Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

This includes: The Ijmaa’ of the Ahl ul-Hall Wa-l-‘Aqd (people of decision making or influence), the Ijmaa’ of the Mujtahideen, the Ijmaa’ of Ahl ul-Madinah and the Ijmaa’ of Ahl ul-Madinah Wa Makkah.

Those who hold the view of Ijmaa’ Al-Ummah use the following evidences:

The Qawl of Allah Ta’Aalaa:

The guidance (Hudaa) mentioned in the Aayah means guiding to the oneness of Allah and the Prophethood of Muhammad (saw) whilst the opposite of Al-Hudaa (guidance) is Ad-Dalaal (misguidance). As for the way of the believers that is obligatory for them to follow then it is that which made them become believers which is Tawheed. The Sabab An-Nuzool (reason for and circumstance of revelation) for this Aayah indicates that because it was revealed in relation to a man who had apostatized from Islaam. This is because the Sabab An-Nuzool specifies the subject area that the Aayah was revealed about and this subject area is apostasy from Islaam. Therefore, the Sabeel (way) of the believers means Tawheed (i.e. it relates to belief).

As long as the Aayah is not guiding to the issue of Al-Ijmaa’, as its Dalaalah (indicative meaning) is outweighed to be restricted to what we have mentioned, then the Aayah is not valid or suitable to indicate the Hujjiyah (proof) of the Ijmaa’ of the Ummah, Ijmaa’ AlMujtahideen, Ijmaa’ Ahl ul-Madinah or any other Ijmaa’.

It is necessary for the Ijmaa’ in its Dalaalah (meaning and import), in order for it to be considered as a Daleel Ijmaaliy, to be based upon a Daleel that is Qat’iy Ath-Thuboot and Qat’iy Ad-Dalaalah. The Aayah that they have made their deduction with is Qat’iy AthThuboot however it is Zhanniy Ad-Dalaalah (indefinite in its indicated meaning) in respect to indicating to the Ijmaa’ of the Ummah.

They have used the following statements of the Messenger of Allah (saw) as evidence to prove the Hujjiyah (proof) of Ijmaa’ Al-Ummah:

This is in addition to many other Ahaadeeth that they have used to support the view of Ijmaa’ Al-Ummah.

1 – All of these Ahaadeeth are Akhbaar Aahaad and do not reach the level of At-Tawaatur. They do not establish Yaqeen (certainty) and as such are not valid to be used as evidence to establish that Ijmaa’ AlUmmah as a Daleel Shar’iy Ijmaaliy (Source of evidence).

2 – The Ahaadeeth mentioning that the Ummah will not gather together upon misguidance do not contain a Hujjah (proof) within them. That is because not agreeing together upon misguidance means not agreeing together to leave Islaam.

3 – The Ahaadeeth that mention the obligation of sticking to the Jamaa’ah have no place to be used as evidence to establish Ijmaa’ because the preservation of the gathering of the Ummah and not allowing its division or rebelling against it does not mean or indicate that their Ijmaa’ (consensus and agreement) is a Daleel Shar’iy.

4 – In respect to the Ahaadeeth that have mentioned that there is a group from the Ummah that will remain upon the truth, then the Haqq (truth) means the opposite of Al-Baatil (falsehood) and it does not mean the opposite to the correct (As-Sawaab). Therefore, sticking to the Haqq does not mean the absence of the mistake but rather the absence of misguidance (Dalaal).

In addition, the existence of a group upon the right does not mean the Ijmaa’ of the Ummah upon the right. That is because what is is required and necessary is to establish and prove that the Ummah is upon what is right whilst it is not required to prove the negation of their agreeing upon misguidance.

5 – In respect to the Ahaadeeth that mention that the Ummah will not agree upon a Khata’ (mistake) then these Ahaadeeth are weak in their Riwaayah (transmission) and are not used as evidence by the majority of the ‘Ulamaa.

6 – There are Saheeh Ahaadeeth that are contrary to the Ahaadeeth they have utilised for their deduction of Ijmaa’ Al-Ummah. From amongst these is the Hadeeth of the Messenger (saw):

This Hadeeth and others similar to it indicate a censure for the later eras that will follow and this means that their will exist amongst them Al-Khata’ (mistake or sin). There will be lying, betrayal and treachery which means that their Ijmaa’ would hold no value or legislative worth.