Ijma:
When all judges in the Supreme Court unanimously agree to a
point and pronounce judgement on that point, it becomes a precedent and a
binding law. Similarly Ijma is a concept of law made by consensus of all
Islamic Jurists or other persons of knowledge and skill.
Ijma means the consensus of the companions and followers of
the prophet Muhammad. Abdul Rahim defines it as ‘the agreement of the jurists among
the followers of the prophet in a particular age on particular question.’ Ijma
is the doctrine of consensus and a source of harmony in Muslim community.
It is based on the belief that when all the most revered
persons of the society having maximum knowledge of the Quran have together
taken a decision, it should be for the benefit of the Muslim community.
After demise of the prophet, Islamic expansion took place
and a large number of new situations and problems cropped up, which would not
be decided with the reference of only Quran and Hadis. The jurists then took
the recourse to the principle of Ijma, which is based on tradition. Ijma is the
majority view of the Scholars. It became a communal legislation by the great
authorities. This was based on equity, public interest and sound precedent.
A good illustration for the principle of Ijma is occurred
right after the death of the prophet; no guidance was available on who would
now be successor of the prophet as a leader of the community i.e. Caliph. The election
of Abu Bakr to the post of the Caliph by the votes of the people was the first
manifestation of Ijma.
The authority of Ijma for legal innovation is very limited
and that is why it ranks lower than the Holy Quran.
Thanks for reading till the end. Please follow and share this blog for more law notes.
No comments:
Post a Comment