منزلة الإجماع بين الأدلة الشرعية وأثرها في الأصول والفروع =The rank of Al-Ijmā’ (consensus) among the Islamic legal evidence and its effect on Islamic jurisprudence

• Main Author: Mat Jubri@Shamsuddin, Mustafa
• Format: Article
• Language: Arabic
• Published: Al-Madinah International University 2022
• Subjects: BP173.2 Sources of Islam; KBP100 Sources.Quran, Hadith, Ijma', Qiyas.; KBP250 Schools of thought. Islamic legal schools. Madhahib; KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
• Online Access: http://irep.iium.edu.my/96569/7/96569_The%20Rank%20Of%20Al-Ijm%C4%81%E2%80%99%20%28consensus%29%20among%20The%20Islamic%20Legal%20Evidence.pdf; http://irep.iium.edu.my/96569/; http://ojs.mediu.edu.my/index.php/IISJ/article/view/2905/1265

Consensus (al-Ijmāʿ) is considered as a legal evidence and significant proof in the juristic deduction and legal reasoning in order to acquaint legal rules. Also, it is considered as the strongest legal evidence because it results certainty in its indication. Those who peruse the scholar’s studies will find their disagreement on the position of al-Ijmāʿ among legal evidences, between a group that regards al-Ijmāʿ as the third evidence after Quran and Sunnah in all conditions, whereas another group regards it as the first in some conditions. Thus, this research attempts to study the issue with emphasizing on the position of al-Ijmāʿ among scholars, their opinions and stands, and the effect of this matter on some issues related to Islamic jurisprudence. This research relies on inductive method in collecting data, and analytic method in analyzing these data.