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

The possibility of the occurrence of Al-Ijmaa’

1 – Concluding an Ijmaa’ (consensus) of the Islamic Ummah in a certain time period or era or the Ijmaa’ of the Mujtahideen from amongst the Ummah is not actually possible. This is because the people were dispersed across different regions. These regions are far away from each other and their distance apart makes their Ijmaa’ an impossibility. The exception to that is their Ijmaa’ (agreement and consensus) upon the Qat’iy text that has been transmitted to them from the Wahi like facing towards the Qiblah in the Salaah, the obligation of Siyaam, Zakaah, Hajj and Al-Jihaad. Despite that, the Hujjiyah (proof) in respect to these Ahkaam returns back to the definite (Qat’iy) text and to the Akhbaar Al-Mutawaatirah (definite reports) whilst it does not return to Al-Ijmaa’.

2 – As for Ijmaa’ As-Sahaabah, then some of it has been transmitted to us by way of Tawaatur whilst some of it has been transmitted by Akhbaar Al-Aahaad in respect to what their consensus has fallen upon. Examples of this include their Ijmaa’ in respect to the grandmother taking a sixth in inheritance; that she has the whole share if she is one and shares in the sixth if there are more than one.

They also held a consensus upon the collection of the Qur’aan and upon it being copied down into a Mushaf. They also agreed upon the appointment of Abu Bakr (ra) as the Khalifah (successor) to the Messenger of Allah (saw) in addition to holding an Ijmaa’ upon many other practical Ahkaam Ash-Shar’iyah which are present within the books of Fiqh and are attributed to Ijmaa’ As-Sahaabah.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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