Search for tacit consensus

Document Type : Brief summaries of Dissertations.

Author

sjiijh

Abstract

Consensus is a fundamental principle of the religion, an important source of Islamic jurisprudence, and a reliable and valid proof of legal rulings. This verse clearly commands adherence to the Qur'an and Sunnah, and to the agreed-upon rulings of those in authority, who are the mujtahids of any era.

First: Consensus is the third source of Islamic jurisprudence, after the Qur'an and the Sunnah of His Prophet (peace and blessings be upon him). It is one of the legal proofs by which legal rulings are established.

Second: Consensus is divided into two categories: explicit consensus and tacit consensus. However, when the term "consensus" is used, it refers to explicit consensus, not tacit consensus.

Third: Tacit consensus is a proof that must be acted upon if its conditions are met. However, it is conjectural, less than explicit, definitive consensus, but it takes precedence over individual reports and analogy. Fourth: Consensus is an important topic that every student of Islamic jurisprudence should strive to understand and master, especially those who are responsible for issuing fatwas. They must be aware of the areas of agreement and disagreement among scholars. This can be achieved by referring to the books of jurists who devoted themselves to collecting issues of consensus and disagreement, such as Ibn Qudamah, Ibn al-Mundhir, Ibn Hazm, and others.

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