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USUL AL-FIQH 2_2021 AL-IJMAA.pptx
- 1. 1 USUL FIQH 2 PRINCIPLES OF ISLAMIC JURISPRUDENCE داميت الحاج نورأسمح سيتي 2020/2021
- 2. THE THIRDSOURCE داميت الحاج نورأسمح سيتي 2020/2021 2
- 3. MEANING OF IJMA • DETERMINATION AND RESOLUTION • AGREEMENT LITERAL • THE CONSENSUS OF MUJTAHID (INDEPENDENT JURIST) FROM THE UMMAH OF MUHAMMAD PBUH AFTER HIS DEATH, IN A DETERMINED PERIOD UPON A RULE OF ISLAMIC LAW (HUKM SYAR’ I) TECHNICAL داميت الحاج نورأسمح سيتي 2020/2021 3
- 4. CONDITIONS OF VALIDITY OF IJMA THE UNANIMOUS AGREEMENT OF MUJTAHID (INDEPENDENT JURIST) FROM THE UMMAH OF MUHAMMAD PBUH AFTER HIS DEATH, IN A DETERMINED PERIOD UPON A RULE OF ISLAMIC LAW (HUKM SYAR’ I) داميت الحاج نورأسمح سيتي 2020/2021 4
- 5. 1) THE AGREEMENT MUST BE UNANIMOUS 2) WHO ARE NOT QUALIFIED WILL NOT CONSTITUTE IJMA 3) ALL MUJTAHID PARTICIPATING IN IJMA MUST FROM THE UMMAH OF MUHAMMAD 4) THE AGREEMENT MUST HAVE TAKEN PLACE AFTER THE DEATH OF PROPHET MUHAMMAD PBUH 5) THE AGREEMENT MUST BE AMONG THE MUJTAHIDS OF A SINGLE DETERMINED PERIOD 6) THE AGREEMENT MUST BE UPON HUKUM SYAR’ I 7) RELIED UPON A SANAD داميت الحاج نورأسمح سيتي 2020/2021 5
- 6. THE SANAD OF IJMA THE MAJORITY AGREE THAT EACH IJMA MUST HAVE A SANAD ON WHICH THE JURIST SHOULD RELY WHILE ARRIVING AT THE OPINION. EVIDENCES FROM AL-QURAN AND AL-SUNNAH ARE TO BE TREATED AS VALID SANADS FOR IJMA. EVIDENCES FROM QIYAS. *Sanad is the evidence (proof) upon which the mujtahids rely on, for arriving upon an agreement. (sanad = the basis) داميت الحاج نورأسمح سيتي 2020/2021 6
- 7. TYPES OF IJMA IJMA QAWLI / SARIH(EXPLICIT/EXPRESSIJMA ) • THE LEGAL OPINIONS OF ALL THE JURISTS OF ONE PERIOD COVERAGE IN RELATION TO A LEGAL ISSUE AND EACH OF THEM STATES HIS OPINION EXPLICITLY IJMA SUKUTI (TACIT IJMA) • SOME MUJTAHID ISSUE A VERDICT ON A LEGAL ISSUED ND THE REST OF THE MUJTAHID COME TO KNOW OF IT DURING THE SAME PERIOD BUT THEY KEEP SILENT داميت الحاج نورأسمح سيتي 2020/2021 7
- 8. THE LEGAL FORCE OF IJMA AS A SOURCE THE MAJORITY OF THE JURISTS AGREED UPON THE RULE THAT EXPLICIT IJMA IS A DEFINITIVE SOURCE AND IT IS OBLIGATORY TO ACT UPON IT, ITS OPPOSITION IS PROHIBITED. AL-NAZZAM AL-BASRI, A LEADING MU’ TAZILITE AND SOME OF KHAWARIJ SAID IJMA IS NOT A BINDING SOURCE داميت الحاج نورأسمح سيتي 2020/2021 8 FIRST: THE BINDING STRENGHTOF EXPLICIT (EXPRESS) IJMA
- 9. 1) TACIT IJMA IS NOT AN IJMA [MALIKITES AND IMAM AL-SHAFI’ I] 2) IT IS A LEGALLY BINDING AND DEFINITIVE SOURCE [HANAFI AND IMAM AHMAD IBN HANBAL] 3) IT IS A PROBABLE SOURCE [AL-KARKHI- HANAFI JURIST AND SHAFI’ I SCHOLAR] داميت الحاج نورأسمح سيتي 2020/2021 9 THE LEGAL FORCE OF IJMA AS A SOURCE SECOND: THE BINDING STRENGHT OF TACIT IJMA
- 10. IJMA IJMA SARIH / IJMA QAWLI IJMA SUKUTI MAJORITY – BINDING SOURCE AL-NAZZAM AL-BASRI KHAWARIJ NOT BINDING MAJORITY – BINDING SOURCE IMAM AL-SHAFI’I & MALIKITES – NOT IJMA داميت الحاج نورأسمح سيتي 2020/2021 10
- 11. Proof and Justification of Ijma’ as a Source of Islamic Law It is established by the Qur’an and the Sunnah. • The Qur’an: “ O ye who believe! Obey Allah and Obey the Messenger and those charged with authority among you (uli al-amr). If ye differ in anything among yourselves, refer it to Allah and His Messenger…” (al- Nisa’(4):59) The word ‘uli al-amr means ulama’ (scholars) of the community. Thus the agreement of the mujtahids is bound to follow. DETAILS OF ARGUMENT : READ NYAZEE, PG 187-190 داميت الحاج نورأسمح سيتي 2020/2021 11
- 12. شكرا داميت الحاج نورأسمح سيتي 2020/2021 12
Notas do Editor
- Mujtahid is one who exercises independent reasoning (ijtihad) in the interpretation of Islamic law. Qualifications include training in recognized schools of Islamic law and extensive knowledge of the Quran and hadith. In Islam, the title is reserved for the founders of the four official schools of Islamic law
- E.g. of ijma’ based on the Qur’an; The prohibition of marriage with grandmother and granddaughter. This ijma’ is relied on the verse “Prohibited to you (for marriage) your mothers, daughters…” (al-Nisa’(4):23). The jurists hold that the meaning of mother is an origin and daughter is a branch. حُرِّمَتۡ عَلَيۡڪُمۡ أُمَّهَـٰتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَٲتُڪُمۡ وَعَمَّـٰتُكُمۡ وَخَـٰلَـٰتُكُمۡ وَبَنَاتُ ٱلۡأَخِ وَبَنَاتُ ٱلۡأُخۡتِ وَأُمَّهَـٰتُڪُمُ ٱلَّـٰتِىٓ أَرۡضَعۡنَكُمۡ وَأَخَوَٲتُڪُم مِّنَ ٱلرَّضَـٰعَةِ وَأُمَّهَـٰتُ نِسَآٮِٕكُمۡ وَرَبَـٰٓٮِٕبُڪُمُ ٱلَّـٰتِى فِى حُجُورِڪُم مِّن نِّسَآٮِٕكُمُ ٱلَّـٰتِى دَخَلۡتُم بِهِنَّ فَإِن لَّمۡ تَكُونُواْ دَخَلۡتُم بِهِنَّ فَلَا جُنَاحَ عَلَيۡڪُمۡ وَحَلَـٰٓٮِٕلُ أَبۡنَآٮِٕڪُمُ ٱلَّذِينَ مِنۡ أَصۡلَـٰبِڪُمۡ وَأَن تَجۡمَعُواْ بَيۡنَ ٱلۡأُخۡتَيۡنِ إِلَّا مَا قَدۡ سَلَفَۗ إِنَّ ٱللَّهَ كَانَ غَفُورً۬ا رَّحِيمً۬ا (٢٣) Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step daughters under your guardianship, born of your wives to whom you have gone in - but there is no sin on you if you have not gone in them (to marry their daughters), - the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allâh is Oft¬Forgiving, Most Merciful. (23) E.g. of ijma’ based on the Sunnah. Ijma’ on the portion of grandmother in inheritance is one-sixth. This ijma’ is based on the Sunnah where the Messenger awarded one-sixth to the grandmother.
- The majority of Muslim jurists, particularly the jurists of four well-known schools of law, are in agreement that express ijma’ is an authoritative source of Islamic law. • It is incumbent on the Muslim to follow the legal rule of Islamic law that derived from ijma’ as similar to the rule established by the text of the Qur’an and the Sunnah. • The legal rule based on ijma’ is definitive and it is not permitted to oppose it.
- The Authoritativeness Of Ijma’
- The Authoritativeness Of Ijma’