What is the concept of ijma' and qiyas?

What is the need of qiyas?

the need of qiyas is that we can solve our problems

Why Muslim schollers rejet QIYAS?

Qiyas is rejected by many of Muslim schollers because 1:Muslim does not confirm any topic from Quran and Sunnah and tries to do Qiyas 2:Sometimes Qiyas is controdictory with Quran and Sunnah. 3:Qiyas need to be cleared to the people and if not it would not be valid.

What is ijma and qiyas?

The Meaning of IjmaIJMA' means consensus, that is, acceptance of a matter by a specified group of people. In Islamic jurisprudence (fiqh) the matter on which ijma' is of interest is understood in one of the two following ways:1. Any matter related to Shari'ah2. Any matter (of interest to Muslims)The group involved in the consensus is understood in the following ways, in which an exception is made for children and those who suffer from mental disorder:1. All Muslims of all times2. All Muslims of a particular time3. All mujtahidin who are just, righteous and who avoid bid'a (innovation)4. All mujtahidin who avoid innovation including those who may not be muttaqin (righteous and God-fearing)5. Majority of all mujtahidin6. All mu'minin7. All companions of the Prophet8. Mujtahidin of Makka and Madina (or Kufa and Basra)9. Mujtahidin of Madina10. The first four khulafa or the first two khulafaThe last three opinions are not strictly speaking definitional, that is, ijma' is not defined as agreement, say, between the first two khulafa but rather that such an agreement realizes ijma'.Types of ijma§ Explicit (ijma' 'azima or ijma' qawli). This type of ijma' takes place as follows: A question arises and people express their different views. Then there is discussion on these views and finally a common position is agreed upon.§ Silent (ijma' rukhsat or ijma' sakuti). If an opinion is expressed by some and their contemporaries, after learning about it, have made no comments either in favor or against, then we have what is known as silent ijma'.§ Unknown opposition ('Adam al-ilm bi al-mukhalif). This situation occurs when a view generally held but it is not known whether or not there are experts who disagree with it.§ Absolute (ijma' qat'i). This is ijma' on a matter in which there never has been any sustained difference (ikhtilaf mustaqar) and which is established with tawatur (continuity), that is, we can show that all generations of Muslims or Muslim mujtahidin agreed on the matter.The authority of ijmaThe following opinions exist among jurists about the type of authority possessed by ijma':i. Ijma' provides a conclusive proof for a view.ii. Ijma' is only an argument for a view but not a conclusive proof.iii. Only ijma' of the companions (suhaba) provides conclusive proof.iv. Silent ijma' is not a conclusive proof.v. Silent ijma' is not a conclusive proof except in case of the suhaba or in case it remains in place for a period of timeor in case circumstances establish that silence meant approval.vi. Ijma' established by an absence of knowledge of opposition is not conclusive.Other issues connected with ijmaIs it possible for ijma' to take place without basis (sanad) from the Qur'an, Hadith or Qiyas (analogy)? The following views exist among jurists:a. It is not possible for the Muslim Ummah or the jurists to agree on a position without sanad from the Qur'an, Hadith or qiyas.b. It is not possible for ijma' to take place without sanad from the Qur'an or Hadith. (Qiyas cannot be a basis for ijma'.)c. It is not possible for ijma' to have validity unless it is on the basis of qiyas.d. It is possible for ijma' to take place without any sanad from the Qur'an, Hadith, or qiyas.In the books of fiqh there are many rulings for which no sanad is found anywhere. Those who believe that ijma' is possible withsanad explain this by saying that isnad for these rulings once existed but are now lost.Another issue raised in connection with ijma' is as follows:If in an age jurists held one or the other of two (ijma' ala qawlayn) or more views, it is permissible to hold a view different from these two or more views. For example, if a man leaves only a grandfather and a brother as his inheritors, then there are found only two opinions concerning their shares. First, the two will share inheritance equally. Second, all inheritance will go to the grandfather. Is it possible to have a third opinion?According to al-Amdi the answer is negative for a majority of jurists and positive for some shi'a, some Hanafi jurists and some ahl al-zahir (people who reject qiyas).According to Sadr al-Shari'ah hanafi jurists agree that ijma' of suhaba on two or more views on a matter binds us to stay within those views but they disagree concerning the ages after the suhaba.Refusal to accept ijmaIf a ruling is reached by a form of ijma' considered conclusive by some scholars, then in the eyes of those scholars that ruling must be obeyed and the failure to do so after knowing about it is haram. But what if a person refuses to accept that ruling all together? Will he be committing kufr?Even when scholars consider a form of ijma' conclusive and binding, they do not necessarily regard the rejection of a ruling reached by it as kufr. They are in general far more cautious in declaring refusal to reject the result of ijma' on a matter as kufr than in declaring a particular type of ijma' as conclusive and binding.Almost all jurists agree that refusal to accept an ijma' other than an ijma of suhaba or an ijma established with continuity, tawatur, in all the previous generations of Muslims (ijma' qat'i), like the Qur'anic verses, is not kufr. In case of ijma' suhaba and ijma' qat'itwo cases are distinguished:1. Ijma' on matters related to the fundamentals of din whose comprehension is needed by all Muslims, e.g. the belief in the oneness of God and in prophet hood, the obligatory character of the five "pillars" of Islam, facing the Ka'bah while praying, the number of rak'at in each prayer, the times for hajj and fasting, prohibition of adultery, alcoholic drinks, stealing and usury.2. Ijma' on matters whose knowledge is expected only from "specialists" (khawas), e.g. marrying at the same time a woman and her paternal aunt or a murderer being cut off from inheritance.There seems to be a general agreement that refusal to accept ijma' suhaba or ijma qat'i on matters of the first category is kufr but opinions differ as to whether a refusal to accept ijma' suhaba or ijma qat'i on matters of the second category is also kufr.Imam al-Harmayn (Diya al-Din 'Abd al-Malik al-Juwayni) says that refusing to accept a method of deriving rules of shari'ah is notkufr. Therefore, a person does not accept the principle of ijma' as a valid source of rules is not a kafir. Only a person who accepts the principle of ijma' and also recognizes that a certain ruling is based on ijma' and then refuses to accept it can be declared as committing kufr.Justifying the binding authority of ijmaIs the principle that in some form ijma' provides conclusive argument and has binding authority taught in the Qur'an and Hadith?There is no agreement among jurists as to which statements in the Qur'an and Hadith, if any, provide justification for the principle of ijma'. Generally the jurists see a justification for the principle in the Qur'anic verses: 2:143, 3:103, 3:110, 4:59 and 4:115. But Sadr al-Shari'ah (33) finds nothing in 2:143, 3:110, and 4:115. Instead he uses 3:105, 98:4, 9:122, 4:59, 91:7, 16:43, and 9:115. Allama al-Taftazani (34) however, rejects all the arguments by Sadr al-Shari'ah.There are also some ahadith that are used in support of the principle of ijma'. Al-Ghazali says that of these ahadith the strongest support for the principle of ijma' is provided by: lan tajtami'u ummati 'ala al-dalala (My Ummah cannot get together on the wrong way). But Shah Wali Allah says that this Hadith "does not mean that ijma' is hujja (proof)."The truth is that there is no argument supporting ijma' on the basis of the Qur'an and Hadith for which reputed jurists have not raised a whole series of objections. And we even have reputed jurists like Imam al-Harmayn al-Juwayni who "recognized that in the received teachings there is no proof that ijma' has binding authority (wajib al-ittiba') and the final resort is to "reason" and that "the arguments on the basis of reason are very weak."The difficulty of supporting ijma' on the basis of revelation is illustrated by a report about Imam Shafi'i. It is related by Muhammad Yahya ibn Shaykh Aman that the Imam was asked about a proof for ijma' from the Qur'an. The Imam went into seclusion (ihtikaf) in his house for three days and each day read the whole Qur'an in search of a proof. Finally he came up with the verse 4:115. As we have already noted this verse is not enough for Sadr al-Shari'ah and Imam al-Harmayn.Although it would be unacceptable to establish ijma' by the use of ijma' but it is interesting to note that ijma' is not proved even byijma' itself. To see this let us distinguish between two definitions of ijma':1. As the majority view2. As the unanimous viewNow the majority of jurists do not agree that the majority view constitutes ijma' with binding authority. Hence under the first definition ijma' is not proved by ijma'. Take now the second definition. We have seen above there is no view of ijma' on which jurists unanimously agree except possibly ijma' suhaba and ijma' qat'i. We cannot, however, demonstrate that the suhaba believed that their ijma' or ijma' qat'i has binding authority, while such a demonstration would obviously be necessary to prove ijma' on the basis of ijma'.Two genuine Islamic concernsWhatever the definition and authority of ijma' may be, there is no denying the fact that the principle of ijma'addresses two genuine and very important Islamic concerns:1. The need of the Muslims to know what the Islamic teachings on various matters are.2. The need to form an Islamic society capable of taking unified action when such action is required.Now basic Islamic teachings can be known easily from the Qur'an and Hadith, especially if a person is endowed with iman. The Qur'an says:"We have made the Qur'an easy to understand and remember, so is there any to pay heed." (54:17)However, in some details uncertainty can arise due to the following factors:i. Like most statements, no matter how clear, the verses of the Qur'an and ahadith of the Prophet can be often understood in more than one way.ii. It may not be possible to uniquely determine which Qur'anic verses and prophetic ahadith are applicable to a given question and in which order.iii. It may not be certain whether some applicable ahadith are authentic or not.iv. The Qur'an and Hadith may not contain answers to questions faced a long period after the revelation and so people come up with their own different answers by qiyas (analogy) or by other less than completely objective approaches.Now, as far as individuals are concerned, they can still lead righteous lives despite different possible answers to some questions of detail, as indeed Muslims have done throughout history. The Qur'an guarantees that everyone who has ikhlas(sincerity, honesty) and strives in the way of God (which includes controlling one's desires, obeying the clear commandments and practicingdhikr and fikr, that is, remembrance of God and thinking and reflecting) will be protected from the devil, that is, going astray and will be shown the path of God:"And (the devil) said: By Your honor (O Lord) I will lead them all astray except such among Your servants as are sincere." (38:83)"And those who exert effort in Our way we show them Our paths and God is surely with the good." (29:69)So, individuals will be able to find the way of God despite differences in matters of detail. However, often a need is felt by Muslims for collective, united, action and in such cases differences in views can be crippling. This is why the establishment of Islamic states in Muslim countries has been found very difficult. In fact, it can be said without hesitation that after the time of four rightly guided khulafa Islam has largely existed as a way of life of individuals and not of societies. Yet it is clearly an intention of Islam to shape both individuals and societies according to its principles.One of the purposes of ijma' is to limit differences and to prevent them from disintegrating the Muslim society. This role of ijma' is comparable to the role of the Pope in Catholicism. But ijma' has not been as effective in ensuring cohesion of the society and in providing answers to new questions. This is because ijma' is itself subject to differences of views, as we have seen above. Furthermore, it is often extremely difficult to know whether or not ijma' on a matter has taken place, so much so that Imam Ahmad bin Hambal reportedly used to say that anyone claiming ijma' (after the age of suhaba) is a liar. In other words, we do not know exactly what ijma' is or what it is saying. In contrast, those who believe in papacy can know both who the Pope is and what he is saying.This, of course, does not mean that Muslims should adopt something like the institution of papacy. The idea of a priestly hierarchy having an exclusive right to define religious doctrines and rules and given obedience as infallible is totally against the grain of Islam and is apparently condemned as shirk in the Qur'an:"And (Jews and Christians) take their ahbar (priests) and ruhban (monks, saints) as lords besides God" (9:31)Indeed, history shows that an institution like that of papacy can, along with cohesion and continuity in the life of a group, cause untold repression and plunge a society in the uttermost depths of darkness.So, how can we achieve maximum enlightenment and freedom of thought and conscience along with cohesion and continuity? By following four well-known Islamic principles:1. Khilafa, institution of an Islamic government2. Shura, government by consultation3. Sawad al-a'zam, rule by majority4. Amr bi al-ma'ruf WA nahi 'an al-mukar, enjoining right and forbidding wrong.These four principles require the following mode for the functioning of a suhaba on "decisions". These always concerned legal rulings, state policies, strategies for war, etc. In the interpretation of Qur'an and Hadith we can encounter purely theological questions (e.g. whether the ascension of Jesus was physical or spiritual). On such questions ijma' of suhaba has been seldom demonstrated, if at all.Whatever has been said above about ijma' suhaba also applies to ijma' qat'i.No other type of ijma' by itself constitutes a conclusive historical argument that a certain position is Islamic. Most ijma'at do carry weight but how much weight will depend on direct evidence from Qur'an and Hadith and other relevant considerations.

Discuss the relationship between ijma qiyas and other sources of shariah?

I think both IJMA & QIYAS are indirectly related to the legal teachings of Holy Qur'an and Sunnah as the Consensus (Ijma) cannot be possible to conduct unless it is verified that the developed consensus are not against the spirit of the teachings of Qur'an by all Muslim Jurists; similarly, Qiyas in which One Muslim Jurist Declares a decision of a dispute or suggests a solution to a problem in the light of the teachings of Qur'an and Sunnah and , other Muslim Jurists are quite on the declaration of that One Muslim Jurist, hence showing their tacit assent (Khamosh Raza mandi).Relevant evidence--- Teachings of Holy Qur'an in 3:139 ; 4:58 & 59and; " ...and Behold the rope (BooK of guidance) of Allah..."" " Sayings of Prophet (SAWS) in his Last Sermon:" .....I am leaving among you the Book (Holy Qur'an), ....If you will follow it, you will never go wrong"."Allah Pak! forgive me for any omission or addition in coding Your teachings and the teachings of beloved Muhammad (SAWS)........ Aameen."Khalid Hameed Sohrwardy.

What is the importance of Ijma in Islam?

The four sources of islamic law are interlinked. Quran is the fountainhead and it is o form of legislative. But there are certain areas that need detailed interpretation, in that case use of hadis becomes obligatory. But if we donot find any applicable answer in hadis than we can apply the concensus of knowledge known as ijma. ijma is a secondary source of islamic law. it is practiced by the doctors of islamic law who have full commmand over the minute details of Quran and hadis. Thus the use of ijma becomes obligatoray only when a mujtahid or a team of mujtahidden are fully convinced that they found no applicable answer in the Quran or the hadis.Answer 2According to shia Islam Ijma is not accepted as a source of Islam.

How is Quran used as a source of legal thinking?

Shar'iah Law has several sources from which to draw its guiding principles. It does not rely upon one source for its broad knowledge base. The first and primary element of Shar'iahLaw is the Qur'an. It is the final arbitrator and there is no other appeal. The second element of Shar'iah Law is known as the Sunna, the teachings of the Prophet Mohammad not explicitly found in the Qur'an. The Sunna are a composite of the teachings of the Prophet and his works. The Sunna contain stories and anecdotes, called Hadith, to illustrate a concept. The Qur'an may not have all the information about behaviour and human interaction in detail; the Sunna gives more detailed information than the Qur'an. The third element of Shar'iah Law is known as the Ijma. The Muslim religion uses the term Ulama as a label for its religious scholars. These Ulama's are consulted on many matters both personal and political. When the Ulama's reach a consensus on an issue, it is interpreted as Ijma. The concepts and ideas found in the Ijma are not found explicitly in the Qur'an or the teachings of the Prophet (Sunna). Islamic judges are able to examine the Ijma for many possible solutions which can be applied in a modern technical society. They are free to create new and innovative methods to solve crime and social problems based upon the concepts found in the Ijma.These judges have great discretion in applying the concepts to a specific problem. The Qiyas are a fourth element of Shar'iah Law. The Qiyas are not explicitly found in the Qur'an, Sunna, or given in the Ijma. The Qiyas are new cases or case law which may have already been decided by a higher judge. The Shar'iah judge can use the legal precedent to decide new case law and its application to a specific problem. The judge can use a broad legal construct to resolve a very specific issue. For example, a computer crime or theft of computer time is not found in the Qur'an or Sunna. The act of theft as a generic term is prohibited so the judge must rely on logic and reason to create new case law or Qiyas. The fifth element of Shar'iah Law is very broad and "all encompassing." This secondary body of knowledge may be ideas contained in the other written works. The New Testament is an example of this area of information, and legal discourses based upon Civil Law or Common Law may be another example. All information can be examined for logic and reason to see if it applies to the current case. It also may be a local custom or norm that judge may find helpful in applying to the issue before him. The judge may also weigh the impact of his decision upon how it will effect a person's standing in the community. http://muslim-canada.org/Islam_myths.htm

What are the examples of ijma?

Few Examples of Ijma :1. The 20 rakat of Tarawwih salah that is prayed in Ramadan from the 1st of Ramadan until the last day of Ramadan every day, and which is prayed after Isha Salah and in which the whole Quran is recited. This was the Ijma of the Sahaba(ra) during the time of Umar(ra), this is carried right from the time of Umar(ra) until today in both Makkah and Medina the tarawihh is prayed 20 rakat as part of Ijma of sahaba and also as the Sunnah of Umar(ra).2. Another example of Ijma is the second Azan of Jumah(Friday), which was the Ijma of sahaba(ra) during the time of Usman(ra) which is followed through out the world also in makkah and madina as part of Sunnah of Usman(ra)The Sunnah of Sahaba(ra) is the Sunnah of the Prophet(sas) because of the Saheeh Hadeeth of the Prophet(sas)Rasulullah (Sallallaahu Álayhi Wasallam) said: "Hold fast to My Sunnah and the Sunnah of the Khulafaa-e-Rasheedeen" (the Rightly Guided Caliphs). In this hadith two Sunnats are mentioned, one of Rasulullah (Sallallaahu Álayhi Wasallam) and the other of the Sahabah (R.A)There are many other examples on Ijma, but at this time this two example are enough to prove Ijma which is followed by everone.

What is the qiyas?

The Qiyas is the process of comparing reasoning within the teachings of the Quran and the Hadith. Example : In order to make a comparison with a known ruling (nass) to a new ruling. As a result of this method, the ruling of the Sunna and the Quran may be used as a means to solve or provide a response to a new problem that may arise. Therefore Qiyas means comparing one thing with another similar thing.

Explain with examples why labor productivity may vary between different countries?

You have to: 1. explain the meaning of Productivity (2 marks) 2. show an understanding of the influences on productivity (3 marks) 3. give an explanation of some examples ( 3 marks) That shall give you your 8 marks! Enjoy :)

What is the concept of ijma' and qiyas?

Add your answer:

What are the four marketing concept?