been mentioned in the Holy Qur’ān without being abrogated.
In the terminology of the Muslim jurists, Ijmā‘8 means a consensus of opinion of the Muslim jurists of a particular age on a question of law. This agreement is inferred in three ways: firstly, by word (qaul), i.e., by recognized jurists expressing an opinion on the point in question; secondly, by deed (fi‘l), i.e., when there is unanimity in practice; and thirdly, by silence (sukūt) — when the recognized jurists do not controvert an opinion expressed by one or more of them. It is generally held that Ijmā‘ means the consensus of opinion of such authorities only (mujtahids), and those who are not learned in law do not participate in it, but some are of opinion that it means the agreement of all Muslims. There is a difference of opinion as to whether Ijmā‘ is confined to a particular place or to one or more particular generations. Imām Mālik based his Ijtihād on the consensus of opinion of the people of Madīnah. Theoretically, such a limitation is untenable, as learned men were not confined to Madīnah, and were sent out to outlying parts of the country even in the Holy Prophet’s lifetime. The more generally received opinion is that men of all places must be included. Again, the Sunnī schools of thought exclude the Shī‘a jurists (mujtahids) from the purview of Ijmā‘, and vice versa. The Shī‘as further hold that only descendants of ‘Alī and the Holy Prophet’s daughter Fāṭimah are the proper persons to exercise Ijtihād. Among the Sunnīs, some jurists are of opinion that Ijmā‘ is restricted only to the Companions of the Holy Prophet, others extending it to the next generation, but the general opinion is that it is not confined to any one generation, not to any one country, and therefore only the consensus of opinion of all the Jurists of all countries in any one age is an effective Ijmā‘, and this is almost an impossibility.
There is considerable difference of opinion as to whether an effective Ijmā‘ is formed by a majority of the jurists or by the agreement of the entire body of them. Most authorities require the unanimity of opinion of all the jurists of a particular age, but others have held the opposite view. However, it is generally agreed that if
8 The word Ijmā‘ is derived from jam‘ which means collecting or gathering together, and Ijmā‘ carries the double significance of composing and settling a thing which has been unsettled and hence determining and resolving upon an affair, and also agreeing or uniting in opinion (LL).