Meaning of Ijma and Qiyas with Types and Examples

Meaning of Ijma and Qiyas – In the Islamic religion there are sources of law that are used as a guide in living life in this world, one of them is ijma and qiyas. This source of Islamic law contains various things related to life, ranging from things that can be done in this world to things that cannot be done. In addition, the source of Islamic law also contains things that can increase reward and things that can distance oneself from Allah SWT.

Without a source of Islamic law, it will be difficult for Muslims to determine the direction of a good life and it will be difficult to know how to get closer to God. Every problem that exists in this world is already in the source of Islamic law, so for Muslims it is necessary to obey every Islamic law that is in effect.

The sources of Islamic law are divided into 4, namely the first is the Qur’an, then there are Hadiths, the third is Ijma, and the fourth is Qiyas. So, for Muslims to find the legal source of a problem and the solution must be from the Quran first. If you do not find a solution to a problem in the Al-Quran in the Al-Quran, then look for it through the hadiths that already exist.

However, sometimes there are some problems whose solutions are not found in the sources of Islamic law, Al-Quran and Hadith, so what is the solution to these problems? At that time, such a thing was once asked by a friend of the Prophet langs to Nabu Muhammad SAW. The question has been answered by Prophet Muhammad SAW.

However, when the Prophet Muhammad SAW died, the question appeared and the companions could not find the answer to a problem that was happening because there was no legal basis in the Quran and Hadith.

Because there is nothing that can be asked anymore, the Muslim community began to look for Islamic law that is more complex in nature so that every problem in the world can be solved. From that desire, a new source of Islamic law was born, namely Ijma and Qiyas. Although Ijma and Qiyas are among the sources of Islamic law, their position is still below the Al-Quran and Hadith.

Ijma and Qiyas until now are often used to find a solution to a problem that is not in the Quran and Hadith. So, what is Ijma and what is Qiyas? Reader, read this review till the end, yes, happy reading.

The meaning of Ijma

Linguistically, ijma means as a thing in the form of gathering various kinds of things that then give a law on the matter and believe in the law. While in general, ijma is a roundness or decision from the opinions that come from the scholars of ijtihad after the death of the Prophet Muhammad SAW and using the Shariah law.

In addition, quoting from the almanhaj page, generally speaking, ijma comes from the word ajma’a yjjimiu ijma’an and uses the noun maf’ul mujma . Therefore, ijma has two meanings. First, the sentence ajma’a fulan ‘ala safar has the meaning that he has strongly determined to be safat and has strengthened his intention.

Then, the meaning of both ijma is agree. In the sentence ajma’ muslimun ‘ala kadza, it means that they will agree on a matter or problem that is happening. That way, Muslims become calmer when facing a problem and will not get lost and walk on a good and true path.

The caliphs and state leaders are the people who do ijma at the beginning of ijma being applied. From the ijma activities, they were considered and trusted by the Muslims at that time to create a source of Islamic law through ijma activities. The source of Islamic law, ijma was successfully made thanks to deliberation by the caliphs. However, currently those who make sources of Islamic law must meet the conditions that have been determined.

Since ijma can be used as a source of Islamic law, it is not allowed for any person to make ijma. In other words, only the experts who have succeeded in reaching mujtahid whose opinions can be held accountable, so that the sources of Islamic law presented can provide benefit and goodness for all Muslims.

In addition, the time that continues to grow and the era that also grows makes deliberation of consensus activities also grow. Currently, to make ijma or the third source of Islamic law must be followed by several parties, such as ushul fiqh experts, scholars, and ijtihad experts .

Evidence of Consensus in the Qur’an

Consensus activities that aim to produce sources of Islamic law, the arguments are found in the verses of the Quran, including:

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1. Surat An-Nisa Verse 115

Whoever opposes the Messenger (Prophet Muhammad) after the truth is clear to him and follows a path that is not the path of the believers, We will leave him in his error and We will put him in Jahanam (hell). That’s as bad as a place back.

2. Surat Al-Baqarah Verse 143

Similarly, We have made you (Muslims) a middle people *40) so that you may be witnesses to (deeds of) people and so that the Messenger (Prophet Muhammad) may be witnesses to (deeds) of you. We do not fix the Qiblah (Jerusalem) to which you (formerly) turned, except that We know (in reality) who follows the Messenger and who turns back. Indeed (moving the Qibla) is very difficult, except for those who have been guided by Allah. God will not waste your faith. Indeed, Allah is truly Merciful and Merciful to mankind.

*40) The middle class means the chosen people, the best, fair, and balanced, both in beliefs, thoughts, attitudes, and behavior.

Consensus position

The position of consensus among several scholars is different or it can be said that several scholars have different opinions about consensus. Quoting from the site siswadywordpress.com that according to Jumhur ulama’ ushul Fiqh if the principles of ijma have been properly fulfilled, then the ijma that has been made can be used as a definite argument (qath’i). Therefore, the ijma must be practiced or done and no one can violate it. For someone who violates it can be considered a kafir.

In addition, a problem that already has a law through ijma activities, then the next generation of ushul fiqh cannot discuss problems that have happened before. This is because ijma law is a syara’ law whose nature is already qath’i or certain. In addition, ijma law is ranked third in syariah evidence’ after law based on the Qur’an and Hadith.

However, for some Shi’ite scholars, and a Mu’tazilah figure, Ibrahim bin Siyar al Nazzam, has the opinion that consensus cannot be used as evidence. Ibrahim bin Siyar al Nazzam revealed that the social and cultural structure in each region is not always the same, so consensus cannot be used as evidence.

Types of Consensus

According to ushul fiqh scholars, ijma consists of two types, namely ijma Al Sukuti and ijma Al Sarih.

Ijma Al Suukuti

Ijma Al Suukti is a type of consensus when scholars or ijtihad experts decide to remain silent, but the silence of ulama or ijtihad experts is because they agree with all the opinions that have been presented by ijtihad experts and other scholars.

Ijma Al Sarih. 

Ijma Al Sarih is a type of consensus in which the scholars and experts of ijtihad each convey their opinion related to the problem that occurs, whether it is conveyed orally or in writing. The opinion presented is in the form of agreeing or disagreeing with the opinions that have been presented by other scholars and ijtihad.

Ijma Al Sarih has quite a variety of names, such as iqma qauli, ijma hakiki, ijma bayani, and others. Therefore, there are those who call the consensus of Al Sarih with the name of genuine consensus or something else. Although it has a different pronunciation, it still does not reduce the meaning of the consensus of Al Sarih itself.

Those are the types of consensus according to ushul fiqh scholars. In addition, some sources also say that in addition to the Al Sarih consensus and the Al Suukti consensus, there are still several other types of consensus, such as the consensus of the Madinah scholars, the consensus of the Ahlul Bait, the consensus of the Kufah scholars, the Salaby consensus, and the consensus of Khulafaur Rasyidin (Abu Bakar and Umar). . After discussing the types of consensus, the next thing we will discuss is the pillars of consensus.

Pillars of Consensus

Quoting from the Sharia discussion page that in the book of ‘Ilm Ushul Fiqh, Abul Wahaf Khalaf thinks that the principle of consensus is an element and the main fact that must be present when conducting consensus. He also believes that there are 4 pillars of consensus, namely:

  1. When there is an event or problem whose solution requires consensus, there must be several people who are equal to the mujtahid. An agreement in ijma cannot be confirmed if it does not agree with the consensus of opinion of all the mujtahids who made the ijma. In addition, if at one time and in one region there is no mujtahid at all or there is only one, then the ijma is invalid or cannot be used.
  2. All the mujtahids who are in the making of ijma must have an agreement on the law of a problem without having to look at or look at specific tribes, races, groups, and countries. In other words, ijma cannot be valid if the mujtahids have a comprehensive agreement.
  3. An agreement in ijma can be reached and valid if every mujtahid present has conveyed his opinion as a form of the result of his ijtihad efforts. As for the form of the opinion, it can be in the form of a speech issuing a fatwa in the form of Action by giving a decision against the law in a court as well as his position as a judge. The presentation of opinions can be in the form of individuals only, but the result is that all scholars and mujtahids have the same opinion.
  4. The legal agreement that has been reached when performing ijma comes from the consensus of scholars and mujtahids as a whole. If there are some scholars or mujtahid who do not agree with the result of the agreement that has been determined, then such a thing cannot be called ijma. If there is a difference of opinion, then there is a possibility that the consensus that will be made has errors. In other words, even if the agreement in making ijma already has a majority vote that agrees, but there are still some scholars who do not agree, then it cannot be used as a definite proof of syariah.
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Example of consensus

In order to better understand what consensus is, we need to know examples of consensus. The following are examples of consensus, including:

  1. The consensus of scholars and mujtahids on the prohibition of lard.
  2. Produced an agreement in the form of writing the Al-Quran which was done during the leadership of Abu Bakar As Shidiq.
  3. Being as-sunnah as the second source of Islamic law after the first source of Islamic law, Al-Quran.

Meaning of Qiyas

Qiyas is one of the four sources of Islamic law that have been agreed upon by scholars and mujahids. As for the other three sources of Islamic law, namely the Quran, Hadith, and Ijma. Linguistically, the word qiyas comes from the root word, qaasa-yaqishu-qiyaasan which means measurement. In addition, qiyas in language means an action to measure something or an event that is then equated. The scholars of usul fiqh say that although qiyas are very diverse, they still have the same meaning.

Whereas, according to the term, qiyas is an action to compare something that does not have a written law with something that does have a written law, then seen based on the similarity of evil observed in accordance with the syar’a’. According to Imam Syafi’i, the position of qiyas is below consensus, so qiyas becomes the last source of Islamic law.

Pillar of Qiyas

Similar to ijma, qiyas also has its principles. With the principles of qiyas, then qiyas becomes valid. Therefore, in determining qiyas, the principles of qiyas must be met first.

1. Ashl 

Ashl is the origin of a problem that already exists before or the law already exists in the form of ijma or nash. Ashl also has another name that is more commonly known as musyabbah bi or place of reckoning.

2. Ashl Law

Ashl law is syariah law that has been established by nash and is required to establish the faru law. In other words, the position of ashl law must be clear, whether it includes sunnah, wajib, mubah, and makruh.

3. Far’u

Far’u is a branch that comes from the problem of ashl (origin). This rule of law usually comes from a consequence of a cause that already exists before.

4. Illat

If viewed linguistically, illat can be interpreted as a reason and become ashl law (origin) or it can be said that illat becomes a reason for legal requirements.

Type of Qiyas

Qiyas are divided into 3 types, namely qiyas illat, qiyas dalalah, and qiyas shabah.

1. Qiyas Illat

Qiyas illat is a type of qiyas that already has a certain clarity from the two questions that have been compared and measured. Qiyas illat consists of two types, namely qiyas jail, qiyas khafi, and qiyas.

2. Qiyas Dalalah

Qiyas dalalah is a type of qiyas that already shows the law that is in accordance with evidence of illat. Qiyas dalalah can also be interpreted as a type of qiyas that can be applied by connecting the branches and branches of the law based on illat.

3. Qiyas Shabah

Qiyas shabah is a qiyas that brings together the branches of qiyas with a main problem that works only for comparison.

Evidence of Qiyas in the Qur’an

Surat An-Nisa Verse 59

Meaning:

O you who believe, obey Allah and obey the Messenger (Prophet Muhammad) and the ululamri (power holders) among you. If you disagree about something, return it to Allah (the Qur’an) and the Messenger (the Sunnah) if you believe in Allah and the Last Day. That is better (for you) and better as a result (in this world and in the hereafter).

The argument is also used as a reference in doing or making qiyas.

Qiyas example

Examples of qiyas near us include:

  1. Define narcotics as alcohol or intoxicating drinks.
  2. Renting during the call to prayer on Friday has the law of makruh.

Thus the discussion about ijma and qiyas which is the third and fourth source of Islamic law. Hopefully all the discussions in this article will be useful for Reader.