Explanation

Q. Define Ijma‘(consensus) and explain its different kinds. Can legislation by the parliament of an Islamic state be regarded as a valid consensus? (20 marks)

Definition of Ijma‘ (Consensus):

Ijma‘ refers to the unanimous agreement of Islamic scholars on a particular issue concerning Islamic law after the death of the Prophet Muhammad (PBUH).

It is considered one of the primary sources of Islamic jurisprudence.

Different Kinds of Ijma‘:

1. Ijma‘ of the Companions (Sahaba):
   

2. Ijma‘ of Scholars (Fuqaha):.

3. Ijma‘ of a Community:
   

4. Ijma‘ of a Region or State:
   

Can Legislation by Parliament of an Islamic State be Considered a Valid Consensus?

• Yes, under certain conditions:
  Legislation by an Islamic parliament can be regarded as a valid form of consensus if it aligns with the fundamental principles of Islam (Qur'an, Hadith, and Ijma‘) and is in the public interest (Maslaha). It must be backed by scholarly consensus and not contradict the established sources of Islamic law.