Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 19]
Al-Ijam’: Scholarly Consensus is a unanimous agreement of al-mujtahidun of the Muslim community of any period after the demise of Messenger Muhammad [peace be upon him] on a religious matter.
Al-Mujtajid is a person who practices ijtihad, which linguistically means exerting and making a strenuous effort.
Technically, ijtihad means exerting every effort and doing one’s best to acquire conclusive or conjectural Shariah rule.
Explanation of the definition
Unanimous agreement of the scholars of Fiqh.
The mujtahidun are the scholars of Fiqh. Thus, laypersons and specialists of sciences other than Fiqh, such as grammarians and linguists, are not included in the definition.
The mujtahidun of the Muslim community means that scholars from other nations are not included in the definition.
Any period after the demise of Messenger Muhammad means that scholarly consensus begins after the death of Messenger Muhammad until the Day of Judgment. As for the time during the life of Messenger Muhammad, scholarly consensus had no effect during the lifetime of Messenger Muhammad because revelation from Allah used to come to Messenger Muhammad. Thus, Islamic Shariah rules were ordained by Allah and His Messenger.
A religious matter means that agreement over non-religious matters such as linguistic or scientific matters is not included in the definition.
The scholarly consensus is authoritative proof. Thus, every Muslim must act according to its dictates. Messenger Muhammad said, ‘My nation will not be united over misguidance.’
Some Issues Related to Scholarly Consensus
The scholarly consensus is binding proof on the next Muslim generations.
For example, the consensus of the first generation is binding proof on the second generation.
Likewise, the consensus of every generation is binding proof on the generations that come after them.
If the companions of Messenger Muhammad agreed on a religious rule, then their followers could not disagree over it. The rule would be binding on them and on the generations that will come after them.
The scholarly consensus must have proof upon which it depends, such as proof from the Quran, the Sunnah, or al-Qiyas (analogical deduction). Thus, al-Mujtahidun do not legislate because legislation is the right of Allah, but they deduce rules from Shariah proofs.
Is the demise of all mujtahidun belonging to a single generation a condition for considering their consensus binding?
There are two opinions on this issue:
a) The majority of scholars maintain that the demise of all mujtahidun belonging to a single generation is not a condition for considering their consensus binding.
b) Some scholars believe that the demise of all mujtahidun of a single generation is a condition for considering their consensus binding. That is because some scholars may change their opinions, thus, disagreement may occur.
The first opinion is the correct one because the proofs supporting it are strong.
Saying that all mujtahidun of a single generation must die to consider their consensus binding will lead to the impossibility of the occurrence of scholarly consensus. That is because it is hardly that a single generation demises without the occurrence of young scholars, who become mujtahidun. Thus, they have the right to disagree. Thus, the consensus may not be realized according to the second opinion, which will lead to the nullification of the consensus.
If it is said that the demise of all mujtahidun is a condition for considering their consensus binding, then the opinion of whoever is born during the lifetime of the unanimously agreeing scholars and becomes mujtahid should be taken into consideration and he has the right to disagree. And according to this opinion, the scholars may nullify the rule that they unanimously agreed upon as scholarly consensus and that does not consider breaking of the consensus.
Types of Scholarly Consensus
1. The scholarly consensus is expressed by means of action or statement of the scholars: in this type of consensus, every mujtahid expresses his approval of the rule by statement or action indicating his approval. There is no disagreement on this type of consensus among the scholars who accept it as Shariah proof.
2. Silent scholarly consensus takes place some mujtahidun express their approval of the rule by statement or action; thus, their position becomes well known. However, some mujtahun remain silent, namely, they do not endorse the rule by action or statement, and at the same time, they do not disapprove of the rule and their position becomes well known. Some scholars consider this type of scholarly consensus Shariah proof, while some believe it is not so.
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