1 – Many of the ‘Ulamaa of the Ahl us-Sunnah stipulated that the Khawaarij, Al-Qadariyah and Ar-Rawaafid are to be excluded from the Mujtahideen.

2 – From amongst the well-known Fuqahaa there are those who counted the Shadh’dhaadh (irregular outside the norm) Fuqahaa to be excluded in respect to the Ijmaa’ whilst some permitted them if they were not calling to their own opinion.

3 – Ash-Shawkaani said in ‘Irshaad Al-Fuhool’: “The Ijmaa’ that is to be considered in any area or discipline of knowledge is the Ijmaa’ of the people of that discipline who are knowledgeable in it and not the Ijmaa’ of other than them”.

Consequently, what is to be considered in respect to the Ijmaa’ in relation to the Fiqhi issues is the statement or opinion (Qawl) of all of the Fuqahaa. If some of the Fuqahaa of the people of Ijmaa’ are in opposition, then the Ijmaa would not be considered to have been convened.

4 – Some of the Fuqahaa said: It is stipulated for the Ijmaa’ to be completed for the Mujtahideen who held an Ijmaa’ to have all passed away. It would not be an Ijmaa’ in their view until the death of all those who had held a consensus upon an opinion whilst some of them only adopted this view in respect to the Ijmaa’ As-Sukootiy alone.

5 – Most of the Fuqahaa view that the Ijmaa’ is convened and represents an Ijmaa’ by the mere agreement of all of the Mujtahideen in a time in their lives and after their deaths.

6 – Some of them have stipulated that the number of those agreeing together must reach the number necessary for Tawaatur whilst others did not stipulate that like Al-Ghazaaliy and Abdul ‘Ali Al-Ansaariy.