Ijma' in the Qur'an:

1. Ijma' in the Qur'an:

The Qur'an (al-Nisa', 4:59) is explicit on the requirement of obedience to God, to His Messenger, and `those who are in charge of affairs', the ulu al amr. [23. The ayah (4:59) provides: 'O you who believe, obey God, and obey the

Messenger, and those charged with authority among you.'] It is also suggested that this ayah lends support to the infallibility of ijma`. According to al-Fakhr al-Razi, since God has commanded obedience to the ulu al-amr, the

and would thus include both secular and religious affairs. The former is discharged by the political rulers, whereas the latter is discharged by the ulema. According to a commentary attributed to Ibn 'Abbas, ulu al-amr in this ayah refers to ulema, whereas other commentators have considered it to be a reference to the umara , that is, 'rulers and commanders'. The zahir of the text includes both, and enjoins obedience to each in their respective spheres. Hence, when the ulu al-amr in juridical matters,

namely the mujtahidun, reach a consensus on a ruling, it must be obeyed. [25. Khallaf, `Ilm, p. 47.]

Further support for this conclusion can be found elsewhere in sura al-Nisa' (4:83) which once again confirms the authority of the ulu al-amr next to the Prophet himself. [26. The ayah (4:83) provides: `If they would only refer

it to the Messenger and those among them who hold command, those of them who investigate matters would have known about it.' (Irving's translation, p. 45.)]

The one ayah which is most frequently quoted in support of ijma' occurs in sura al-Nisa' (4:115), which is as follows:

And anyone who splits off from the Messenger after the guidance has become clear to him and follows a way other than that of the believers, We shall leave him in the path

he has chosen, and land him in Hell. What an evil refuge!

The commentators observe that `the way of the believers' in this ayah refers to their 'agreement and the way that they have chosen', in other words, to their consensus. Adherence to the way of the community is thus binding, while departure from it is forbidden. Departing from the believers' way has been approximated to disobeying the Prophet, both of which are forbidden. There are several points that the commentators have highlighted concerning this ayah. However, before elaborating further, a brief discussion of the other Qur'anic passages which are quoted in support of consensus would be useful.

The Qur'an is expressive of the dignified status that God has bestowed on the Muslim community. Thus we read in sura Al-`Imran (3:109): `You are the best community that has been raised for mankind. You enjoin right and forbid evil and you believe in God.' This ayah attests to some of the outstanding merits of the Muslim community. It is thus argued that had the community been capable of agreeing on an error, the Qur'an would not have praised it in such terms. It is further noted that the contents of this ayah give some indication as to the meaning of the phrase `the believers' way'.

On the same theme, we read in sura al-Baqarah (2:143): `Thus We have made you a middle nation [ummatan wasatan], that you may be witnesses over mankind.' Literally, wasat means `middle', implying justice and balance, qualities which merit recognition of the agreed decision of the community

In yet another reference to the ummah, the Qur'an proclaims in sura al-A'raf (7:181): `And of those We created are a nation who direct others with truth and dispense justice on its basis.' There are three other ayat which need to be quoted. These are:

Al-'Imran (3:102):`Cling firmly together to God's rope and do not separate.'

This ayah obviously forbids separation (tafarruq). Since opposition to the ijma' is a form of tafarruq, it is therefore prohibited. [28. Amidi, Ihkam, I, 217; Ghazali, Mustasfa, I, 111.]

Al-Shura (42:10):'And in whatever you differ, the judgment remains with God', 'which implicitly approves that in which the community is in agreement.' [29. Ghazali, Mustasfa, I, 111.]

Al-Nisa' (4:59): `Then if you dispute over something, refer it to God and the Messenger.'

By implication (i.e., divergent implication -mafhum al-mukhalafah), this ayah too upholds the authority of all that is agreed upon by the community. [30. Ghazali, Mustasfa, I, 111.]

Having quoted all the foregoing ayat, al-Ghazali observes that 'all of these are apparent indications (zawahir) none of which amounts to a clear nass on the subject of ijma `.' Al-Ghazali adds that of all these, the ayah at 4:115 is closest to the point. For it renders adherence to the `believers' way' an obligation. Al-Shafi`i has also quoted it, and has drawn the conclusion that this ayah provides a clear authority for ijma `. According to him, following a way other than that of the believers is haram, and

following the believers' way is wajib. [31. Ghazali, Mustasfa, I, 111.] But despite this, al-Ghazali explains that the main theme of this ayah is a warning against disobedience to the Prophet and hostility against the

believers. It requires the believers to give the Prophet active support and defend him against enemies. It is not enough for a believer merely to avoid causing hardship (mashaqqa) to the Prophet; he must actively help him and obey all his commands and prohibitions. This is the main theme of the ayah. The Prophet himself has not given it a specific interpretation to warrant a departure from its manifest (zahir) meaning. The Prophet, in other words, has not made any reference to ijma` in this context From this

Jalal al-Din al-Suyuti's interpretation of the same ayah is broadly in line with what al-Ghazali had to say. There is no indication in al-Suyuti's Tafsir al-Jalalayn to the effect that this ayah provides an

explicit authority for ijma'. [32. Suyuti, Tafsir, I, 87.]

Following a path other than that of the believers', according to both al-Suyuti and al-Shawkani, means abandoning Islam. Al-Shawkani adds: 'A number of ulema have drawn the conclusion that this ayah provides the authority for ijma'. But this is an unwarranted conclusion, as following a way other than that of the believers means unbelief, that is, renouncing Islam in favour of another religion.' Al- Shawkani further suggests that the occasion of revelation (sha'n al-nuzul) of this ayah relates to the context of apostasy. Specifically, it is reported that one Tu`mah b. Ubayraq had accused a Jew of a theft which Tu'mah had committed himself. As a result of the revelation of this ayah, the Jew was cleared of

the charge but Tu`mah himself renounced Islam and fled to Mecca. [33. Shawkani, Fath al-Qadir, I, 515; idem., Irshad, p.

75. For a good summary of Shawkani's views on the subject see Sadr, ijma' , pp. 30-40.]

Muhammad 'Abduh and his disciple, Rashid Rida have observed that the ayah under discussion was revealed concerning the 'way of the believers' during the lifetime of the Prophet, and its application must be confined to that period. For hostility toward the Prophet was only possible when he was alive. `Abduh further remarks that to quote this

ayah in support of ijma` leads to irrational conclusions, for it would amount to drawing a parallel between those who are threatened with the punishment of Hell and a mujtahid who differs with the opinion of others. A mujtahid, even when he takes an exception to the prevalent opinion, or to the path followed by other mujtahidun, is still a Muslim, and even merits a reward for his efforts. 'Abduh concludes that the sha'n al-nuzul of this ayah does not lend support to the conclusion that al-Shafi'i has

drawn from it. [34. Rashid Rida, Tafsir al-Manar, V, 201. For a similar view see Sadr, Ijma', p.40.]

It is further suggested that the threat in the ayah under discussion is primarily concerned with the first part of the ayah, namely, disobeying the Prophet, and not necessarily with the second. Hence divergence from the believers' way is lawful in the absence of opposition to the Prophet. The validity of this critique is, however, disputed, as the ayah itself does not distinguish between the two parts as such,

and therefore the threat applies equally to both. [35 Amidi, Ihkam, I, 205.]

Al-Amidi discusses the Qur'anic ayat concerning ijma', and concludes that they may give rise to a probability (zann) but they do not impart positive knowledge. If we assume that ijma` is a decisive proof, then establishing its authority on the basis of speculative evidence is not enough. Speculative

Amidi, Ihkam, I, 218.]