Ijma (2)

Now we will look at the main reasons given for why Ijma' should be accepted (theologically):

1. Allah would not have let all the scholars agree due to his kindness (lutf) – Shaykh Tusi’s argument

2. The same proofs that are used for the authority of normal traditions with trustworthy people. If someone of the caliber of Shaykh Tusi/Murtada narrates there was ijma’, that means that a trustworthy person mentioned it to them

3. If one of the people in the ijma’ is the Ma’sum Imam., then he cannot be wrong

4. There is a narration attributed to the Prophet (SAW): “My nation will never reach consensus on something that is wrong”

5. Muhammad Baqir Sadr’s usage of multiplication of probabilities (حساب الاحتمال) – the chance of each one of the scholars making a mistake by themselves may not be negligible but when all of them independently reach a ruling, then it is far more likely to be true.

The first/third/fourth points assume that the rule is true, as God would not let the scholars agree on a true ruling. The second proof is conveying the rule given by others. Only the final proof actually uncovers a law.

Therefore, for the non-final proofs, they are a type of ijma’ that is not something that can constitute a legal basis for a ruling by themselves. They do not uncover a ruling, but they are just supplementary to a ruling.

The final proof, however, does give enough weight to by itself to show an actual ruling, and is independent of the Qur`an and sunnah, as it is something that uncovers a ruling by itself.

Because of this, the ijma’ shows that you are trying to uncover part of the sunna of the Prophet/Imam, or his words/action (called ارتكاز or رواية غير مكتوبة). We can be sure that there is no written riwaya, otherwise they would have mentioned it in their books (and if they did, that would be the thing that you base the ruling on – looking at its chain of narrations and content). The ijma’ shows the presence of something in the minds of the Imam or something that was clear amongst them, and when the jurists present saw that, they based their rulings on it (based on learning from the Imam).

[just for information, this is based on Muhammad Baqir Sadr - others believe that point 1 is sufficent]

In the next blog, we will look at the conditions for ارتكاز to be discovered.