Principles of Islamic Jurisprudence by MH kamali

But al asmidi prefers the majority view on this point

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: h heresy and bid'ah are qualified to participate in ijma`. According to the majority view, if a faqih is known to have actively invited the people to bid'ah, he is excluded from ijma' ; otherwise he is included in the ranks of ahl al-ijma'. [15. Abu Zahrah, Usul, p.162.] The Hanafis preclude a transgressor (fasiq) and one who does not act upon his doctrine from being among the ahl al ijma`, whereas the Shafi'is and some Malikis maintain that a mere transgression is no disqualification. Ihkam, I, 261; `Abdur Rahim, Jurisprudence, p.122.] Some fuqaha have held that ijma` is concluded only with the disappearance of the generation (inqirad al-'asr), that is, when the mujtahidun who took part in it have all passed away. For if any of them is known to be alive, there would still be a possibility that he may change his view, in which case the ijma` would collapse. A corollary of this rule is that ijma` is retrospective, in that it only binds succeeding generations but not its own constituents. p.164.] The majority of jurists, however, maintain that this is not a condition of ijma` and that ijma` not only binds the next generation but also its own participants, as it would only be reasonable to expect that if ijma` did not bind its participants, it should not bind anyone else either. Principles of Islamic Jurisprudence ~ Kamali 160 [14. Shawkani, [16. Amidi, [17. Abu Zahrah, Usul, [18. Shawkani, Irshad, p.71.] With regard to the tacit ijma `(for which see below), too, some jurists have held that it is concluded only after the death of its participants, so that it can be established that none of them have subsequently expressed an opinion. For when they break their silence they will no longer be regarded as silent participants, and may even turn a tacit ijma` into an explicit one. The majority of ulema, nevertheless, refuse to place any importance on the `disappearance of the generation', for in view of the overlapping of generations (tadakhul al-a'sar), it is impossible to distinguish the end of one generation from the beginning of the next. Thus the period of the Companions cannot be clearly distinguished from that of the Successors, nor can any other period be so distinguished from its preceding or succeeding generations. [19. Amidi, Ihkam, I, 257; Ibn Hazm, Ihkam, IV, 154.] However, al-Ghazali, to all intents and purposes, has resolved this question by stating that `for the formation of ijma `, it is enough that agreement should have taken place, even if only for an instant'. Ghazali, Mustasfa, I, 121.] When ijma` fulfills the foregoing requirements, it becomes binding (wajib) on everyone. Consequently, the mujtahidun of a subsequent age are no longer at liberty to exercise fresh ijtihad over the same issue. For once it is concluded, ijma` is not open to amendment or abrogation (naskh). The rules of naskh are not relevant to ijma` in the sense that ijma` can neither repeal nor be repealed. This is the majority view, although some jurists have stated that the constituents of ijma`...
View Full Document

This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

Ask a homework question - tutors are online