Arguments from Jurisprudence

Consequently, they claim a consensus or ‘ijma’ among jurists and scholars. However, this consensus is often based on imitation rather than independent research and scholarly inquiry, contrary to the academic and Shariah definitions of ‘ijma.’ Consensus is widely regarded as one of the four sources of Shariah. However, it would be incorrect to state that scholars have reached a consensus on the matter of killing blasphemers. Instead, it is more accurate to say that most scholars have expressed a similar opinion. One form of consensus is when scholars and jurists from different periods of history are unanimous on an issue. This is known as the consensus of the majority of scholars, meaning the opinion shared by the majority. Another form of consensus, or ‘ijma,’ is described by Qadi Baydawi as the agreement among Muslim jurists on a particular issue. (Minhaj-ul-Usool, Vol 1, p. 37) On the legitimacy of consensus, an argument is made from the commandment of consultation in Islam. For example, in this context, the following verse from the Quran is presented: “And consult them in the matter” (3:159) as a source of the principle of consensus. This indicates that consultation is an integral part of the consensus. Consensus is reached through mutual consultation among Muslim scholars. Therefore, consultation is necessary for consensus, and achieving consensus requires all relevant individuals to come together in one place and engage in detailed discussions to reach an agreement.