Ijma in the context of Sunnis


Ijma in the context of Sunnis

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⭐ Core Definition: Ijma

Ijma (Arabic: إجماع, romanizedijmāʿ, lit.'consensus', IPA: [ʔid͡ʒ.maːʕ]) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard it as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah.Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of Ijma (i.e., lack of consensus on a point of Islamic law) is called ikhtilaf.

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Ijma in the context of Sunni Muslims

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki and Shafi'i.

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Ijma in the context of Sharia

Sharia (/ʃəˈrə/; Arabic: شَرِيعَة, romanizedsharīʿah, lit.'path [to water]', IPA: [ʃaˈriːʕa]), also transliterated as Sharī'ah, Shari'a, or Shariah, is a body of religious law that form the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; it has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.

Traditional theory of Islamic jurisprudence recognizes four sources for al-sharia: the Qur'an, sunnah (or authentic ahadith), ijma (lit. consensus) (may be understood as ijma al-ummah (Arabic: إجماع الأمة) – a whole Islamic community consensus, or ijma al-aimmah (Arabic: إجماع الائـمـة) – a consensus by religious authorities), and analogical reasoning. It distinguishes two principal branches of law, rituals (Ibadah) and social dealings (Muamalat); subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics assigning actions – capable of settling into different categories according to different understandings – to categories (ahkam) mainly as: mandatory, recommended, neutral, abhorred, and prohibited. Beyond legal norms, Sharia also enters many areas that are considered private practises today, such as belief, worshipping, ethics, clothing and lifestyle, and gives to those in command duties to intervene and regulate them.

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Ijma in the context of Ijtihad

Ijtihad (/ˌɪtəˈhɑːd/ IJ-tə-HAHD; Arabic: اجتهاد ijtihād [ʔidʒ.tihaːd], lit.'physical effort' or 'mental effort') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a "mujtahid".

For the first five centuries of Islam, the practice of ijtihad continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the 12th century. By the 14th century, development of classic Islamic jurisprudence or fiqh prompted leading Sunni jurists to state that the main legal questions in Islam had been addressed, and to call for the scope of ijtihad to be restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus (Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids. Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly.

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Ijma in the context of Hanafi

The Hanafi school or Hanafism is the largest school of Islamic jurisprudence out of the four principal schools within Sunni Islam. It developed from the teachings of the jurist and theologian Abu Hanifa (c. 699–767 CE), who systemised the use of reasoning (ra'y). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (sunnah), scholarly consensus (ijma) and analogical reasoning (qiyas), but also considers juristic discretion (istihsan) and local customs (urf). It is distinctive in its greater usage of qiyas than other schools.

The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuks. The region of Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of the school, eventually codifying it as the Mecelle in the 1870s.

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Ijma in the context of Principles of Islamic jurisprudence

Principles of Islamic jurisprudence (Arabic: أصول الفقه, romanizedʾUṣūl al-Fiqh) are traditional methodological principles used in Islamic jurisprudence (fiqh) for deriving the rulings of Islamic law (sharia).

Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools (madhahib). This interpretive apparatus is brought together under the rubric of ijtihad, which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (ʿaql) as a source of law in place of qiyās and extension of the notions of hadith and sunnah to include traditions of the imams.

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Ijma in the context of Shafi'ism

The Shafi'i school or Shafi'i Madhhab (Arabic: ٱلْمَذْهَب ٱلشَّافِعِيّ, romanizedal-madhhab al-shāfiʿī) or Shafi'i is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionist al-Shafi'i (c. 767–820 CE), "the father of Muslim jurisprudence", in the early 9th century.

The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafiʽi recognize the First Four Caliphs as the Islamic prophet Muhammad's rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving (the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community) was "accepted but not stressed". The school rejected the dependence on local traditions as the source of legal precedent and rebuffed the Ahl al-Ra'y (personal opinion) and the Istiḥsān (juristic discretion).

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Ijma in the context of Women in Islam

The experiences of Muslim women (Arabic: مسلمات Muslimāt, singular مسلمة Muslimah) vary widely between and within different societies due to culture and values that were often predating Islam's introduction to the respective regions of the world. At the same time, their adherence to Islam is a shared factor that affects their lives to a varying degree and gives them a common identity that may serve to bridge the wide cultural, social, and economic differences between Muslim women.

Among the influences which have played an important role in defining the social, legal, spiritual, and cosmological status of women in the course of Islamic history are the sacred scriptures of Islam: the Quran; the ḥadīth, which are traditions relating to the deeds and aphorisms attributed to the Islamic prophet Muhammad and his companions; ijmā', which is a scholarly consensus, expressed or tacit, on a question of law; qiyās, the principle by which the laws of the Quran and the sunnah or prophetic custom are applied to situations not explicitly covered by these two sources of legislation; and fatwā, non-binding published opinions or decisions regarding religious doctrine or points of law. In the Islamic understanding, children are not held responsible; gender roles, obligations or restrictions become clear when a person reaches the age of maturity.

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Ijma in the context of Islamic family jurisprudence

Islamic family jurisprudence (Arabic: فقه الأسرة الإسلامية, faqah al'usrat al'iislamia) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains pubertal, marital, sexual, child upbringing, adoption and fostering, inheritance, criminal and other related subjects. The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.

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Ijma in the context of Sunni muslims

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four predominant legal schools: Hanafi, Maliki, Shafi'i and Hanbali.

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Ijma in the context of Hanafi school

The Hanafi school or Hanafism is the largest school of Islamic jurisprudence out of the four principal schools within Sunni Islam. It developed from the teachings of the jurist and theologian Abu Hanifa (c. 699–767 CE), who systemised the use of reasoning (ra'y). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (sunna), scholarly consensus (ijma) and analogical reasoning (qiyas), but also considers juristic discretion (istihsan) and local customs (urf). It is distinctive in its greater usage of qiyas than other schools.

The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuks. The region of Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of the school, eventually codifying it as the Mecelle in the 1870s.

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Ijma in the context of Shafi'i school

The Shafi'i school (Arabic: ٱلْمَذْهَب ٱلشَّافِعِيّ, romanizedal-madhhab al-shāfiʿī) is one of the four major schools of Islamic jurisprudence. It belongs to the Ahl al-Hadith tradition within Sunni Islam. It is named after the Muslim scholar, jurist, and traditionist al-Shafi'i (c. 767–820 CE), also known as "the father of Muslim jurisprudence", in the early 9th century. One who subscribes to the Shafi'i school is called a Shafi'i (Arabic: ٱلشَّافِعِيّ, romanizedal-shāfiʿī, pl. ٱلشَّافِعِيَّة, al-shāfiʿīyah or ٱلشَّوَافِع, al-shawāfiʿ).

The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafiʽi recognize the First Four Caliphs as the Islamic prophet Muhammad's rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving (the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community) was "accepted but not stressed". The school rejected the dependence on local traditions as the source of legal precedent and rebuffed the Ahl al-Ra'y (personal opinion) and the Istiḥsān (juristic discretion).

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Ijma in the context of Zahiri

The Zahiri school or Zahirism is a school of Islamic thought within Sunni Islam. It was named after Dawud al-Zahiri and flourished in Spain during the Caliphate of Córdoba under the leadership of Ibn Hazm. It was also followed by the majority of Muslims in Mesopotamia, Portugal, the Balearic Islands, and North Africa. The Zahiri school lost its presence around the 14th-century. The school is considered to be endangered, but it continues to exert influence over legal thought. Today it is followed by minority communities in Morocco and Pakistan.

The Zahiri school is characterized by strict adherence to literalism and reliance on the outward (ẓāhir) meaning of expressions in the Quran and a limited amount of ḥadīth literature; the consensus (ijmāʿ) of the first generation of Muhammad's closest companions (ṣaḥāba) excluding the scholars, for sources of Islamic law (sharīʿa); and rejection of analogical deduction (qiyās) and societal custom or knowledge (urf), used by other schools of Islamic jurisprudence.

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Ijma in the context of Salafi movement

The Salafi movement or Salafism (Arabic: السلفية, romanizedas-Salafiyya) is a fundamentalist revival movement within Sunni Islam, originating in the late 19th century and influential in the Islamic world to this day. The name "Salafiyyah" is a self-designation, claiming a return to the traditions of the predecessors (salaf), the first three generations of Muslims (the Islamic prophet Muhammad and the Sahabah [his companions], then the Tabi'in, and the third generation, the Tabi' al-Tabi'in), who are believed to exemplify the pure form of Islam. In practice, Salafis claim that they rely on the Qur'an, the Sunnah and the Ijma (consensus) of the salaf, giving these writings precedence over what they claim as "later religious interpretations". The Salafi movement aimed to achieve a renewal of Muslim life, and had a major influence on many Muslim thinkers and movements across the Islamic world.

Salafi Muslims oppose bid'ah (religious innovation) and support the implementation of sharia (Islamic law). In its approach to politics, the Salafi movement is sometimes divided by Western academics and journalists into three categories: the largest group being the purists (or quietists), who avoid politics; the second largest group being the activists (or Islamists), who maintain regular involvement in politics; and the third group being the jihadists, who form a minority and advocate armed struggle to restore early Islamic practice. In legal matters, Salafis advocate ijtihad (independent reasoning) and oppose taqlid (blind faith) to the four schools (madhahib) of Islamic jurisprudence.

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