فقہ اسلامی میں اجماع کا تصور اور عصر حاضر میں اس کے امکانات: تحقیقی و تجزیاتی مطالعہ

(The Concept of Ijma (Consensus) in Islamic Jurisprudence and Its Contemporary Possibilities: An Analytical and Research-Based Study)

Abstract

Ijma (consensus) is one of the most beneficial and important discussions in the science of Usul al-Fiqh (Principles of Islamic Jurisprudence). It has garnered special attention from the esteemed scholars and thinkers of the Ummah, because it is considered the strongest and most authoritative proof after the primary texts—the Qur'an and the Sunnah.

When a mujtahid (qualified jurist) is faced with a new event or issue and seeks to know the ruling of the Shari'ah, he first refers it to the Book of Allah, which is the primary and comprehensive source of Islamic law. If he does not find the required answer there, he then turns to the Sunnah of the Messenger of Allah ﷺ, as it is the second most important source of Shari'ah.

If, despite searching both, he still does not find the answer he is seeking, he then examines whether there is a consensus (ijma) of previous scholars on the matter. If such a consensus exists, he acts upon it and issues a fatwa based on it, with a heart at ease, because the Ummah cannot collectively agree upon misguidance or error, as the Noble Prophet ﷺ truthfully said.

And if no ijma is found, then he resorts to other well-known evidences recognized in Usul al-Fiqh, such as qiyas (analogical reasoning), istishab (presumption of continuity), maslahah mursalah (public interest), and so on.