Ijma as a source of jurisprudence in Islamic banks
As noted by Farooq (2006), Ijma is an Arabic word with two meanings. One of the meanings is to determine while the other is to agree upon something. This word has usage both in the hadith and in the Quran. The author further states that the Sunnah and the Qur’an are foundational sources, while qiyas and ijma are derivative sources. Ijma plays a critical role in the lives of Muslims from a socio-religious perspective because it helps to promote integration. Ijma has become a significant source of influence on many religious issues. In the past, Muslims regulated all their religious doctrines through ijma, which meant that disapproving it amounted to digression. The wide recognition of the concept shows that it is possible to integrate it in Islamic banks.
Modern views regarding ijma
The emergence of numerous schools of jurisprudence (also known as madhabs) plays a critical role in promoting ijma. Besides, Muslims have appreciated that some of these constituting beliefs signify a systematization of the approach, including the various laws, views and regulations. The doctrine of ijma is critical because it helps to regulate the actions of Muslims. Diversity in terms of thinking, as well as providing room for disagreement represents some of the modern views on the issue. These positive moves are essential because they signify dynamism in many ways. However, the modern Muslim thinkers thought it advantageous that broad agreement should prevail in all madhabs with regard to the various facets of customs and worship (Farooq, 2006).
Various limitations of ijma as a source of Shariah
One of the most notable limitations of ijma is that there is no consensus regarding the source of authority of the various issues surrounding it. In addition, distinguished intellectuals have made several claims that the concept of ijma does not have its foundations on the Quran. Besides, both the hadith and Quran have not been compellingly accepted as the foundation of ijma, which then raises doubts regarding the foundation of its authority. Outstanding academics such as al-Amidi have made serious claims that ijma is probabilistic, which raises doubt regarding its reliability. In addition, Farooq (2006) provides a long list of the issues in which there is no consensus.
Findings
The findings of this report indicate that while Ijma plays a vital role in the lives of Muslims, some sections of people in that community highly criticize it. Although ijma is a derivative (secondary) source, it helps to promote integration among Muslims. The modern views on the issue signify appreciation for some of its constituting beliefs. Modern views on the issue also reveal diversity in terms of thinking, which is positive because it suggests enthusiasm in some way. The report has also noted a number of limitations regarding ijma that prevent its acceptance across the board. Notable scholars have criticized ijma, which weakens its credibility (Farooq, 2006).
Conclusions
Ijma is a highly influential concept among the Muslims. The concept has usage in both the hadith and in the Qur’an, which explains its influential role among Muslims. Although modern views regarding the concept are positive, the various limitations have a considerable influence on its applicability as a source of Shariah in Islamic Banks (Farooq, 2006). In the first place, there is no consensus regarding its meaning. Secondly, the various claims by different scholars regarding its foundation also contribute in weakening its acceptance in Islamic Banks.
Recommendations
This report presents the following recommendations to ensure the acceptance of ijma as a source of Shariah in Islamic Banks (Farooq, 2006):
- There is a need for consensus on the meaning of the concept
- There is also a need to identify the parties to the agreement to avoid uncertainty
- Comprehensive measures are necessary to determine the level of competency that should apply to the participants of ijma
- As Banks usually require some level of certainty, measures such as identifying the scope and period covered are indispensable
- There is also the need to define the meaning and scope of other terms closely associated with ijma.
Reference
Farooq, M. O. (2006). The doctrine of Ijma: Is there a consensus? [PDF document]. Retrieved from Lecture Notes.