CSS Solved Islamiat Past Papers | Define Ijma and Explain its Different Kinds. Can Legislation by the Parliament of an Islamic State be Regarded as a Valid Consensus?
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Outline
1- Introduction
2- Understanding the need for Ijma in today’s modern world
3- Definition of Ijma in Islam
4- Importance of Ijma as a source of Islamic law
5- Kinds of Ijma
- Ijma of Companions (Ijma as-Sahabah)
- Ijma of the Successors (Ijma al-Tabi’un)
- Ijma of the Jurists (Ijma al-Fuqaha)
6- Inhibiting factors which hinder the legislation of an Islamic state to be regarded as a valid consensus
- Lack of Scholarly Qualifications Undermines Ijma
- Prioritizing Personal and Political Interests Over Islamic Values
- Inadequate Understanding of Islamic Jurisprudence among parliamentarians
- Divergent Interpretations and the Challenge of Consensus
- Challenges Arising from Sectarian Tensions in Islamic Governance
7- How can modern Islamic states endeavour to establish unanimous consensus?
8- Conclusion
Introduction
Ijma, an indispensable and foundational concept in Islamic jurisprudence, plays a pivotal role in the dynamic development and interpretation of Islamic law. The term “Ijma,” derived from the Arabic word for “consensus,” embodies the unanimous agreement of scholars within the Muslim community on specific legal matters. As one of the primary sources of Islamic law, alongside the Quran, Hadith (Prophet’s traditions), and Qiyas (analogical reasoning), Ijma forms the cornerstone of the Islamic legal framework. It serves as a beacon of unity, reflecting the collective wisdom, profound understanding, and scholarly consensus of the Muslim community. This consensus, rooted in the principles and values of Islam, provides a critical mechanism for resolving complex legal issues, harmonising diverse interpretations, and guiding the faithful in upholding the tenets of their faith. Ijma’s enduring relevance underscores its significance in preserving the unity and coherence of Islamic jurisprudence across time and diverse cultural landscapes. This question sheds light on the concept of Ijma and its types. It also discusses whether legislation by the parliament of an Islamic state can be regarded as a valid consensus or not.
Understanding the need for Ijma in today’s modern world
The need for Ijma is rooted in the faith’s dynamic and ever-evolving nature, which demands collective consensus to address legal and ethical challenges that may not be explicitly covered in the Quran or Hadith. As the Quran itself reminds us, “And those who have responded to their lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend” (Quran 42:38). This verse emphasizes the importance of consultation and collective decision-making within the Muslim community, highlighting the need for Ijma as a source of guidance. Islam underscores the continuous relevance of Ijma in navigating the challenges of each era and maintaining the cohesion and adaptability of Islamic jurisprudence. In essence, Ijma is the mechanism through which the Ummah collectively interprets and implements the timeless principles of Islam in the ever-changing circumstances of the modern world.
“Muslim consciousness must return to the original starting-point of Ijma. Every generation of Muslims must come to terms with the intellectual, moral and social demands of life through a creative process of Ijma.”
(Allama Iqbal, The Reconstruction of Islamic Thought)
Definition of Ijma
Ijma, in Islamic jurisprudence, refers to the unanimous agreement or consensus of the qualified scholars within the Muslim community on a specific legal issue or matter. It is one of the primary sources of Islamic law alongside the Quran, Hadith, and Qiyas (analogical reasoning). The Prophet Muhammad (peace be upon him) consistently exemplified the practice of Ijma throughout his lifetime, consistently deferring to the consensus of his companions rather than imposing his decisions. For instance, during the Battle of Uhud, he concurred with his companions’ choice to engage the enemy outside of Madina. Similarly, in the Battle of the Trench, when resources grew scarce, the Prophet Muhammad sought consensus among his companions to devise the most effective war strategy. An illustrative example is when Salman Farsi suggested digging a trench, to which the Prophet readily assented. Likewise, the Rightly Guided Caliphs also adhered to the practice of Ijma during their leadership. Hazrat Abu Bakr’s decision to compile the Quran was grounded in Ijma, particularly in response to the losses suffered in the Battle of Yamama. Furthermore, Hazrat Uthman introduced the practice of two Aza’ans for Friday prayers, recognizing that the growing population in the cities made it challenging for people to hear the call to prayer. Hazrat Uthman’s decision, too, was rooted in the consensus of the community.
Importance of Ijma as a source of Islamic law
Ijma, the consensus of qualified Islamic scholars within the Muslim community, stands as a cornerstone of immense importance in Islamic jurisprudence, supported by the resounding voices of renowned scholars throughout history. As Imam Shafi’i aptly notes, “The consensus (Ijma) of the scholars of the Muslims is proof for every Muslim, and from the evidence that is obligatory for him to accept and act upon.” This collective agreement is not merely a testament to scholarly unity but a reflection of the enduring wisdom of the Muslim community. Imam al-Ghazali reinforces this, asserting that Ijma is “the most solid proof in the religion.” It is inconceivable that the entire community could unite on an error, as Ibn Taymiyyah emphasizes when he states, “Ijma is a hujjah (evidence) that is valid and binding.” Imam Nawawi underscores the binding nature of Ijma by labeling anyone who denies it after clear evidence as an innovator. In the framework of Islamic jurisprudence, Ijma is indispensable, as Ibn Qayyim al-Jawziyya contends, holding a position of great importance alongside the Quran, Hadith, and Qiyas. It serves as a pillar of unity, guiding the Muslim community and ensuring that legal principles and decisions are consistent and harmonious. Thus, Ijma’s consensus transcends time, providing not only historical and scholarly authority but also a means to maintain the strength and cohesiveness of Islamic law for generations to come.
Kinds of Ijma
The following are the most common types of Ijma in Islam:
- Ijma of Companions (Ijma as-Sahabah)
Ijma of Companions, known as “Ijma as-Sahabah,” represents a cherished cornerstone in Islamic jurisprudence, drawing its authority from the unanimity of the Prophet Muhammad’s (peace be upon him) closest companions. This esteemed consensus reflects the profound understanding and commitment of the Companions to the Prophet’s teachings. Quranic references, such as the verse stating, “And the first forerunners [in the faith] among the Muhajireen and the Ansar and those who followed them with good conduct – Allah is pleased with them, and they are pleased with Him” (Quran 9:100), underpin the noble status of the Companions in Islam. Moreover, Hadith traditions accentuate the righteousness and unity of the Companions, as exemplified in the Prophet’s saying, “My Companions are like stars; whichever of them you use as a guide, you will be rightly guided.” Eminent scholars such as Imam al-Shawkani and Imam al-Nawawi also underscore the significance of Ijma as-Sahabah as a testament to the authentic interpretation of Islam’s foundational principles and an enduring source of guidance for generations of Muslims.
- Ijma of the Successors (Ijma al-Tabi’un)
The Ijma of the Successors, known as “Ijma al-Tabi’un, holds a vital place in Islamic jurisprudence, as it reflects the consensus of the generation that succeeded the Prophet’s Companions. This consensus is highly regarded due to its continuity with the Prophet’s teachings. Quranic references, such as the verse stating, “And the forerunners, the first of the Muhajireen and the Ansar, and those who followed them in good conduct – Allah is pleased with them, and they are pleased with Him” (Quran 9:100), emphasise the righteousness and guidance of these successors. Hadith traditions further affirm their authenticity, as exemplified in the Prophet’s statement, “The best people are my generation, then those who come after them, then those who come after them.” Esteemed scholars like Imam al-Nawawi and Imam al-Razi underscore the pivotal role of Ijma al-Tabi’un in maintaining the continuity of Islamic jurisprudence, ensuring the faithful interpretation of Islam’s foundational principles, and preserving the legacy of the early generations of Muslims for future generations.
- Ijma of the Jurists (Ijma al-Fuqaha)
Ijma of the Jurists, or “Ijma al-Fuqha,” stands as a vital source of Islamic jurisprudence, reflecting the consensus of qualified scholars throughout Islamic history. This consensus plays a pivotal role in addressing contemporary legal and ethical challenges that may not have been explicitly addressed in the Quran or Hadith. While the Quran and Hadith form the foundational sources of Islamic law, Ijma al-Fuqha serves as a bridge between the classical legal tradition and the evolving needs of the Muslim community. This dynamic application of Islamic principles is underpinned by the Quranic injunction to use reason and reflection (Quran 16:43) and the Prophet Muhammad’s assertion that scholars are the inheritors of the Prophets’ wisdom (Hadith). Esteemed scholars such as Ibn Taymiyyah, Imam al-Shafi’i, and Imam al-Ghazali have recognized the critical role of Ijma al-Fuqha in preserving the integrity of Islamic jurisprudence, guiding Muslim communities worldwide through the intricacies of modern life.
Inhibiting factors which hinder the legislation of an Islamic state from being regarded as a valid consensus
- Lack of Scholarly Qualifications Undermines Ijma
The fundamental requirement for Ijma to be regarded as a valid consensus is the participation of qualified Islamic scholars with a profound understanding of Islamic jurisprudence. In many modern parliamentary systems, lawmakers often lack the scholarly qualifications necessary for conducting Ijma in a manner consistent with Islamic tradition. This raises questions about the authenticity of the consensus when those responsible for legislation do not meet the stringent standards required for Islamic juristic decisions. The example of the Afghan Taliban is illustrative of this challenge, as their recognition as Islamic scholars and their ability to conduct Ijma in alignment with established Islamic principles are subjects of debate and controversy. In such cases, the absence of qualified scholars can cast doubt on the legitimacy of the legislative consensus and its faithfulness to Islamic principles.
- Corruption and Self-Interest in Legislation
The influence of corruption and self-interest in the legislative process poses a significant threat to the integrity of laws enacted in the name of Islam. In some modern Islamic states, lawmakers may prioritise their personal and political interests over the authentic embodiment of Islamic principles when making decisions. This can lead to legislative outcomes that do not genuinely reflect the consensus of the Muslim community, as political calculations and partisan interests often take precedence over the sincere pursuit of Islamic ideals. Pakistan provides an apt example of this issue, where political polarisation and the pursuit of personal and partisan agendas can overshadow the genuine pursuit of Islamic principles in the legislative process. In such cases, the validity of the consensus in legislation becomes a subject of concern, and the extent to which Islamic principles are upheld may be questioned.
- Inadequate Understanding of Islamic Jurisprudence among parliamentarians
In modern parliamentary systems of several Islamic countries, a substantial number of lawmakers may lack the requisite knowledge of Islamic law (Shariah) to make informed decisions in accordance with the tenets of Islamic jurisprudence. This deficiency in the understanding of Islamic principles can result in legislative decisions that do not genuinely reflect the consensus of the Muslim community. The absence of a comprehensive grasp of Islamic jurisprudence among lawmakers may lead to laws that are not fully aligned with the nuanced principles of the faith. In this context, questions about the authenticity of the consensus underlying legislative decisions naturally arise. It becomes essential to evaluate whether the legislative process genuinely reflects the Islamic consensus when lawmakers may not have a solid understanding of the intricacies of Shariah.
- Divergent Interpretations and the Challenge of Consensus
Islamic jurisprudence accommodates diverse interpretations of religious principles. In modern parliamentary systems, lawmakers may hold differing views on what constitutes compliance with Islamic law. This diversity of perspectives can create complexity and ambiguity when seeking a unanimous agreement within the context of diverse interpretations of Islamic principles. The multifaceted nature of Islamic jurisprudence often means that the legislation may not be universally perceived as the consensus, as interpretations can vary significantly. Consequently, navigating these differing perspectives presents a challenge when striving to achieve a unanimous consensus in the legislative process. It underscores the complex and multifaceted nature of conducting Ijma in modern Islamic states, where diverse interpretations contribute to the challenges in reaching a consensus that is universally accepted.
- Challenges Arising from Sectarian Tensions in Islamic Governance
Sectarianism and the presence of sectarian divides further compound the challenge of reaching a unified consensus within modern Islamic states. The existence of various sects and sectarian differences can make it challenging to enact legislation that genuinely represents the broader Muslim community. These sectarian differences can influence legislative decision-making and lead to contentious issues and debates. Sectarian tensions in the legislative process can introduce complications, often rendering the attainment of a unified consensus more challenging. The added layer of complexity presented by sectarian divides highlights the intricacies and challenges faced by modern Islamic states when striving to enact legislation that is universally accepted as a valid consensus.
How can modern Islamic states endeavour to establish unanimous consensus?
Contemporary examples of parliamentary legislation in Islamic countries offer valuable insights into the application of Ijma in modern governance. For instance, some Muslim-majority countries have established parliamentary bodies to pass legislation concerning family law, economic policy, and social issues. In countries like Turkey, Tunisia, and Indonesia, parliamentary decisions have aimed to align with Islamic principles while accommodating modern needs. These include legal reforms related to women’s rights, political representation, and economic justice, which aim to strike a balance between tradition and contemporary challenges. Such efforts are indicative of the ongoing discourse on how to uphold Islamic values while adapting to evolving societal needs.
However, these parliamentary decisions are not without challenges and controversies. Critics argue that some legislation may not always represent the unanimous consensus of Islamic scholars, potentially deviating from the traditional Ijma. Disagreements can arise over the interpretation of Islamic principles, leading to diverse views on what constitutes compliance with Islamic law. This debate highlights the need for continuous dialogue and scholarship to ensure that parliamentary decisions in Islamic countries uphold the essence of Ijma while addressing the complexities of modern governance and diverse societal needs.
“Contemporary governance in Islamic countries must navigate the waters of tradition and modernity, seeking the consensus of both Islamic scholars and the diverse voices of the Muslim community.”
(Imam Al-Ghazali)
Conclusion
In conclusion, Ijma, as a source of Islamic law, stands as a testament to the dynamic and adaptable nature of Islamic jurisprudence. The unanimous consensus of qualified scholars within the Muslim community, whether among the Companions, the Successors, or later jurists, has played a vital role in addressing the multifaceted challenges that span generations. Supported by references from the Holy Quran, Hadith, and the insights of renowned Islamic scholars, Ijma continues to serve as a cornerstone for interpreting and developing Islamic law. Whether it be the significance of Ijma as-Sahabah, Ijma al-Tabi’un, or Ijma al-Fuqha, it reinforces the need for a collective understanding and application of Islamic principles in an ever-changing world. As we reflect on this source of law, we are reminded of the enduring wisdom of the Muslim community and the critical importance of consensus in maintaining the unity and cohesiveness of Islamic jurisprudence for generations to come.
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CSS 2023 Solved Islamiat
| 2- | What is the Quranic argument on life Hereafter? What are its impacts on the individual and collective life of a human being? |
| 3- | Discuss the Holy Prophet’s (PBUH) role as a Model for Military Strategy. |
| 4- | Elaborate on the rights of daughters granted by Islam and how these are denied by Muslims in the contemporary world. |
| 5- | Defind Ijma (consensus) and explain its different kinds. Can legislation by a parliament of an Islamic state be regarded as a valid consensus? |
| 6- | Analyze the Charter of Madina as a social contract. |
| 7- | What are the motives of extremism in Pakistan? How can society get rid of extremism by following the teachings of Islam? |
| 8- | Write Notes on the following: a. Human rights in the light of the Sermon of Farewell Pilgrimage. b. Social Justice in an Islamic Society. |
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