8.5. TRANSMISSION OF IJMA`
The issue to be examined here is the nature of the evidence by which the fact that a particular question has been determined by ijma’ may be proved. From this perspective, ijma’ is divided into two types, namely ‘acquired’ (muhassal) and `transmitted’ (manqul). The first is concluded with the direct participation of the mujtahid without the mediation of reporters or transmitters. The mujtahid thus gains direct knowledge of the opinions of other mujtahidun when they all reach a consensus on a ruling. But transmuted ijma’ is established by means of reports which may either be solitary (ahad) or conclusive (mutawatir). In the case of transmission by tawatur there is no problem of proof, and ijma’ which is transmitted by tawatur is proven in the same way as acquired ijma’. But there is disagreement regarding ijma’ which is transmitted by way of solitary reports. Al-Ghazali points out that a solitary report is not sufficient to prove ijma’, although some fuqaha have held otherwise. The reason is that ijma’ is a decisive proof whereas an ahad report amounts to no more than speculative evidence; thus, it cannot establish ijma.
Al-Amidi explains that a number of the ulema of the Shafi’i, Hanafi and Hanbali schools validate the proof of ijma’ by means of solitary reports whereas another group of Hanafi and Shafi’i ulema do not. All have nevertheless agreed that anything which is proved by means of a solitary report is speculative of proof (thubut) even if definitive in respect of content (matn).
Proof by means of tawatur can only be claimed for the ijmaof the Companions; no other ijma’ is known to have been transmitted by tawatur. This is the main reason why the fuqaha have differed in their views concerning any ijma` other than that of the Companions. A large number of the ulema of usul have maintained that transmission through solitary reports amounts to speculative evidence only. When ijma’ is based on such evidence, it loses its value and the hukm for which ijma` is claimed must be referred back to the source from which it was derived in the first place.
by M. H. Kamali.
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