Ijma Islamic Law 1 Law MMU

1. Feasibility of Ijma’
There are various views regarding on how far Muslim may follow the
consensus made by the scholars.
According to Muktazilah and some of Syiah’s scholars, they have concluded
that ijma’ is not feasible where all legal decision made are not legally binding for
Muslim to follow. This is because it seems impossible to obtain agreement among
scholars on a particular matter. First, their distant locations between one another
therefore had made their views to be unpractical. Second, some scholars are not
recognized by some other Muslim who follows different school of thought. Third,
it is difficult to distinguish between a true scholars and non-scholars and it cannot
be ensured that they will not change their opinion before an ijma’ is reached.
Zahiris and Imam Ahmad Hanbal concluded that ijma’ is feasible but
restricted only ijma’ of the companions of Prophet Muhammad alone. For
example, the ijma’ which states that 1/6 portion of the deceased shall be given to
both the grandparents of deceased shall be permissible to follow.
Imam Malik on the other hand concluded that ijma’ is feasible but
restricted only to ijma’ made by the people of Madinah.
While Syiah Imamiyyah only recognized the agreement of the members of
the Prophet’s family (ahlul bait) is to be feasible ijma’.
Abd al-Wahhab Khallaf is of the view that an ijma’ in accordance with its
classical definition is not feasible in modern times. Khallaf adds that it is unlikely
that ijma’ could be effectively utilized if it is left to Muslim individuals and
Nelfi Amiera Mizan
Multimedia University

2. communities without there being a measure of government intervention. But
ijma' could be feasible if it were to be facilitated by the ruling authorities. The
government in every Muslim country could, for example, specify certain
conditions for attainment to the rank of scholars, and reorganization through
certificate.
Nelfi Amiera Mizan
Multimedia University