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: