed:
"All agree that ijma is a final authority. This means that when the ijma has been arrived at on a certain interpretation of a nass or on a certain ijtihad, Qiyas or expediential legislation, then such an ijma  is binding on all and must be followed. Differences arise only as to the question whether there has been an ijma on certain legal point or not. No one challenges the authority of ijma as such. The controversy hovers round the point: whether it has been arrived at or not!"[50]
"... the concept of ijma' as a legal indicator, dalil, carries very nearly the same authority as the revelational sources [i.e., the Qur'an and the sunnah] themselves."[51]

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