al-Ijma fi al-Sharia al-Islamiyya
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- Editions
- al-Jāmi‘ah al-Islāmīyah
al-Ijma fi al-Sharia al-Islamiyya (Consensus in Islamic Law) is a legal theory (usul al-fiqh) treatise by the contemporary scholar Rushdi Aliyan, examining the foundational proof of scholarly consensus (ijma), its legal authority, conditions, and participants . Written while Aliyan served as an associate professor in the College of Da'wah and Usul al-Din at the Islamic University of Medina, the work was published in the university's academic journal in 1397 AH (1977 CE) .
Purpose and Structure
Aliyan positions consensus as the primary source of Islamic legislation following the explicit textual proofs of the Quran and the Sunnah, citing early precedents such as the consultative practice of Abu Bakr and Umar ibn al-Khattab . The treatise is organized around the two fundamental pillars (ruknan) of consensus into two major sections (mabhathan) :
- The agreed-upon subject (al-mujmaʿ ʿalayh): Covering the definition of ijma, its evidential foundation (sanad), its binding legal authority (hujjiyyah), its classifications, and the legal ruling on opposing it .
- The participants in consensus (al-mujmiʿun / ahl al-ijmaʿ): Analyzing the validity of consensus when restricted to specific groups, including the Companions (Sahaba), the four Rightly Guided Caliphs, the Prophet's household (Ahl al-Bayt), the scholars of Medina (Ahl al-Madinah), the scholars of Kufa and Basra, and the collective body of qualified jurists (mujtahidun) in any given era .
Method and Core Arguments
In defining consensus, Aliyan articulates several necessary conditions: the agreement must encompass all qualified jurists (mujtahidun) rather than laypeople or merely a majority; the scholars must belong to the Muslim community; the agreement must occur within a single era after the death of the Prophet ﷺ; and it must pertain to religious matters . He discusses the debate regarding whether ijma applies to non-religious worldly affairs, favoring the view of the majority of scholars who restrict its binding authority to religious matters .
Addressing the evidential basis (sanad) of consensus, Aliyan reviews the classical dispute over whether ijma can be an independent legislative source or must rely on an underlying textual or inferential proof. While noting that the majority require an underlying sanad, Aliyan maintains that once consensus is established among the scholars of an era, the binding authority transfers to the consensus itself, serving either to reinforce a definitive text or to elevate a probable proof to certainty .
The author also tackles modern skeptical claims regarding the impossibility of achieving consensus due to geographic dispersion and political or intellectual factionalism . He argues that modern developments in transportation, telecommunications, and media make convening international conferences of qualified jurists and surveying fatwas issued across the Muslim world practically feasible, ensuring that Islamic jurisprudence remains dynamic and responsive to contemporary crises .
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