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IBN AZM'S

CONCEPT OF IJMĀ‘

By

Dr. M uhammad Amin A. Samad

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ABSTRACT

This book is an attempt to study Ibn H.azm’s concept of ijmā‘

(consensus). Ibn H.azm was a Muslim scholar of Persian origin, who

revived the Z.āhirī school in Andalusia (Muslim Spain) in the fifth/eleventh

century. The Z.āhirī school was founded by Dāwūd in Iraq in the

third/ninth century. This school was known for its insistence on the literal

interpretation of the nas.s. (divine text). Ijmā‘ is accepted by Muslim jurists

en masse as the third source of Islamic law after the Qur’ān and the

Sunnah (practice) of the Prophet. However, these jurists held different concepts on ijmā‘ according to the schools to which they belonged. As an

exponent of the Z.āhirī school, Ibn H.azm’s concept of ijmā‘ is quite

different from those of other jurists. In defending his concept and refuting

those of his opponents, he based his argument upon the literal meaning of the nas.s..

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So, I said: ‘Do they blame me for anything except that I do not uphold ra’y (personal opinion in religion), as there are discords in

their opinion,

‘And that I am in love with nas.s. (divine text), and I do not lean

upon other than it, nor shall I be weak in supporting it?

‘I will not incline towards any opinion said in religion; nay, the Qur’ān and the Sunnah (practices of the Prophet) suffice me.’

Ibn azm

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TABLE OF CONTENTS

ABSTRACT …………………………………………… iii

RÉSUMÉ ……………………………………………… iv

TABLE OF CONTENTS ………………….…………… vi

ACKNOWLEDGEMENTS ……………………… viii

TRANSLITERATION SYSTEM ……………………… x

INTRODUCTION ………………………………… 1

Endnotes ……………………………………………… 3

Chapter

I. HISTORICAL BACKGROUND ………..…………. 5

A. The Background of Ibn H.azm ………………. 5

1. A Short Synopsis of Ibn H.azm’s Life……… 5

2. Ibn H.azm’s Contact with Religious Scholars …… 7

B. The Problems of the Definitions and

Occurrence of Ijmā‘ …………………………………. 17

1. The Definitions of Ijmā‘ ………………………… 17

2. The Occurrence of Ijmā‘ ……………………………… 25

Endnotes to Chapter I ……………………… 28

II. JUDICIAL BACKGROUND ………………………. 35

A. Ibn H.azm’s View of the Basis of Ijmā‘ ……….. 35

1. Qur’ān……………………………………………….. 41

2. Sunnah ………………………………….. 43

3. Qiyās…….. ……….………..…………………… 52

B. Ibn H.azm ‘s View of the Types of Ijmā‘ ………. 53

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1. Ijmā‘ on What is Known in Religion by Necessity … 54

2. Ijmā‘ of the S.ah.ābah …………………………. 55

3. Ijmā‘ of the People of Madīnah ………….… … 63

4. Ijmā‘ where no Challenge is Known………………. 69

5. Ijmā‘ with One Challenge ………………… .. 73

Endnotes to Chapter II……………………………… 82

CONCLUSION …………………………………………… 94

GLOSSARY …………………………………………… 98

APPENDIX ………………………………………… 103

BIBLIOGRAPHY ……………………………………. 104

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ACKNOWLEDGEMENT

I would like to express my sincere gratitude to Dr. Charles J. Adams,

the former Director of the Institute of Islamic Studies, McGill University, and Dr. Hermann Landolt, the former professor of this Institute for their

support and encouragement in reading the draft of this work.

I wish to express my gratitude and appreciation to Dr. Karim Crow

for editing and proof-reading and Dr. H. Murtada Naqib for his assistance

and advice, especially in writing the second chapter of this work.

My thanks also go to Dr. Teddy Mantoro and others who have

contributed, in one way or another, to the completion of this study. I sincerely express my deep thanks and appreciation for their support.

Canberra, December, 2011 M.A.S.

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TRANSLITERATION SYSTEM

The English transliteration for Arabic names and terms followed in

this thesis is as follows:

a. Consonants:

ا = a or ’ = b = t = th = j = = kh = d

=dh = r = z = s = sh = = d. =

= z. = ‘ =gh = f = q = k = l = m

= n = h = w = y = ’ (like alif)

b. Vowels:

Short: long:

Fatah: ---- = a = ā

Kasrah: ---- = i = ī

D.ammah: ---- = u = ū

c. Tā’ Marbūt.ah: ah, e.g., sūrah ( )

Tā’ Marbūt.ah in id.āfah: at, e.g., sūrat al-Baqarah ( )

d. Alif maqs.ūrah: á, e.g., qad.á ( ) and shūrá

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