Is the opinion of the fiqh councils considered scholarly consensus (ijma')?
Machine translationRead the Arabic original
The questioner:
And what was not consensus and not a ruling of the Shari'ah. And what is not followed are the types of opinions of the members, for they have heard of permissibility, and when I asked one of the scholars, he said, "This is forbidden (haram)" and "This is not permissible (la yajuz)." If you took their heads, they would answer, "You are the one who is wrong." Look, I still do not feel that insurance is permissible; it is not forbidden, so they equated it with prohibition. Likewise, the transmission of the scholars did not reach consensus; they were silent on specific issues only. The transmission of the scholars, the members, in every matter.
The Shaykh:
This is what is called consensus (ijma'), even if it is a study of a fatwa, it is not said that this is consensus, but rather it is said that this is the opinion of the people of fatwa, this is the opinion of the people of fatwa in the country. Consensus (ijma') requires all the scholars of the Muslims to agree on this ruling.
The questioner:
The Shaykh: Does the ruling of Allah accept what is read from the migrants existing in the Islamic world as consensus (ijma')?
The Shaykh:
No, this is not the place of consensus (ijma'), but rather one takes comfort with it, one takes comfort with the agreement of the members of the council or the members of ijtihad on this matter, it gives it strength and one takes comfort with it, and the primary basis is the evidence (dalil). If they have clear evidence with them, the primary basis is the evidence. Yes.
And what was not consensus and not a ruling of the Shari'ah. And what is not followed are the types of opinions of the members, for they have heard of permissibility, and when I asked one of the scholars, he said, "This is forbidden (haram)" and "This is not permissible (la yajuz)." If you took their heads, they would answer, "You are the one who is wrong." Look, I still do not feel that insurance is permissible; it is not forbidden, so they equated it with prohibition. Likewise, the transmission of the scholars did not reach consensus; they were silent on specific issues only. The transmission of the scholars, the members, in every matter.
The Shaykh:
This is what is called consensus (ijma'), even if it is a study of a fatwa, it is not said that this is consensus, but rather it is said that this is the opinion of the people of fatwa, this is the opinion of the people of fatwa in the country. Consensus (ijma') requires all the scholars of the Muslims to agree on this ruling.
The questioner:
The Shaykh: Does the ruling of Allah accept what is read from the migrants existing in the Islamic world as consensus (ijma')?
The Shaykh:
No, this is not the place of consensus (ijma'), but rather one takes comfort with it, one takes comfort with the agreement of the members of the council or the members of ijtihad on this matter, it gives it strength and one takes comfort with it, and the primary basis is the evidence (dalil). If they have clear evidence with them, the primary basis is the evidence. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 34 من 36 /شرح العقيدة الواسطية (شرح قديم)/اتباع آثار رسول الله/صالح الفوزان/العقيدة/كبار العلماء — youtube.com (1:02:24)
The Arabic text is a machine transcription of the audio recording.
