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Ijma means the consensus of the mujtahids following the era of the Prophet Muhammad regarding the rulings on a Shari'i-deed issues, and according to almost all of the fuqaha, it is the third of the "adille-i shar'iyya" after the Qur'an and the Sunnah. In the Islamic legal system, the main purpose of the evidence of ijma is considered as fixation, that is, to reveal the constants of religion, which are inviolable and constants. As, if ijma has been made on a subject on which jurisprudence has been made, that issue has ceased to be jurisprudence and the judgment on it has reached the dimension of finality, and it is no longer considered correct to resort to ijtihad again for that issue during that period. As a result, a fixed has arisen for that matter and the judgment on the matter is closed for discussion. In this respect, the re-discussion of such provisions (constants) would mean a discussion of the essence of religion. The subject of ijma, which is so binding for Muslims, has been meticulously examined by Islamic jurists due to its importance and many works have been written on this subject. One of these studies is the book titled "The Theory and Practice of Ijma According to Kâsânî" by Prof. Dr. Ayhan AK, a faculty member of the Department of Islamic Law, Faculty of Theology, Ondokuz Mayıs University. In this article, Ayhan AK's work will be evaluated such as its contribution to the field, its value, strengths, and weaknesses. [ABSTRACT FROM AUTHOR]

This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr’s thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of ‘ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr’s thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using ‘ulamā’s methodology. This research study used an Islamic law methodology (uṣūl al-fiqh) approach. This study concluded that the Shaḥrūr’s thinking in understanding the sources of contemporary Islamic law is not comprehensive and less of combination among sources and propositions used by ‘ulamā. Etymology understanding is most dominant in his methodology. In addition, there are some misunderstandings on Islamic law concepts raised by ‘ulamā. Contribution: This research enriched the study of contemporary Islamic law in responding to challenges of different times. Shaḥrūr offered a new paradigm that in al-Quran, the laws have certain limits and they should not be violated. The sunnah was divided into two parts, the changing and the unchanging. Qiyas is an analogy with the problems that happen now with those that happened in the past. And ijma is an agreement from people who have authority in certain matters. [ABSTRACT FROM AUTHOR]

The Prophet did not identify the binding and non-binding aspects of worship by listing the rukn and conditions. Therefore, ḥadiths are not normative as in the articles of law. In addition to this, the Prophet did not mention some issues at all and displayed a different attitude on some issues. After the death of the prophet, it became necessary to determine the normative aspects of the ḥadiths. The Companions began to determine the rukn and conditions of worship based on the ḥadiths they knew. While doing this, the idea that the alternative idea is wrong started to become widespread when the method of reducing the truth to one instead of the pluralist idea was adopted. This research aims to determine the difference between the abstract revelation and the normative aspect that has been embodied and determined. For this purpose, Tirmidhi's work called Sunn, which gives information about the relationship between ḥadiths and deeds, was preferred. In most of the issues on which scholars disagree, there is usually no determination reported from the Prophet. It has been observed that in the vast majority of the subjects of consensus, there are ḥadiths that determine the rule originating from the Prophet. When the Prophet wanted to determine the rules of action, he determined this rule. For this reason, instead of disagreement, an alliance was formed on the mentioned issues. The number of rakahs of the prayers, the adhan and many more are some of the examples of this. The prophet did not mention some subjects because of the concern that they would be made obligatory. His Companions did not ask questions about these issues, the rules on such matters began to be determined by the Companions. Since the determination of the rules in such matters is done by human hands, conflicts have been inevitable. The Prophet performed the same action in different ways in some matters, such as raising the hands between the rukn in prayer. It shows that the Prophet did not have a point of view that reduces the truth to one in some matters. It is for this reason that ḥadith scholars mostly used the cem' method in solving conflicting ḥadiths. However, due to human nature, scholars who assumed that truth was the only one ignored alternatives. This disagreement is not about the inaccuracy of one of the actions, as some scholars in the classical period said, but about the prophet himself doing the same action in different ways. While the rules were determined in the subjects where the Prophet did the act in different ways, reducing the truth to one was adopted as a method and the alternative action began to be considered wrong. As a result of this, the conflict, which was actually a mercy for the ummah, was seen as a trouble and turned into an element that separated the ummah. In the research, it was seen that there was very little disagreement on the issues determined by the Prophet. In such cases, the determination of the reason for the verdict, the use of customs and other relevant evidence have led to small disputes. Another issue that leads scholars to disagreement in determining the normative aspects of ḥadiths is the debate about the authenticity of ḥadiths. First of all, let us emphasize that the disagreement of the Companions about the weak ḥadith increases the weakness of the ḥadith; Its consensus shows that the ḥadith is actually authentic. For this reason, paying attention to the explanations of the Companions on issues where weak ḥadiths cause conflict is a sound way to eliminate conflict. In addition, the narrator's dispositions, such as the transmission of mawkuf narrations as marfu, also contributed to the formation of conflicts. It is clearly seen that the ḥadiths which determine the rule transmitted from the Prophet, were effective in the formation of consensus. In addition, in cases where there is no marfu ḥadith or weak ḥadith on the subject, a consensus has been formed from time to time. In such cases, the basic element that ensures the alliance of the companions and scholars is the unity of practice. This situation shows the power of practice besides the ḥadiths. As a result, since the Prophet made the necessary explanations on the issues that he did not want his ummah to fall into conflict, there were no differences of opinion. In other cases, there were deep divergences of opinion, since the conflicts that occurred were by people other than the Prophet. For this reason, it should always be kept in mind that the Prophet did not determine the rule in conflicted issues out of compassion for his ummah and it should not be forgotten that whatever opinion is preferred on such matters, the choice made is not based on revelation, but on ijtihad. [ABSTRACT FROM AUTHOR]

Ijma, defined as the agreement of the mujtahid in the century after the passage of the Prophet (Pbuh) on a religious issue, is divided into two according to the form of the agreement either as explicit ijma (ijma' sarih/ ijma' qawli) or tacit ijma (silent ijma'/ijma' sakuti). Even though scholars disagree on some issues related to the detail of explicit ijma, they are unanimous with the subjects forming the basic framework. However, there are important disputes in tacit ijma. In the doctrine of the Islamic Law, the majority of the scholars from the Hanafi and Malikia schools, the representatives of the Hanbali school, some scholars from the Shafii school, and some of the Mu'tazilah consider it as one of the main sources of the Islamic law. Nevertheless, the majority of Shafii school and some of the Hanafi and Malikia schools do not include tacit ijma in the hierarchy of evidence. Those scholars, who consider tacit ijma as a type of ijma have disputes on a number of details such as the conditions of tacit ijma formation, its time, accuracy, and inaccuracy. The aim of the present is to reach a conclusion about the value of tacit ijma as a resource by providing information about the details and controversies. [ABSTRACT FROM AUTHOR]

Is authoritarianismintrinsic to Islam? Is Islamincompatiblewith democracy? These questions are frequently debated in the context of the study of the relationship between theWestern and Islamic civilization. The debate has gained momentum since the last decade of the twentieth century, especially after the collapse of the former Soviet Union and the subsequent transition of socialist states in Eastern Europe and other authoritarian states in Asia and Latin America to democracy. The publication of The Clash of Civilizations by American scholar Samuel Huntington, in which he presented a controversial argument about a cultural divide and clash between the Islamic world and theWest, pushed the debate even further. Apart from Muslim intellectuals, Western academics have spent a significant amount of time on these questions, with a multitude of articles and volumes examining the compatibility of Islam and democracy. In this paper, we will examine Islam's relationship with democracy from normative and philosophical viewpoints, examining how the established values and principles of Islam as reflected in the Qur'anic and prophetic traditions correspond to Western democratic norms and practices. In order to obtain a profound understanding of this subject, we have delved into, through content analysis, the thoughts of several early modernist Islamic scholars who have had tremendous impact on contemporary Islamic revivalist movements throughout the world, and interviewed a number of contemporary Islamic thinkers in Bangladesh. [ABSTRACT FROM AUTHOR]

When the sources are examined, it appeared that the ijma has been considered as one of the shar’i arguments and has been used in many cases. However, an alliance has not been established on the evidence suggested for the acceptance of ijma as a shar'i evidence. It is also determined that there are disputes in matters such as the subject of ijma, ahl al-ijma and its obligation. Despite current disputes, it is true that the ijma is applied to political, legal and ideological issues. This study’s aim is to determine the causes that reveal the consideration of the ijma that it is not initially included among the shar’i proofs. It has been investigated whether it is possible to apply to the evidence of ijma on the basis of the definitions and applications on delicacy. In addition, comments have been included on the obligation of an issue proved on ijma. [ABSTRACT FROM AUTHOR]

Ijma is accepted as the third main source of Islamic law following Koran and Sunnah by the majority of Islam legists. A lot of issues emphasizing the importance of Ijma have been argued among Islam legists. Some subjects such as the provision, bill and the types of “Ijma” can be regarded as examples for this. Except for the well-known subjects like these, Islam legists have studied the less known subjects like “Compound Consensus”. Our essay is about the importance of the concept “Compound Consensus”. Our essay is just the beginning of this concept and its main aim is to discuss general information about the importance of “Compound Consensus”. Our essay is made of two parts, and in the first part general (basic) information was given, and in the other part, that the concept of ‘‘Compound Consensus’’ is used by whom, how it is defined and which examples are used to ground it was studied and tried to identify it. [ABSTRACT FROM AUTHOR]

Ijma(Consensus)is the third fundamental source of Islamic law-like all other fundamentals of Islamic law this source is also has been discussed in the writings of Orientalists. Orientalists have identified and defined the above mentioned source differently. They traced its roots and foundations in Roman law, stoicism and Judaism. In this article their findings and viewpoints has been critically analyzed in the light of Muslim's standpoint. [ABSTRACT FROM AUTHOR]

In the classical theory of Islamic law, in point of its function, the ijma, which expresses the unanimous agreement of Muslim mujtahids on the shar'i provision of a matter at any time after the Prophet, is the strongest source (dalil) hierarchically, and ijma has been recognized as a self-contained source in terms of enforcement as well. Accordingly, ijma doesn't create a shar'i provision; it gives a decisive authority/validity to a provision in respect to represent the Divine will. Provisions based on ijma have got characteristics that should be followed even without requiring any positive authority. Authority of ijma has been assorted from various aspects, especially in respect of its validity. The authority of the companions' ijma is recognized by the whole Ummah including the shia. The most important function of ijma, specifically ijma of the companions, is to determine the concept, institution and principles prescribed by Qur'an and Sunnah and how they should be understood in a certain way as well as identifying the sources of religion and methods of reaching them. [ABSTRACT FROM AUTHOR]

İjtihad of committee is a fiqh activity that some mujtehids struggle to get shar'î zhannî hukm together. Actually, this type of ijtihad was fulfilling during the first century of İslam and after despite some differences. However, it is really hard to accept that ijtihad of committee is equal to a hukm produced with ijma in usul al-fiqh. Nevertheless the judgments determined by this method have more serious worth because they had been taken by caselaw council and produced with consulting In fact, the state of the written books about current issues and cases which appeal to this type of caselaws frequently and advise to apply to them indicates that how these judgments are important. That we have difficult and complicated problems which are related to other disciplines in our century compels us to constitute a new board of fıqh that consists of scholars in different majors. To be considered this need, international and local fiqh commission was established. These new committees have been producing shar'î hukm that will be solution to the todays Muslim's problems with ijtihad of committee. Assuredly, the idea of ijtihad of committee will give rise to take decision with ijma. Also, this type of activities will decrease public demands to individual fatwas. [ABSTRACT FROM AUTHOR]

Religious sciences divided into two main category as the küllî (comprehensive) and the cüz'î (specific). Without a doubt, Kalam (theology) represents the category of the comprehensive religious sciences per se. Usûlu'l-Fıqh (Methodology of Islamic Law) takes part in the category of specific sciences. Being a comprehensive discipline means that it affects the other disciplines in many ways and provides evidences for their main arguments. From this point of view, Shiah has Imâmet as a comprehensive factor of faith which affects many disciplines including methodology of Islamic Law and it's tried to be revealed how Imâmet influences these disciplines particularly in the example of Ijma (Consensus). Two contemporary studies are analyzed belonging one to Shiah scholar and other to Mu'tezilî scholar who both lived during the reign of Buwayhiyas (932-1062). [ABSTRACT FROM AUTHOR]

Abstract: Although the term ‘evidence-based medicine’ (EBM) is of recent origin, its roots are generally agreed to lie in earlier times. Several writers have suggested that the 11th century CE physician and philosopher Avicenna (Ibn Sina) formulated an approach to EBM that broadly resembles modern-day principles and practice. The aim of this paper is to explore the origins and influence of Avicenna''s version of EBM. A survey of the literature suggests that two influences on Avicenna''s thought were crucial: the doctrine of Ijma; and Stoic logic, perhaps transmitted via the writings of Galen. In turn, Avicenna is known to have been a major influence on both medical practice and the development of logic in medieval Europe. Through this route, Avicennian logic (notably its inductive aspect) inspired the new style of thought associated with the scientific revolution, which later came to be reflected in ‘scientific medicine’, and may therefore have been an indirect source of EBM today. [Copyright &y& Elsevier]

In the present article, Fazlur Rahman's understanding of the sunnah/hadīth will be discussed in comparison with Schacht's views on the same subject. That the views of Schacht and Fazlurrahman on Hadīth literature revolve around the term „living tradition/sunnah leads the comparison between the two and the idea of influence. It is intended to give examples which will hopefully help for better understanding of their positions. Besides the similarities, the differences between them will be noted with special emphasis on the possible reasons for them, and their effect on the dating of the traditions. [ABSTRACT FROM AUTHOR]