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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

c. Such consensus or unanimity must be clearly reflected through
the speech or action of the mujtahid or a member mujtahid
acting within his capacity as a member of the mujtahid.

d. The consensus agreement must be held after the demise of
Prophet Muhammad SAW.

e. The consensus agreement must be held on matter of Islamic
law.

Types of Ijmā’

a. Explicit Ijmā’
All mujtahid of one period have explicitly expressed their
opinion whether agree or disagree in respect of the Sharī’ah
rulings.

b. Silent Ijmā’
Consensus opinion that arise out of an agreement of some
group of scholars whose opinions are explicit while the other
scholars keep silent in such a way their opinion are unknown
whether agree or disagree.

Legal Position of Ijmā’

a. The majority of Muslim jurists, particularly the jurists of four well
known schools of Islamic Legal Thought, are in agreement that
express ijmā’ is an authoritative source of Islamic law.

b. It is incumbent on the Muslim to follow the legal rule of Islamic
law that derived from ijmā’ as similar to the rule established by
the texts of the Qur’ān and Sunnah.

c. The legal rule based on ijmā’ is definitive and it is not permitted to
reject the rule.

d. In addition, the mujtahid are not allowed to exercise ijtihād on
the legal issue that has been settled through ijmā’.

e. According to Imām Shāfi’ī and Mālikī, silent Ijmā’ is not considered
to be Ijmā’ nor a probable proof whereas majority of Hanafīs
and Hanbalīs jurist hold that silent ijmā’ has legal effect on Sharī’ah
rulings.

4. Analogical Deduction (Qiyās)
Qiyās literally means measuring or ascertaining the length, weight, or
quality of something, by using something else. Technically Qiyās is the
extension of Sharī’ah rulings from an original case (aṣl) to a new case,
because the latter has the same effective cause as the former. It may be
loosely translated in English as analogy.