Title Islamic jurisprudence part 2 question no 04-C Ijma as a source of Islamic Law..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ISLAMIC JURISPRUDENCE for LLB part 02 you can watch lecture of this question from here. https://www.youtube.com/watch?v=Dx-SDx2h5rQ&list=PLXTPClsX2hdDAJXE- FPkRXeZKXLnvAIPB&pp=iAQB Question # 04(C): Define Ijma and explain how it is conducted in Islamic law? Or explain Ijma as a source of Islamic law? 1. INTRODUCTION: Ijma is an Islamic concept that refers to the consensus or agreement of the Muslim community. It is an important source of Islamic law and is used to determine religious practices and rulings. Ijma is based on the idea that the collective opinion of the community is more reliable than the individual opinion of a scholar. Ijma is also another important primary
source of Islamic law and being primary source of Islamic law, it has great importance in the field of Islamic legislation. 2. MEANING OF IJMA: Ijma can be consider in two senses. ❖Determination and resolution ❖Agreement upon a matter 3. DEFINITION OF IJMA: Ijma is defined as the agreement of the jurists among the followers of Muhammadan in a particular period on a particular question. 4. IMPORTANCE OF IJMA AS A SOURCE OF ISLAMIC LAW: Ijma, which refers to the consensus of Muslim scholars, is an important source of Islamic law. It helps to ensure the unity of the Muslim community and provides guidance on issues where the Quran and Hadith are silent or unclear. After Quran and Sunnah, ijma also has great importance in the field of Islamic legislation. 5. OBJECT OF IJMA AS A SOURCE OF ISLAMIC LAW: In Islamic legislation, the object of Ijma is to establish a consensus among scholars on matters of religious doctrine and practice. Ijma is considered as the third primary source of Islamic law after the Quran and Hadith. The consensus of scholars serves as a strong basis for legal rulings. 6. BASIS OF IJMA: Ijma is based on the followings. ❖Quran. ❖Sunnah. ❖Analogy.
7. EXAMPLE OF IJMA: Here are two examples of Ijma: • The consensus among Islamic scholars that it is not permissible to consume alcohol. This is based on the Hadith of the Prophet Muhammad (peace be upon him) which states that alcohol is the mother of all evils and that it should be avoided. • The consensus among Islamic scholars that the punishment for theft in Islamic law is amputation of the thief's hand. This is based on the interpretation of the Quran and Hadith, as well as the consensus of early Muslim scholars. 8. ARGUMENTS IN FAVOR OF IJMA: Hazrat Muhmmad (S.A.W) was the last messenger of almighty Allah and Allah almighty has completed Islamic religion upon him. So if one fails to derive any rule from Quran and Sunnah then it must be deducted in the light of Quran and Sunnah so, ijma is permitted. 9. QURANIC VERSES IN SUPPORT OF IJMA: A verse that supports the concept of ijma is found in Surah Al-Baqarah, where Allah says: "O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result." (4:59) This verse encourages believers to seek guidance and resolution through the authority figures within their community, which is another way of referring to the concept of ijma.
10. HADITH IN SUPPORT OF IJMA: Following Ahadith are supporting the concept of ijma in Islam. ❖“My followers will never agree upon which is wrong.” ❖“Whoever separates himself (from the main body) will go to hell.” 11. KINDS OF IJMA: Following are the kinds of Ijma. I. Express Ijma. II. Tacit Ijma. 12. WHO CAN PERFORM IJMA: Only Muslim Mujtahid and jurists can perform Ijma and they must possessed following qualifications. ❖Scholar of Quran and sunnah. ❖Knows Qiyas. ❖Expert of Arabic language. ❖Impartial thinking. ❖Knows the principle of NASKH. ❖Well versed with Up to date knowledge. 13. CONDITIONS FOR THE VALIDITY OF IJMA: For an Ijma to be considered valid, it must meet certain conditions, which can be outlined as follows: I. QUALIFICATIONS OF THE SCHOLARS: The scholars who participate in the Ijma must be qualified and possess the necessary expertise and knowledge in the relevant fields. II. CONSENUS OF OPINION: