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Understanding Usul Al-Fiqh3 min readViewed 3 times

5.2 Examples of Ijma‟ as-Sahabah


An example of Ijma‟ as-Sahabah is the priority, which must be given to the appointment of a Khaleefah for Muslims. The Sunnah of the Prophet (saw) informs us that the dead must be buried quickly and it is forbidden for those responsible for the burial to delay the burial on account of other things. Yet when the Prophet (saw) died, the Companions delayed his (saw) burial until they had selected a Khaleefah from among themselves.

Before the burial arrangements were completed, the Sahabah (ra) had gathered in the place of Banu Sai‟da and proceeded to select the Khaleefah. After discussion of the matter, all agreed to give Bay‟ah (oath of allegiance) to Abu Bakr (ra), after which they buried the Prophet (saw). None of them objected to the delay of the burial. The unanimous agreement of the Sahabah (ra) regarding this action is a Daleel for us about the importance of appointing the Khaleefah for Muslims, even more vital than the burial of the Prophet (saw) himself.

Al-Haythami (d. 1405 CE) said, “It is known that the Sahabah (ra) consented that selecting the Imam after the end of the era of Prophethood was an obligation (Wajib). Indeed they made it (more) important than the (other) obligations whilst they were busy with it over the burial of the Prophet (saw).”8

The reputed scholar Al-Taftazani (d. 1389 CE) said, “There is Ijma (consensus) that appointing an Imam is wajib (obligatory)…The adoption (i.e. correct position) is that it is obligatory upon the servants by textual evidence because of the saying of the Messenger (saw):

"Whoever dies not having known the Imam of his time, dies the death of the days of Jahiliyyah (Ignorance)." Also, the Ummah agreed that this was the most important duty following the death of the Messenger (saw), so important in fact that they considered it more important than the matter of his burial, and so also has it been after the death of each Imam. And they must appoint someone, for so many Shari‟ah obligations depend on this duty.”9

Another example of Ijma‟ as-Sahabah is when Umar (ra) on his deathbed specified a time limit of three days to appoint the next Khaleefah after him, he even ordered for those amongst the council of six he nominated to be killed if they disputed. All of the Sahabah consented to this. The six Umar appointed in the council were all senior Sahabah who had been promised paradise by the Prophet (saw), they included Ali b. Abi Talib, Uthman b. Affan, Sa‟ad b. Abi Waqqas, Abdur Rahman ibn Awf, Az- Zubayr b. Al Awwam, and Talha b. Ubaydullah.

The renowned scholar and historian Ibn Jarir al-Tabari (838–923 CE) as well as others have reported the narrations about what occurred when Umar (ra) was wounded, Umar (ra) said: “O group of Muhajireen! Verily, the Apostle of Allah died, and he was pleased with all six of you. I have, therefore, decided to make it (the selection of Khaleefah) a matter of consultation among you, so that you may select one of yourselves as Khaleefah. If five of you agree upon one man, and there is one who is opposed to the five, kill him. If four are one side and two on the other, kill the two. And if three are on one side and three on the other, then Abdur Rahman ibn Auf will have the casting vote, and the Khaleefah will be selected from his party. In that case, kill the three men on the opposing side. You may, if you wish, invite some of the chief men of the Ansar as observers but the Khaleefah must be one of you Muhajireen, and not any of them. They have no share in the Khilafah. And your selection of the new Khaleefah must be made within three days.”10

8 Al-Haythami, Sawaa'iq ul-haraqah, p. 17

9 Al-Taftazani, Sharh al-Aqa'id al-Nasafiyyah (Commentary of Nasafi‟s Essay on the Creed), p. 142-143, Musnad Ahmad, Hadith No. 16271

10 Tareekh (History) of Al Tabari, Vol 3, p. 294-295

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Chapters (80)
  1. 1Introduction to this edition
  2. 2Introduction
  3. 31. Basic Terms In Islamic Jurisprudence
  4. 41.1 Fiqh
  5. 51.2 Usul Al-fiqh
  6. 61.3 Shari‟ah
  7. 71.4 Hukm Shara‟i
  8. 81.5 Types Of Hukm Shara‟i
  9. 91.6 The Application Of Shar‟iah
  10. 102. Daleel
  11. 112.1 Structure of Daleel
  12. 123. Qur‟an
  13. 133.1 Revelation of the Qur‟an
  14. 143.2 Arrangement of the Qur‟an
  15. 153.3 Compilation of the Qur‟an
  16. 163.4 Open & Hidden meaning?
  17. 173.5 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous)
  18. 183.6 Asbaab An-nuzool (circumstances Of Revelation)
  19. 193.7 Abrogation (Naskh)
  20. 204. Sunnah
  21. 214.1 The Sunnah Is A Definitive Source
  22. 224.2 Types of Sunnah
  23. 234.3 Basic Terms in Hadith
  24. 244.4 Reconciling a perceived conflict between two or more Ahadith
  25. 254.5 The Application of the Sunnah
  26. 265. Ijma‟ as-Sahabah
  27. 275.1 The meaning of Ijma‟
  28. 285.2 Examples of Ijma‟ as-Sahabah
  29. 295.3 Daleel indicating the Authority of Ijma‟ as-Sahabah
  30. 305.4 Who is a Sahabi?
  31. 316. Qiyas
  32. 326.1 The meaning of Qiyas
  33. 336.2 Daleel indicating the Authority of Qiyas
  34. 346.3 The Process of Qiyas
  35. 356.4 The Arguments of those who reject Qiyas
  36. 366.5 „Illah from the Text or the Mind?
  37. 376.6 The areas of Ahkam Shari‟ah which do not contain „Illah
  38. 386.7 Types of Ahkam Shariah where an „Illah can be found
  39. 396.8 Customs and traditions cannot be an „Illah
  40. 406.9 Difference between Manaat al-Hukm (reality of the rule) and „Illah
  41. 417. Sources of Hukm Shar‟i not agreed upon by all the Ulema
  42. 427.1 Ijma‟ al Ummah
  43. 437.2 Ijma‟ al Mujtahideen
  44. 447.3 Ijma‟ Ahlel Bayt
  45. 457.4 Ijma‟ Ahlel Medinah
  46. 467.5 Istihsan
  47. 477.6 Masalih Al Mursalah
  48. 487.7 Laws revealed before Islam (Shar‟a man qablana)
  49. 498. Ijtihad
  50. 508.1 Evidences for Ijtihad from the Sunnah
  51. 518.2 Evidences For Ijtihad From Ijma As-sahabah
  52. 528.3 Qualifications for performing Ijtihad
  53. 538.4 Types of Mujtahid
  54. 548.5 Reasons for differences of opinion among the Mujtahideen
  55. 559. A Brief Overview of Some Schools of Thought
  56. 569.1 Era of the Prophet (Saw)
  57. 579.2 Era of the Sahabah (ra)
  58. 589.3 Era of the Tabi‟een
  59. 599.4 Madhab of Imam Abu Hanifah
  60. 609.5 Madhab of Imam Malik
  61. 619.6 Madhab of Imam Shafi‟i
  62. 629.7 Madhab of Imam Ahmad Ibn Hanbal
  63. 639.8 Madhab of Ibn Hazm
  64. 649.9 Introduction to Madhab of Imam Zayd and Imam Jafar
  65. 6510. Do We Need a New School or Madhab?
  66. 6610.1 Reason for Differences of Opinion among the Mujtahideen
  67. 6711. Taqleed
  68. 6811.1 Daleel for performing Taqleed
  69. 6911.2 Muslims must ask for Daleel
  70. 7011.3 Taqleed is forbidden in the „Aqeedah (Belief)
  71. 7111.4 Muqalid shifting from one Opinion to Another
  72. 7212. Topics Related To Islamic Jurisprudence
  73. 7312.1 Wahy (Revelation)
  74. 7412.2 Role of „Aql
  75. 7512.3 Does the Shariah Apply on Non-Muslims?
  76. 7612.4 Was Prophet Muhammed (saw) A Mujtahid?
  77. 7712.5 Can Fiqh Be Changed?
  78. 7812.6 Need for a Minority Fiqh?
  79. 79Conclusion
  80. 80Bibliography