What is the reality of the ijma' (scholarly consensus) that is established? And is it necessary for ijma' to have a basis from the Book and the Sunnah?
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The questioner : What is the reality of the ijma' (scholarly consensus) that is established? And is it necessary for ijma' to have a basis from the Book and the Sunnah?
The Shaykh : The ijma' (scholarly consensus) that can be affirmed as valid is only that which is known from the religion by necessity. This is what our Lord, Mighty and Majestic, indicated in the noble verse that we have repeated on many occasions, which is His saying:[An-Nisa 4:115] The path of the believers is the ijma' (scholarly consensus) that it is not permissible to contradict. As for theoretical ijma' (scholarly consensus), this cannot be realized because scholars differ in their understanding of many texts from the Book or the Sunnah. For this reason, Imam Abdullah ibn Ahmad narrated from his father that he said: "Whoever claims ijma' (scholarly consensus) has lied, and how does he know? Perhaps they differed." In this statement, he is referring to the ijma' (scholarly consensus) that scholars call what I mentioned earlier as theoretical ijma' (scholarly consensus). As for practical ijma' (scholarly consensus), which the Muslims have followed, that is the ijma' (scholarly consensus) that a claimant can and should claim. The truth is that one who reads the books of the scholars of usul al-fiqh (the principles of jurisprudence) finds them differing greatly in defining ijma' (scholarly consensus). Some say, and this agrees with the previous ijma' (scholarly consensus), that ijma' (scholarly consensus) is the consensus of the Ummah of Muhammad. Some narrow the circle and say it is the consensus of the scholars of the Muslims. Some say it is the consensus of a specific Islamic country, such as the consensus of the people of Madinah, which is known to be part of the madhhab (school of jurisprudence) of Malik. Some say it is the consensus of the people of Kufa, and so on. None of these ijma's (scholarly consensus) can be described as such. The scholars of usul al-fiqh (the principles of jurisprudence) have these multiple, conflicting opinions. The statement of Imam Ahmad applies to all claimed ijma's (scholarly consensus) except the first one, which is the consensus of the Ummah, and that is the path of the believers.
The Shaykh : The ijma' (scholarly consensus) that can be affirmed as valid is only that which is known from the religion by necessity. This is what our Lord, Mighty and Majestic, indicated in the noble verse that we have repeated on many occasions, which is His saying:
