How far Ijma is a source of Muslim law? Can Ijma be used for the further development of Muslim law?

Question: How far Ijma is a source of Muslim law? Can IJMA be used for the further development of Muslim law? [BJS 1991]

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Answer

Ijma is one of the sources of Muslim Law that is, a concurrence of opinion of the companions of Prophet and his disciples. The term Ijma means a consensus, i.e. the agreement between all on a particular point of fact or law. When all the judges in the Supreme Court unanimously agree to a point and pronounce judgment on that point, it becomes a precedent and a binding law. Similarly, Ijma is a concept of law made by the consensus of all Islamic jurists or other persons of knowledge and skill.

There are three kinds of Ijma:

• Ijma of companions
• Ijma of jurist
• Ijma of people

It is based on the belief that when all the most revered persons of the society having maximum knowledge of the Quran have together taken a decision, it should be for the benefit of the Muslim community. Like Sunnah were mostly founded and followed by Shia Muslims, Ijma is followed by the Sunni sect. Ijma comes after the Quran and Sunnah as a source of Islamic law. The Sunni Muslims believed that Ijma is as important as the Quran or the Sunna because it constitutes the united and congruent opinion of all Muslims. However, the Shia sect believed that the Ijmas are not free from errors and cannot be relied on.

Conditions for the validity of ijma

1. The agreement must take place among mujtahids. Mujtahid is a person who is qualified to exercise ijtihad.

2. The agreement must be unanimous.

3. The mujtahids must belong to the Islamic community.

4. The agreement of mujtahids must be held after the death of Allah's Messenger (peace be upon him).

Significance of Ijma in further development of Muslim Law

This important doctrine played a vital role in the integration of the Muslim Community. In its early phase it manifested itself as a general average opinion, a common feeling of the community, and as binding force of the body of law against unsuccessful and stray opinions.

Once a valid Ijma is constituted, it is regarded equal to Quranic verse i.e. it is equally binding on people. The Sunni jurists agree that ijma is the third source of Islamic law after the Quran and the Sunna of the Prophet. After the death of the Prophet, to whom the Quran was revealed and from whom the Sunna came, Ijma and ijtihad, became imperative,since it was only through them that new problems, which the Quran and Sunna of the Prophet did not adequately explain could be solved. Without Ijma, these rules of Islamic law would have been diffused and incomplete. Its principles cover the vast subject. Ijma authenticated the right interpretation of the Quran and the Sunna.

Therefore, it can certainly act as one of the main source of Muslim Law that can be used for the further development of Muslim law.

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