Hujjiyat ul-Ijmaa’ (the proof of its validity as a Daleel Shar’iy)
The Hujjiyah of Al-Ijmaa’ as a source for the Islamic Ahkaam is a place of agreement amongst the majority of the Fuqahaa and ‘Ulamaa of Usool ul-Fiqh in addition to what is built upon that in terms of the obligation to follow and not violate a ruling based upon it. However, they differed in respect to which Muslims the Ijmaa’ is taken from.
The most well-known Ijmaa’s that the ‘Ulamaa of Usool ul-Fiqh and Fuqahaa adopted are:
Ijmaa’ As-Sahaabah, Ijmaa’ Ahl ul-Madinah, Ijmaa’ Al-Ummah AlIslaamiyah in a certain era or period, Ijmaa’ Al-Mujtahideen in a certain era or time and Ijmaa’ Ahl ul-Bait in the view of the Shee’ah.
I will first deal with the Hujjiyah of Ijmaa’ As-Sahaabah because most of the ‘Ulamaa from the Usooliyeen and Fuqahaa counted it as a legitimate and valid Ijmaa’ and then I will address the Ijmaa’ of the Islamic Ummah.
Hujjiyah Ijmaa’ As-Sahaabah
The Ijmaa’ As-Sahaabah is regarded as a Hujjah (proof) due to the following evidences:
1 - Allah’s commendation and praise (Thanaa’) upon the companions (Sahaabah) of the Messenger of Allah (saw) in the Qur’aan:
Muhammad (saw) is the Messenger of Allah, and those who are with him are severe against the disbelievers and merciful among themselves (Al-Fat’h 29).
And in Soorah Al-Hashr Allah Ta’Aalaa said:
They seek a bounty from Allah and [His] pleasure and supporting Allah and His Messenger, [there is also a share]. Those are the truthful (Al-Hashr 8).
And He Ta’Aalaa said in the following Aayah of Soorah Al-Hashr:
It is those who will be successful (Al-Hashr 9).
And He Ta’Aalaa said: And the first forerunners [in the faith] among the Muhajireen and the Ansar and those who followed them with good conduct - Allah is pleased with them and they are pleased with Him, and He has prepared for them gardens beneath which rivers flow, wherein they will abide forever. That is the great attainment (AtTaubah 100).
2 – The Sahaabah (rah) are those who gathered together the Qur’aan, they are those who preserved it, transmitted and made copies of it.
And Allah Ta’Aalaa says:
Verily it is We Who revealed the Dhikr (i.e. the Qur'an) and verily We will safeguard it (Al-Hijr 9).
Therefore, in the case where it was the Sahaabah (rah) who (practiacally) attended to the Qur’aan through their Ijmaa’ whilst Allah Ta’Aalaa had assumed its preservation, then the Aayah guides to the truthfulness and veracity of their Ijmaa’.
3 – It is impossible in accordance to the Shar’a for the Sahaabah to have an Ijmaa’ upon an error. If that was permissible, then it would be permissible for there to be an error or mistake in respect to the Deen because they are those who have transmitted this Deen to us via their Ijmaa’ (consensus).
4 – The Ijmaa’ As-Sahaabah discloses and is revealing of a Daleel Shar’iy. That is because they did not agree and hold a consensus upon a certain Hukm being a Hukm unless they had a Daleel from the statement, action or Taqreer (approval and consent) of the Messenger of Allah (saw). This reality does not apply to any other than the Sahaabah (rah) because they lived at the same time as the Messenger (saw), gathered around him and transmitted from him.
From these evidences above it becomes evident that the Ijmaa’ AsSahaabah is the Ijmaa’ which the Adillah (evidences) have guided to being Qat’iy Ath-Thuboot (established and proven decisively). That is because its evidences are from the definite Aayaat and they are Qat’iy Ad-Dalaalah in respect to the commendation and praise upon their 135
truthfulness. This is also the case in respect to the fourth Daleel which is ‘Aqliy (rational).
In addition to the definite Adillah there are also Aahaad AlAhaadeeth that have been mentioned to us in respect to their praise like his Qawl (saw):
The best generation is my generation that I have been sent amongst them (Abu Daawood).
My companions are like the stars. Any one of them you follow you are guided (Al-Baihaqi and Ad-Dailamiy related it from Ibn ‘Abbaas).