Al-Ijmaa`: A Brief Introduction

بسم الله والحمد لله والصلاة والسلام على رسول الله ، وبعد

All praise is for Allaah alone and peace and blessings of Allaah be upon the Messenger of Allaah and his family and his companions. To proceed:

What follows is a brief introduction of the meaning and importance of al-Ijmaa` (i.e. Consensus of the Scholars on any given issue from the issues of al-Islaam). The subject has been divided into the following topics:

Al-Ijmaa`: A unique feature of this Ummah.

Definition of al-Ijmaa`.

What is not considered as al-Ijmaa`.

The status of al-Ijmaa`.

Al-Ijmaa` can never go against the Text.

From the benefits of knowing the Ijmaa`.

More proofs that the Ijmaa` is authoritative evidence.

The two opinions.

Al-Ijmaa`: A unique feature of this Ummah:

From the blessings of Allaah تعالى upon this Ummah and one of its distinguishing features over and above the rest of the (previous) nations is: “Al-Ijmaa`” (The Consensus) of its scholars on a matter from the matters of the Deen is free from slippage and error. This is because, through their Ijmaa` upon a matters of the Share`ah, that Allaah سبحانه وتعالى has protected it from the plots of those who plot against Islaam, and from the distortion of the misguided.

Ibn `Abbaas رضي الله عنهما narrated that the Messenger of Allaah صلى الله عليه وسلم said:

يَدُ اللَّهِ مَعَ الْجَمَاعَةِ

“Allaah’s Hand is with the Jamaa`ah.” [Sunan al-Tirmidhee (2166) and graded as “Saheeh” by Shaikh al-Albaanee in Saheeh al-Jaami` (8065)]

Ibn `Umar رضي الله عنهما narrated that the Messenger of Allaah صلى الله عليه وسلم said:

إِنَّ اللَّهَ لَا يَجْمَعُ أُمَّتِي - أَوْ قَالَ: أُمَّةَ مُحَمَّدٍ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - عَلَى ضَلَالَةٍ، وَيَدُ اللَّهِ مَعَ الجَمَاعَةِ، وَمَنْ شَذَّ شَذَّ إِلَى النَّارِ

“Indeed Allaah will not gather my Ummah” - or he said: “The Ummah of Muhammad صلى الله عليه وسلم upon misguidance, and Allaah’s Hand is over the Jamaa`ah, and whoever deviates, he deviates to the Fire.” [Sunan al-Tirmidhee (2167) and graded as “Saheeh” by Shaikh al-Albaanee except for the part: “and whoever deviates, he deviates to the Fire.”]

It was narrated that `Arfajah bin Shuraih Al-Ashja`ee رضي الله عنه said: I saw the Prophet صلى الله عليه وسلم on the Minbar addressing the people. He صلى الله عليه وسلم said:

إِنَّهُ سَيَكُونُ بَعْدِي هَنَاتٌ وَهَنَاتٌ فَمَنْ رَأَيْتُمُوهُ فَارَقَ الْجَمَاعَةَ أَوْ يُرِيدُ تَفْرِيقَ أَمْرِ أُمَّةِ مُحَمَّدٍ صلى الله عليه وسلم كَائِنًا مَنْ كَانَ فَاقْتُلُوهُ فَإِنَّ يَدَ اللَّهِ عَلَى الْجَمَاعَةِ فَإِنَّ الشَّيْطَانَ مَعَ مَنْ فَارَقَ الْجَمَاعَةَ يَرْكُضُ

“After me there will be many calamities and much evil behavior. Whoever you see splitting away from the Jamaa`ah or trying to create division among the Ummah of Muhammad صلى الله عليه وسلم, then kill him, for the Hand of Allaah is with the Jamaa`ah, and the Shaitaan is with the one who splits away from the Ummah, running with him.” [Sunan al-Nasaa’ee (4020) and graded as “Saheeh” by Shaikh al-Albaanee in Saheeh al-Jaami` (3621)]

“The hidden specialty of this Ummah – and what is correct - is in regards to al-Ijmaa`, in reality they are one Jamaa`ah (i.e. no other nation had this feature before). This is because the Prophet صلى الله عليه وسلم was sent to the whole of mankind, but the Prophets before him where sent to a particular nation only; they were only a part from the whole. It is confirmed upon every nation (before us) that the Believers among them were not centralized in one era (i.e. the Jurisdiction changed with different nations)*; whereas in this Ummah the Believers (in regards to the Sharee`ah) are centralized (i.e. irrespective of the time and place, the Jurisdiction is one). And the Hand of Allaah is with the Jamaa`ah. Therefore – and Allaah knows best – this is the correct summary”

* Example: for Banu Israa'eel, the Sharee`ah during the time of Yaqoob عليه السلام was different than that during the time of Moosaa عليه السلام. It again changed during the era of `Eesaa عليه السلام. But for the Muslims it is the same till the Day of Judgment.

Definition of al-Ijmaa`:

Linguistically, the word al-Ijmaa` has two meanings:

First: to resolve (reach a decision) upon a matter, example saying: “he resolved (decided) to go on a trip”. As Allaah تعالى says:

﴿فَأَجْمِعُوا أَمْرَكُمْ وَشُرَكَاءَكُمْ﴾

{So resolve upon your plan and [call upon] your associates.} [Surah Yunus (10): 71]

Second: Agreement. As they say: “The people have gathered on such and such”, meaning, they have agreed.

Both these meanings are taken from the word al-Jam` (to gather). In “resolve” it is the collection of thoughts together; and in “agreement” it is the collection of opinions. [Mu`jam al-Maqaayees al-Lughah (1/479)]

The Usooliyoon (scholars) have differed upon the meaning of the term al-Ijmaa` as well as their difference upon its pillars, its conditions and its rulings.

The chosen definition is that al-Ijmaa` is: “the agreement of the Mujtahids of this Ummah after the death of the Prophet صلى الله عليه وسلم, at any given time, on any given Shar`ee ruling.” [Jam` al-Jawaami` (1/176)]

This definition has been accepted by many, including Shaikh Ibn al-`Uthaymeen رحمه الله [which will be posted separately – in-shaa Allaah].

For better understanding:

In order to better understand this definition, it is necessary to explain it a little further:

“The agreement”: meaning: collaborating upon forming an opinion, all of them indicating it either through their statements (all of them saying the same thing) or through their actions (all of them doing the same thing) or by the statements of some and actions of the others – all this is known as explicit consensus.

As for the statement of some or their actions along with the silence of some others – this is known as silent consensus.

This is an overall definition of both the types of al-Ijmaa`: explicit and silent.

“The Mujtahid of this Ummah”: The scholar who is qualified to make efforts in seeking the correct ruling when there is two or more different interpretations of any given issue in the Sharee`ah.

“Al-Ummah”: It is a group of people gathered for a common purpose, by it here it means the Ummah of Muhammad صلى الله عليه وسلم, those who follow him and are Believers in Him and the Message he had brought, irrespective of the time. They are the Ummah al-Ijaabah (those who have answered the call of Islaam) and not the Ummah of al-Da`wah (those who did not accept the call, like the Jews and the Christians).

“After the death of the Prophet صلى الله عليه وسلم”: So the Ijmaa` during his صلى الله عليه وسلم lifetime is not considered.

Al-Aamidee رحمه الله said: “There is a consensus that the agreement of those present during the time of Wahy (Revelation) is not evidence while the Wahy was still descending. Their agreement can only be evidence after the death of the Prophet صلى الله عليه وسلم (and when the Wahy had stopped.)” [al-Ikhaam fee Usool al-Ahkaam (1/213)]

“At any given time”: meaning: the agreement irrespective of any age/century. So it means: the agreement of the Mujtahid scholars in whichever age it is – either during the lifetime of the Companions or after them.

With this, the doubt is pushed away that Ijmaa’ is not considered except when there is a consensus of the Mujtahid scholars of all the ages together – for this is impossible. [See al-Ihkaam of al-Aamidee (1/278) and al-Haashiyah `alaa al-Muhalla of al-Bannaanee]

“On any given ruling”: meaning: the ruling on which the Mujtahid scholars have agreed upon, and this includes:

1. Religious matters: like issues pertaining to Salaah, Tafseer of the Aayah or the Hadeeth etc.

2. Worldly matters: like issues pertaining to war, arranging the armies etc.

3. Rational matters: like what takes place in the world.

4. Linguistic matters.

In some of the definitions, the Ijmaa` has been limited to Religious matters only.

What is not considered as al-Ijmaa`:

The Mujtahid (scholars) of this Ummah are unanimous that the ones excluded from this definition of Ijmaa’ are:

1. The agreement of the Muqallideen (blind followers) and the general people, their agreement is not considered as a legal consensus.

2. The agreement of some of the Mujtahid scholars, it is also not considered as a consensus.

3. The agreement of the scholars of other than this Ummah.

The status of al-Ijmaa`:

The Ijmaa` is true, authoritative part of the religion of Allaah عز وجل and is from the major Usool of the Deen, and is one of the sources of the Sharee`ah, the evidence for which is found in the Book of Allaah and the Sunnah of His Messenger صلى الله عليه وسلم.

Qadhee Abu Yu`laa رحمه الله said: “al-Ijmaa` is authoritative evidence, following it is a must, and opposing it is not allowed, and it is not possible for the Ummah to unite upon an error (or misguidance).” [al-`Uddah fee Usool al-Fiqh (4/1058)]

Therefore, it is a must for the one seeking the truth to follow the way of the Jamaa`ah of the Believers; and must not oppose Allaah تعالى and His Messenger صلى الله عليه وسلم; and should try to know that which the Muslims have consensus upon from the matters of the Sharee`ah; and should tread the path of the Salaf so that he does not become one of the those who oppose and follows the way of other than the Believers. Otherwise, he will be of those who fall under this warning:

﴿وَمَن يُشَاقِقِ الرَّسُولَ مِن بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَىٰ وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّىٰ وَنُصْلِهِ جَهَنَّمَ ۖ وَسَاءَتْ مَصِيرًا﴾

{And whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers’ way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination.} [Surah al-Nisaa’ (4): 115]

Ibn Hazm رحمه الله said: “al-Ijmaa` is a principle from the principles of this pure religion, towards which one returns (to for rulings); and the one who rejects it, who after evidence has been established against him that there is Ijmaa` (on any given issue) but still rejects it, is a Kaafir.” [Maraatib al-Ijmaa` (1/7)]

Shaikh al-Fawzaan حفظه الله said: “Absolute denial of al-Ijmaa` tantamount to Kufr and apostasy from Islaam. Absolute denial of al-Ijmaa` - that the person says that there is no consensus at all – then he is a Kaafir. As for the one who denies some aspects of al-Ijmaa`, then this is debatable, and his words should be analyzed; is he correct or is he incorrect?”

The status of al-Ijmaa` is next only to the text from the Kitaab and the Sunnah and this is the Madhhab of the Salaf al-Saaleh, as has been established by Shaikh al-Islaam Ibn Taymiyyah رحمه الله. In fact Imaam al-Nasa’ee made a whole chapter entitled: “Chapter: Ruling According to the Consensus of the Scholars” and narrated the following reports:

It was narrated from Shuraih رحمه الله that: He wrote to `Umar رضي الله عنه, to ask him (a question), and `Umar رضي الله عنه wrote back to him telling him: “Judge according to what is in the Book of Allaah; if it is not (mentioned) in the Book of Allaah, then (judge) according to the Sunnah of the Messenger of Allaah صلى الله عليه وسلم. If it is not (mentioned) in the Book of Allaah or the Sunnah of the Messenger of Allaah صلى الله عليه وسلم, then pass judgment according to the way the righteous passed judgment. If it is not (mentioned) in the Book of Allaah, or the Sunnah of the Messenger of Allaah صلى الله عليه وسلم, and the righteous did not pass judgment concerning it, then if you wish, go ahead (and try to work it out by yourself) or if you wish, leave it. And I think that leaving it is better for you. And peace be upon you.” [Sunan al-Nasa’ee (5399) and graded as “Saheeh” by Shaikh al-Albaanee]

It was narrated that `Abdur-Rahmaan bin Yazeed said: The people asked `Abdullaah (Ibn Mas`ood) رضي الله عنه too many questions one day, and `Abdullaah said: “There was a time when we did not pass so many judgments, but now that time is over. Now Allaah سبحانه وتعالى has decreed that we reach a time when, as you see, (we are asked to pass many judgments). Whoever among you is asked to pass a judgment after this day, let him pass judgment according to what is in the Book of Allaah. If he is faced with a matter that is not mentioned in the Book of Allaah, let him pass judgment according to the way His Prophet صلى الله عليه وسلم passed judgment. If he is faced with a matter that is not mentioned in the Book of Allaah and concerning which His Prophet did not pass judgment, then let him pass judgment according to the way the righteous passed judgment. If he is faced with a matter that is not mentioned in the Book of Allaah, and concerning which His Prophet and the righteous did not pass judgment, then let him strive to work it out, and let him not say 'I am afraid, I am afraid.' For that which is lawful is clear and that which is unlawful is clear, and between them are matters which are not as clear. Leave that which makes you doubt for that which does not make you doubt.” [Sunan al-Nasa’ee (5397, 5398) and graded as “Saheeh” by Shaikh al-Albaanee]

[Translator’s Note: There is a Hadeeth in Sunan Abu Dawood and al-Tirmidhee on the authority of Mu`aadh رضي الله عنه that the Prophet صلى الله عليه وسلم, said something similar, but it is “Dha`eef”.]

Al-Ijmaa` can never go against the Text:

Scholarly opinions are considered when there is absence of Text on any given issue or when the Text has more than one interpretation. Therefore, Al-Ijmaa` can never occur in opposition to the Book and the Sunnah. Any claimants for al-Ijmaa`, on any given issue which clearly opposes the Text, would be discarded.

In Majmoo` al-Fataawa, Shaikh al-Islaam Ibn Taymiyyah رحمه الله criticized those who came in later part of Islaam, who said: A Mujtahid should begin by looking for the consensus of the scholars first. If he finds it, then he has no need for anything else; and if he finds a Text (from the Kitaab and the Sunnah) which opposes the Ijmaa`, then he should believe that the Text has been abrogated by another Text which has not reached him. He also criticized the people of rhetoric, those who said that the Ijmaa` itself abrogates the Text. [Majmoo` al-Fataawa (19/267)]

From the benefits of knowing the Ijmaa`:

First: Knowing the consensus on the issues is from necessities of the Deen, through which the many issues upon which the Ummah has a consensus become well known; so that the deviants and misguided people do not corrupt the religion of the Muslims. If one were to look at state of affairs of the previous nations from the people of the Book and other than them and the differences which they fell in regarding the principles of their Deen, one will realize the great blessing this Ummah has been blessed with – where the Imaams of this Deen have a consensus on hundreds of issues from the fundamentals of this Deen aside from its branches. So thereafter no one from the Muslim opposes it (the Ijmaa`) after them except that the he is judged either to be upon Kufr or deviancy.

Second: Knowing about the issues in which there is a consensus of the Ummah upon it, gives full confidence in practicing this Deen, and which joins the hearts of the Muslims (unlike when there is a difference, the hearts also differ - except for those whom Allaah protected); and this also shuts the door on those fabricators who think that the Ummah has differed in everything, so how there be a consensus?!

More proofs that the Ijmaa` is authoritative evidence:

The First Evidence: The saying of Allaah تعالى:

﴿وَمَن يُشَاقِقِ الرَّسُولَ مِن بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَىٰ وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّىٰ وَنُصْلِهِ جَهَنَّمَ ۖ وَسَاءَتْ مَصِيرًا﴾

{And whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers’ way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination.} [Surah al-Nisaa’ (4): 115]

The first one to use this Aayah as an evidence was Imaam al-Shaafi`ee رحمه الله, thereafter people followed him in using this verse as an evidence.

The reasoning: The meaning of “opposing the Messenger صلى الله عليه وسلم” is: opposing and violating him in that which he had brought from his Lord; and the “way (path) of the Believers” means: that which the Believers (starting from the Companions) have chosen/agreed upon from the speech, the actions and beliefs. This is because the “path of the Believers” (Sabeel al-Mu’mineen) is mentioned in a singular form which generalizes everything pertaining to the Deen. Allaah تعالى made it a cause of punishment for everyone who opposes the Messenger and follows the path of other than that of the Believers. Allaah تعالى used the conjunction “و” (and) to combine the ruling on those who oppose the Messenger and those who follow other than the path of the Believers. So following the path of other than the Believers becomes impermissible as it is impermissible (Haraam) to oppose the Messenger صلى الله عليه وسلم.

The Second Evidence: The saying of Allaah تعالى:

﴿وَكَذَٰلِكَ جَعَلْنَاكُمْ أُمَّةً وَسَطًا لِّتَكُونُوا شُهَدَاءَ عَلَى النَّاسِ وَيَكُونَ الرَّسُولُ عَلَيْكُمْ شَهِيدًا﴾

{Thus We have made you (O Muslims – the sincere followers of the Messenger صلى الله عليه وسلم) a Wasat (just) (and the best) nation, that you be witnesses over mankind and the Messenger (Muhammad صلى الله عليه وسلم) be a witness over you.} [Surah al-Baqarah (2): 143]

The reasoning: Allaah تعالى confirmed their integrity by accepting their testimonies. So if the statement of a witness is accepted as evidence, then it is n that necessary to follow their judgment. Otherwise, it is meaningless to accept the testimony of a person unless his statement is used as evidence. So this is the proof that the Ijmaa` of the Ummah is n authoritative evidence which should be acted upon – and this is what is required.

The Third Evidence: The saying of Allaah تعالى:

﴿كُنتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنكَرِ وَتُؤْمِنُونَ بِاللَّـهِ﴾

{You are the best of peoples ever raised up for mankind; you enjoin Al-Ma`roof (i.e. Islaamic Monotheism and all that Islaam has ordained) and forbid Al-Munkar (polytheism, disbelief and all that Islaam has forbidden), and you believe in Allaah.} [Surah aal-`Imraan (3): 110]

The reasoning: The “ال” when added to a generic noun, refers to the generality of a thing. Therefore the “ال” in al-Ma`roof and al-Munkar in this verse is a news from Allaah تعالى about the Ummah of Muhammad صلى الله عليه وسلم that they enjoin every type of goodness and forbid every type of evil. So this verse entails that whenever they (the Ummah) forbid something, we know it is something evil; and when they enjoin something, we know that it is something good. So their forbidding and enjoining is decisive evidence which should be followed.

The Fourth Evidence: The saying of Allaah تعالى:

﴿ يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّـهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّـهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا﴾

{O you who Believe! Obey Allaah and obey the Messenger, and those of you who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination.} [Surah al-Nisaa’ (4): 59]

The reasoning: Allaah تعالى has made it a binding condition that the matter should be referred back to the Book of Allaah and the Sunnah of His Messenger whenever differences occur. This is evidence that when there is no difference among them, then this condition does not become binding, rather there agreement over a matter is sufficient. So this is clear proof that al-Ijmaa` is authoritative evidence.

The Fifth Evidence: From the Ahaadeeth, some of which have already been mentioned above.

The Sixth Evidence: The statements of `Umar Ibn al-Khattaab and Ibn Mas`ood رضي الله عنهما have also been mentioned above. Apart from this, even Ibn `Abbaas رضي الله عنهما mentioned and did the same. So these three pinnacles of knowledge from this Ummah, after the Prophet صلى الله عليه وسلم, affirmed the importance of al-Ijmaa`.

The two opinions:

In regards to al-Ijmaa`, there are two Madhhabs:

The first Madhhab: Those who accept that Ijmaa` does take place, and these are the majority and this is the correct belief. There are many issues in which there is complete Ijmaa` regarding them, examples: the consensus that the loan should be repaid first before distributing the wealth among the heirs; the prohibition of consuming pig’s fat is like the prohibition of its meat; and the consensus that if any feature of the water changes from the three – its taste, its color or its smell – then it is not suitable for making ablution.

The second Madhhab: Those who say that it is impossible for Ijmaa` to take place and those who took this stance are majority from the Mu`tazilah. They said that the prudent scholars were scattered throughout the earth – from its east to its west. Therefore, it was impossible to get the rulings of each and every one of them. The reply to this is that the Mujtahid scholars were very few, notables and well known and whose opinion would be what most of the other will have as well.

Statements from Ibn Hazm رحمه الله and Shaikh al-Fawzaan حفظه الله have already preceded that denying Ijmaa` is considered as Kufr.

And Allaah knows best.