The Occurrence of Consensus in This Era
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Fatwa No. ( 13956 )
Q: Is it possible for consensus to occur in this era given the vastness of the Islamic world? And is what is issued by the Islamic Fiqh Academy, if agreed upon by all its members, considered consensus? And is there a possibility of consensus from other than this Academy in your view? Please inform us, may Allah reward you.
A: First: Most scholars of the principles of jurisprudence have established the possibility of knowing the consensus of the people of judgment and binding (ahl al-hall wa al-'aqd) among the scholars, and their awareness of their agreement on the ruling of a specific case, such as the permissibility of a master having intercourse with his slave woman.
and enjoying her through his right of ownership, and the prohibition of a slave enjoying his master’s female slave through intercourse or its preliminaries. They provided evidence for this from the Book and the Sunnah. The minority denied this, based on their view that the scholars dispersed after the death of the Prophet (peace and blessings be upon him) and settled in distant lands, making it difficult to know the ruling of each of them. This was answered by stating that it is refuted by the occurrence of consensus and its knowledge, as in the two examples mentioned and others cited in the book (Manazil al-Ijma' / Ranks of Consensus). Among the evidence cited by those who affirm it is the saying of Allah the Exalted:[An-Nisa 4:115] . See the remaining evidence in (pp. 176 - 192 of Vol. 19) and (pp. 10, 11 of Vol. 20) of (Majmu' al-Fatawa / Collection of Fatwas) by Ibn Taymiyyah . Also see their evidence, the method of their argumentation, the discussion thereof, and the refutation in the third issue of the issues of consensus, in the first part of the book (Al-Ihkam) by al-Amidi . The minority, who are the deniers, argued that the scholars of this Ummah dispersed in distant lands after the death of their Prophet (peace and blessings be upon him), so knowing the ruling
and becoming aware of consensus is difficult. For this reason, it is narrated from Imam Ahmad ibn Hanbal that he said: "Whoever claims the existence of consensus is a liar." This was answered by stating that it is refuted by the occurrence of consensus and its knowledge, as in the two examples mentioned, and as cited in the book (Manazil al-Ijma' / Ranks of Consensus) by Ibn Hazm with the commentary of Ibn Taymiyyah on it. And the answer to the aforementioned statement of Imam Ahmad is that he said it out of scrupulousness (wara') and to deter boldness in claiming consensus without seeking and tracing the statements of scholars, or he said it regarding one who has no knowledge, or he denied consensus after the Companions, or after the three praiseworthy centuries. See pp. 315, 316 of (Mawsu'at al-Taymiyyah / The Taymiyyah Encyclopedia). Finally, the view that consensus is established in the era of the Companions is close to the truth; due to the small number, the relative proximity of lands, the earnest effort in seeking knowledge, and the care for it, along with the limitation of disagreement and the narrowness of its scope. And assuming awareness of the consensus of those after them in any era, it is a proof. And on this basis, the other narration from Imam Ahmad (may Allah be pleased with him) regarding the possibility of consensus and awareness of its establishment is understood. Second: What is issued by the (Islamic Fiqh Academy) as rulings agreed upon by all its members - is not considered a legal (Shari'ah) consensus; because its members are not all the people of judgment and binding (ahl al-hall wa al-'aqd) of this Ummah.
Third: It is usually unlikely that one would become aware of the consensus of the people of judgment and binding in any era of this Ummah other than the era of the Companions (may Allah be pleased with them); for the reasons mentioned above. For this reason, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in (Al-'Aqidah al-Wasitiyyah / The Middle Creed): "And the consensus that is controlled is what was upon the righteous Salaf, for after them, disagreement increased and the Ummah dispersed." And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: Is it possible for consensus to occur in this era given the vastness of the Islamic world? And is what is issued by the Islamic Fiqh Academy, if agreed upon by all its members, considered consensus? And is there a possibility of consensus from other than this Academy in your view? Please inform us, may Allah reward you.
A: First: Most scholars of the principles of jurisprudence have established the possibility of knowing the consensus of the people of judgment and binding (ahl al-hall wa al-'aqd) among the scholars, and their awareness of their agreement on the ruling of a specific case, such as the permissibility of a master having intercourse with his slave woman.
and enjoying her through his right of ownership, and the prohibition of a slave enjoying his master’s female slave through intercourse or its preliminaries. They provided evidence for this from the Book and the Sunnah. The minority denied this, based on their view that the scholars dispersed after the death of the Prophet (peace and blessings be upon him) and settled in distant lands, making it difficult to know the ruling of each of them. This was answered by stating that it is refuted by the occurrence of consensus and its knowledge, as in the two examples mentioned and others cited in the book (Manazil al-Ijma' / Ranks of Consensus). Among the evidence cited by those who affirm it is the saying of Allah the Exalted:
And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.
وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًاand becoming aware of consensus is difficult. For this reason, it is narrated from Imam Ahmad ibn Hanbal that he said: "Whoever claims the existence of consensus is a liar." This was answered by stating that it is refuted by the occurrence of consensus and its knowledge, as in the two examples mentioned, and as cited in the book (Manazil al-Ijma' / Ranks of Consensus) by Ibn Hazm with the commentary of Ibn Taymiyyah on it. And the answer to the aforementioned statement of Imam Ahmad is that he said it out of scrupulousness (wara') and to deter boldness in claiming consensus without seeking and tracing the statements of scholars, or he said it regarding one who has no knowledge, or he denied consensus after the Companions, or after the three praiseworthy centuries. See pp. 315, 316 of (Mawsu'at al-Taymiyyah / The Taymiyyah Encyclopedia). Finally, the view that consensus is established in the era of the Companions is close to the truth; due to the small number, the relative proximity of lands, the earnest effort in seeking knowledge, and the care for it, along with the limitation of disagreement and the narrowness of its scope. And assuming awareness of the consensus of those after them in any era, it is a proof. And on this basis, the other narration from Imam Ahmad (may Allah be pleased with him) regarding the possibility of consensus and awareness of its establishment is understood. Second: What is issued by the (Islamic Fiqh Academy) as rulings agreed upon by all its members - is not considered a legal (Shari'ah) consensus; because its members are not all the people of judgment and binding (ahl al-hall wa al-'aqd) of this Ummah.
Third: It is usually unlikely that one would become aware of the consensus of the people of judgment and binding in any era of this Ummah other than the era of the Companions (may Allah be pleased with them); for the reasons mentioned above. For this reason, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in (Al-'Aqidah al-Wasitiyyah / The Middle Creed): "And the consensus that is controlled is what was upon the righteous Salaf, for after them, disagreement increased and the Ummah dispersed." And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
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Source
www.alifta.gov.sa
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