Examples of ijma’ in contemporary world

The jurists are not unified as to the possibility of ijma’ in the contemporary world.
This will be further discussed into four points.

Firstly, the opposing jurists argue that it is impossible to recognize who is mujtahid
and non-mujtahid since there is no prescribed regulations for a person to be considered as a
mujtahid.

Secondly, they argue that a condition for ijma’ is the participation of all the mujtahids
of a particular period and this requires identification of all mujtahids as well as the
identification of their opinions1. They are of the view that since the mujtahids are spread all
over the Muslim lands, it is not possible to gather them in one place. They further
strengthened their argument by saying that even if they were to gather at one place, it would
be difficult to achieve a unanimous decision as they come from different backgrounds i.e.
geographical, mental, cultural.

Thirdly, they argue that a mujtahid has to rely on evidence in the sources for the
formulation of his opinion2. They add that since evidence can be either definitive or probable,
there is an impossibility in getting all mujtahids to agree on one point.

Fourthly, some opponents highlight that if they are able to achieve a unanimous
decision for a certain issue, it is quite impossible to implement it the hukm all over the world
due to external factors3.

The most common example of ijma’ in contemporary world is in the context of

modern Islamic finance. Islamic finance refers to institutionalized practice of financial
transaction that complies with the Islamic law4. Islamic finance can be divided into three
categories which are Islamic banking product, Islamic capital market product and takaful
product.

1
Imran Ahsan Khan Nyazee, Islamic Jurisprudence: Usul Al-Fiqh (Selangor, Malaysia: The Other Press Sdn. Bhd.,
2018), p. 192.
2
Ibid., p. 192.
3
Muhammad Amanullah, Possibility of Conducting Ijma’ in the Contemporary World, p. 5.
4
Taslima Julia & Zainab Belal Omar, Application of Ijma’ in Modern Islamic Finance Rulings: Does Ijma’
Really Exist? A Literature Review, p. 38.
 As for Islamic banking product, it is done based on musharakah mutanaquisah
whereby partnership promises to gradually buy the equity share of the other partner until the
title of the equity is completely transferred to him 5. As for Islamic capital market products,
the scholars agree on the practice of securitization by issuing Sukuk which can be defined as
a claim that are similar to notes or certificates 6. As for takaful products, it is also based on
mutual cooperation, shared responsibility and mutual protection. A unanimous agreement of
fatwa is found to operate takaful based on cooperation and the rejection of conventional
insurance7. Therefore, there is a positive notion that Ijma’ prevails in Islamic finance rulings.

In conclusion, even though it seems difficult to conduct ijma’ in modern times, it is

always possible to conduct Ijma’ as it derives its authority from Quran and Sunnah. In fact,
Ijma’ in the contemporary world is not only feasible and allowed but is also obligatory in
cases where Fiqh rulings can only be ascertained through Ijma’.

5
Taslima Julia & Zainab Belal Omar, Application of Ijma’ in Modern Islamic Finance Rulings: Does Ijma’
Really Exist? A Literature Review, p. 41.
6
Ibid., p. 42.
7
Ibid., p. 42.