❖ Question:
Is the consensus (ijmā‘) of contemporary scholars binding and does it hold legal authority in Shari‘ah?
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah. To proceed:
The consensus (ijmā‘) of the Ummah is definitive evidence, but with the condition that it is authentically established.
The only certain and authoritative consensus is the consensus of the Companions (Ṣaḥābah), as differences increased within the Ummah after their time.
“By definition, the valid consensus is the one that occurred during the era of the Salaf al-Ṣāliḥīn (the Companions and their followers), because later generations experienced increased disagreements and fragmentation.”
[Majmū‘ al-Fatāwā: 4/63]
“Only that ijmā‘ is valid which the early generations agreed upon, because in later times it became impossible to collect the opinions of all scholars.”
[Al-Aḥkām fī Uṣūl al-Aḥkām: 4/147]
In contemporary times, if scholars unanimously agree on an issue, it may be accepted as a strong evidence, but it cannot be called a definitive or binding consensus (ijmā‘ qāṭiʿ).
This is because it is no longer possible to comprehensively compile the views of all scholars of the Ummah across various regions and sects.
Only that ijmā‘ is authoritative in Shari‘ah which:
➊ Must be established through a reliable chain:
Either it is well-known among the scholars or narrated by a trustworthy transmitter.
➋ There must be no pre-existing, valid opposing opinion:
If a strong, historically recognized opposing view exists, then the consensus is not valid.
➌ It must not contradict the Qur’an or Sunnah:
The Book of Allah and the Sunnah of the Messenger (ﷺ) always take precedence over ijmā‘.
Therefore, a Muslim must primarily follow the Qur’an, Sunnah, and the consensus of the Companions.
If the majority of contemporary scholars agree on a matter, it may be taken as a valid argument—but it should not be assumed to be absolute proof in every case.
وَاللهُ أَعلَمُ بِالصَّوَابِ
Is the consensus (ijmā‘) of contemporary scholars binding and does it hold legal authority in Shari‘ah?
❀ Answer:
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah. To proceed:
The consensus (ijmā‘) of the Ummah is definitive evidence, but with the condition that it is authentically established.
The only certain and authoritative consensus is the consensus of the Companions (Ṣaḥābah), as differences increased within the Ummah after their time.
Shaykh al-Islam Ibn Taymiyyah (رحمه الله) said:
“By definition, the valid consensus is the one that occurred during the era of the Salaf al-Ṣāliḥīn (the Companions and their followers), because later generations experienced increased disagreements and fragmentation.”
[Majmū‘ al-Fatāwā: 4/63] Ibn Ḥazm (رحمه الله) stated:
“Only that ijmā‘ is valid which the early generations agreed upon, because in later times it became impossible to collect the opinions of all scholars.”
[Al-Aḥkām fī Uṣūl al-Aḥkām: 4/147]❖ Summary of the Ruling:
In contemporary times, if scholars unanimously agree on an issue, it may be accepted as a strong evidence, but it cannot be called a definitive or binding consensus (ijmā‘ qāṭiʿ).
This is because it is no longer possible to comprehensively compile the views of all scholars of the Ummah across various regions and sects.
Only that ijmā‘ is authoritative in Shari‘ah which:
- Is transmitted from the righteous predecessors (Salaf)
- Or is established with sound transmission and no known historical disagreement.
Conditions for a Valid Ijmā‘:
➊ Must be established through a reliable chain:
Either it is well-known among the scholars or narrated by a trustworthy transmitter.
➋ There must be no pre-existing, valid opposing opinion:
If a strong, historically recognized opposing view exists, then the consensus is not valid.
➌ It must not contradict the Qur’an or Sunnah:
The Book of Allah and the Sunnah of the Messenger (ﷺ) always take precedence over ijmā‘.
✔ Conclusion:
- The consensus of the Companions is a definitive and binding proof in Islam.
- The agreement of later scholars may be accepted as a strong form of scholarly reasoning (istidlāl), but it does not constitute definitive ijmā‘.
- A consensus is only valid when it is:
- Established by authentic chain,
- Free of past opposing views, and
- In alignment with Qur’an and Sunnah.
Therefore, a Muslim must primarily follow the Qur’an, Sunnah, and the consensus of the Companions.
If the majority of contemporary scholars agree on a matter, it may be taken as a valid argument—but it should not be assumed to be absolute proof in every case.
وَاللهُ أَعلَمُ بِالصَّوَابِ
