Secondary Sources of Islamic Law Ijma Consensus

Secondary Sources of Islamic Law Ijma Consensus
‘My community will never agree upon an error’. The Prophet’s Hadith encourages the use of consensus of opinion (ijma’). Outline:
 what consensus of opinion (ijma’) is, and how many kinds of ijma’ there are;
 who is qualified to practise it;
 give examples of how the Prophet and the Rightly Guided Caliphs practised ijma’.
Here candidates can say that the basis of ijma’ can be found not only in the ahadith but also in the Qur’an: ‘You are the best of the people evolved for the mankind enjoining what is right and forbidding what is evil’ (Al Imran 3:110). The word ijma’ itself means collecting or gathering or unanimity and is a secondary source of Islamic law. It is referred to when there is no clear teaching in the Qur’an or sunna but is always in harmony with the primary sources of Islamic law. There are two broad kinds of ijma’, the first is the general agreement of all Muslims in matters of belief and the second one is related to legal matters and can be defined as an agreement among a group of Muslims about an issue on which the Qur’an and sunna have not given a final word.
There is a difference of opinion amongst legal experts about who makes up this second group of Muslims. According to some it is agreement amongst the residents of Madina, others think it is the Prophet’s (pbuh) Companions whose ijma’ is valid as they were the most knowledgeable after the Prophet (pbuh) in matters of Islamic law. Yet others believe it should be the Rightly Guided Caliphs. According to Shi’a Muslims ijma’ of jurists of the same period as the Prophet (pbuh) or the Shi’a Imams is binding, another opinion is that ijma’ should be done by jurists who are experts on legal matters whilst yet another view is that the agreement of the Muslim community at large constitutes ijma’.
The Prophet practised ijma’ during his lifetime and here the candidates can give the examples of how he exercised ijma’ during the battles of Uhud and Trench. The compilation of the Qur’an during Abu Bakr’s caliphate, the reestablishment of tarawih prayers in the caliphate of ‘Umar and the adhan of Jumm’ah during the time of ‘Uthman can all be cited as examples of ijma’ practised by the Rightly Guided Caliphs

‘My community will never agree upon an error’. In your opinion why is this Hadith important for the practice of consensus (ijma)? [4]
The focus of the answer needs to be on stating the candidate’s views on the importance of the Hadith given in the question for the practice of ijma. It could be said that the Hadith gives legitimacy to the practice of ijma whereas another viewpoint could be that when a group of scholars well versed in the teachings of the Qur’an and Hadith reach a decision in the light of the primary sources of Islamic law their chances of reaching a wrong decision are rare.
Some strong candidates could develop the answer even further by saying that ijma of one generation can be revised by another which helps to keep Sharia laws in tune with the times.
All valid answers are to be credited.
How easy is it to use ijma in Islamic legal thinking today? [4]
Candidates could simply say that as ijma is the consensus of the majority opinion of Muslim jurists it is thus binding on Muslims and leaves no room for controversy. They could substantiate their answer with an example. However others could state that scholars differ in their definition of ijma or whose ijma should be accepted and hence it is not as straight forward to follow. Examples of these different opinions could be given. All valid answers must be credited.
What is the importance of consensus (ijma) in Islam? [4]
Candidates should not describe what ijma is but focus their answer on the need for importance of consensus of scholars having to judge on issues which are not clear in the Qur’an and Hadiths of the Prophet. Examples of ijma can be given by candidates. Excellent answers may well discuss ijma as a democratic principle in Islam.