THE DEVELOPMENT OF QIYAS AND IJMA.

ALSO THE SIMILARITIES AND DIFFERENCES BETWEEN THEM

GROUP MEMBERS -ABD. LATIF -AMIRUL HAZIQ -MUHD HARIS -SYED NAQUIB -SAMSIYYAH -SITI MAHSURI

Ijma (Consensus of Opinions)

Definition
Technically , ijma is defined by al-Amidi (an influential jurist of

Shafii school) as the unanimous agreement of the mujtahidin of the Muslim community of any period following the demise of Prophet Muhammad (s.a.w.) on any matter. Ijma can only occur after the demise of the prophet (s.a.w) because he was the highest authority of Islamic law.

Development of Ijma The basis for the sources of Islamic law, which were based on the text and the exercising of opinion in deducing rulings originate from the following famous hadith of Muaz :

Cont.
When the prophet (s.a.w.) send Muaz bin Jabal to Yemen

(as a judge and governor), he asked him on what he would judge if he was confronted with a problem. Muaz said that he would judge based on the contents of the Quran. The prophet (s.a.w.) asked him, Assuming that you do not find it in the Quran, on what basis would you judge?. Muaz replied, he would judge based on the sunnah of the prophet (s.a.w.). The prophet(s.a.w.) also asked him, Assuming you do not find it in both Quran and the sunnah of the prophet, on basis what you will judge? Muaz bin Jabal replied that he would use his individual opinion without transgerring the boundary (set by the Quran and Sunnah).

Cont.
The hadith indicates the approval of the

Prophet (s.a.w.) for using personal opinion(ijtihad) provided that it is not against the injunctions of the Quran and Sunnah.

Development
Majority of scholar has agreed that Ijma occurred during the time of the

companions particularly during the period of the Rightly Guided Caliph (Khulafa al-Rashidun). During their time , most of the scholars among the companions were residing in al-Madinah therefore making it easy for them to meet and discuss any issues that may arise within the Muslim community. Abu Bakar and Umar were reported to have gathered the companions in order to reach an agreement on issues pertaining to Islam. He also disallowed scholars among the companions to migrate and reside outside the al-Madinah as he needed to discuss with them on matters pertaining to Islam.

 Ijma has played a significant role in the development of Islamic law particularly during the period of the companions of the Prophet and the following period.

After the period of the companions , with the expansion of the Islamic Empire , a number of scholars chose to settle in other areas such as Kufah in Iraq and Sham. This became an obstacle for them to get together and reach a consensus on issues in Islamic law.
Individual Ijtihad flourished during this time and many scholars established

their methodology of deducing the rulings of Fiqh which resulted in the formation of different school of Islamic law( madhab)

Cont.
The tendency to uphold ijma had gradually weakened and

according to some scholars ijma in its exact meaning was not exercised after the Rightly Guided Caliph period.

-Comparison between new case(s) with previous case (same illah )that has its own hukm/legal priciple based on Al Quran and As Sunnah. -Analogical deduction/reasoning

 The original case is regulated by a text of the Qur'an or the

Sunnah and Qiyas seeks to extend the original ruling to the new case. The emphasis of Qiyas is identification of a common cause between the original and new case. Qiyas is a methodology developed by jurists through which rulings in new areas are kept close to the Qur'an and Sunah because new rulings are based on the Illah (causes) discovered in the legislation of the Qur'an and Sunnah

BASIS OF QIYAS
(Evidence to support the utilization of Qiyas)

From the Quran: O you who believe ! Obey Allah and obey the Messenger and those in authority from among you ; then if you quarrel about anything , refer it to Allah and the Messenger , if you believe in Allah and the last day ; this is better and very good in the end. ( Al-Nisa : 59) Explanation :

We have sent you the book with the Truth so that you may judge among people by means of what Allah has shown you. ( Al- Nisa : 105 ) Explanation : A judgment may be based on the guidance that Allah has clearly given or on that which bears closely similarity to it. Thus, exercising qiyas is considered as following the guidance , which is close or similar to the guidance of Quran .

From the Sunnah : 1. Form of Ijtihad, which prophet Muhammad expressly validates in the hadith of Muaz Bin Jabal when he was sent to Yemen 2. Occasion ; 1) A woman came to prophet , and said that her father had died without performing Hajj. Will it benefit him if she performs the hajj on her fathers behalf ? Prophet replied : Supposing your father had a debt to paid and you paid it on his behalf, would this benefit him?.....the debt owed to Allah merits even greater consideration

2) Umar Al Khattab asked the prophet whether kissing invalidates the fast during Ramadhan. Prophet replied : What if you gargle with water while fasting? Umar then replied ; it does not matter. Then prophet told him that the answer for his question is the same.

From the Ijma of the Ulama : Example : When the companions held a council to determine the punishment of wine drinking, Ali Bin Abi Talib suggested that the penalty of false accusation should be applied to the wine drinker, and he reasoned , by way of analogy , when a person get drunk , he raves and when he raves , he accuses falsely

Element of Qiyas
Original case ( asl )
New case ( furu )

Effective cause ( illah )

Rule ( hukum )

 Illustration :
- Original case : wine drinking (Surah Al Maidah) - New Case : Narcotic Drugs

- Effective cause : Intoxicating effect

- The rule : prohibition

 BOTH IS PRIMARY SOURCES OF ISLAMIC LAW

AFTER AL-QURAN AND AS-SUNNAH

BOTH ARE MADE BASED ON DALIL STATED IN AL-

QURAN AND AS-SUNNAH

 IT MUST BE MADE FROM THE IJTIHAD OF PEOPLE

KNOWLEDGEABLE IN AL-QURAN AND ASSUNNAH (MUJTAHID/ ALIM ULAMA)

BOTH ARE CREATED TO SOLVE

PROBLEMS/SITUATIONS THAT IS NOT EXPLICITLY STATED IN AL-QURAN AND AS-SUNNAH (DRUG ABUSE)

The differences between ijma and qiyas

Ijma Qiyas

Definition
Consensus of opinion of the companion of the prophet (sahabah), and the agreement reached on the decision taken by the learned muftis or the jurist on various Islamic matters. Legal principle introduced in order to derive at a logical conclusion of a certain law on a certain issue that has to do with the welfare of the muslim

types a) Ijma al Qawl (verbal consensus of opinion) a) Qiyas al-jaliyy (translucient or transparent )

b) Ijma al fil (the consensus of opinion on an action)

c) Ijma al-sukut (silent consensus)

b) Qiyas al-khafiyy (hidden qiyas )

Ijma

Qiyas

Requirement

a) Ijma by mujtahids The Ijma must be performed by Mujtahids

a) original case (asl) wine drinking b) new case (far) taking drugs

b) Unanimous opinion There must be unanimous opinion among all mujthahids upon a Hukm shari.
c) Performed by Muslims d) After the death of Holy Prophet e) In a determinate period The Ijma must be performed by jurists of single determined period i. e. of the same generation. Upon rule of law

c) Effective cause (illa) intoxicating effect

d) the rule (hukm) prohibition

f)

g) Reliance upon sanad (Evidence) For deriving their opinion, Mujtahids should relied upon some sanad

Ijma condition a) Mujtahidun must qualify as upright individuals with minimum requirement of admissibility as witness in the courts of justice b) Constituents of ijma are clear of Bidah and heresy c) Constituents of ijma have required specialized knowledge on the issue

Qiyas a) Applied only when there is no solution to the matter in the quran or in the hadith b) Must not go against the principles of Islam c) Must not go against the content of the Quran neither must it be in conflict with the tradition of the prophet d) Based on either Quran, hadith or the ijma