These are frequently asked questions about different sources of Muslim Law.

a) Give any four important sources of Muslim Law.

The sources of Muslim Law can be classified into a) Primary sources and b) Secondary sources. The holy Quran, The Sunnah, Ijma, and Qiyas ar e the important primary sources of the Muslim Law.

b) Name primary sources of Muslim Law.

The Sunnah, Ijma, and Qiyas are the important primary sources of the Muslim Law.

c) Name secondary sources of Muslim Law.

Customs or urf, Legislations, Judicial precedents, Fatwas, Equity, Justice, & Good conscience are considered as the secondary sources of Muslim Law.

d) What is Fatwa-e-Alamgiri?

The Fatawa-e-Alamgiri is a treatise authored by Aurangzeb wherein he outlines the ideal form of Sharia for all subcontinental Muslims and non-Muslims as well. It is a collection of fatwas or the replies of juris-consults, judges And Muftis.

e) What is Shariat?

Shariat means the Canon law of Islam or the totality of Allah’s commandments. Each of these commandments is called ‘hukm’ or ‘hukums’.

f) What is Sunna or Sunnat under Muslim Law?

Sunnah or Sunna is the second primary source of Muhammadan Law. The meaning of the word ’Sunnah’ is the precept of the Prophet. The word Sunna means “the trodden path”. Thus Sunnah is some kind of practice or precedent or traditions of the Prophet.

g) What is ijma?

Ijma is the third source of Muslim Law source of law gets active when the Quran and traditions (Sunnah) could not supply any rule of law for a new problem. The Jurists (Mujtahids) used to agree unanimously and gave their common opinion over that point and their unanimous opinion is known as Ijma.

h) What is qiyas?

The fourth important source of Muhammadan law is the Qiyas, i.e., a collection of rules or principles by the methods of analogy and interpretation from the first three sources. f there was any problem before the society on which the texts (Quran, Sunna, and Ijmaa) were silent then Qiyas was applied to get the law. It was a method of comparing the problem of society with a similar problem for which solution was given in the texts.

i) What is fiqh?

It implies the exercise of intelligence in deciding a point of law in the absence of a binding command from the Quran.

Brief Explanations of Important Concepts and Terms:

• First Source of Muslim Law (The Holy Quran)
• Second Source of Muslim Law (Sunnah)
• Third Source of Muslim Law (Ijma)
• Fourth Source of Muslim Law (Qiyas)
• Fatwa-i-Alamgiri

a) First source of Muslim Law:

The holy Quran is the first source of Muslim Law. The word Quran is derived from the Arabic word “Qurra” and properly signifies, “the reading” or “that which ought to be read”. It is believed that the Quran is of divine origin and was revealed by God to the Prophet Mohammad for the benefit of mankind through the Angel Gabriel. Quran is the first source of Muslim law in point of time as well as in importance. It is the basis of Muhammadan law. The Prophet recited (hence the name, Quran) the words as divinely inspired.

Quran is in the form of verses. Each verse is called ‘Ayat’. There are 6237 verses in the Quran which are contained in 114 Chapters. Each chapter of the Quran is called ‘Sura’. The various chapters are arranged subject-wise and have their specific titles. About 200 verses deal with legal matters and out of these, only about 80 verses deal with personal law.

It is believed in Islam that the words and the verses of this holy book are made by Almighty God and not by any human being. The Prophet simply uttered these words on behalf of God. Thus, the Quran is a compilation of the very words of God, which are unchangeable, and its authority cannot be challenged. It is the most authoritative source of Muslim law. If any specific meaning has been attributed to a particular verse of the Quran, either by Shia or by Sunni authorities then, the courts have no power to give any other meaning to that verse. The Courts, while administering the law, are not to put their own construction, as against the interpretation of the ancient commentators of established authority.

On many legal issues, the Quran is found to be silent. For new problems of society, no legal solutions were available in the apparent words of the Quran.

b) Sunnah:

Sunnah or Sunna is the second primary source of Muhammadan Law. The meaning of the word ’Sunnah’ is the precept of the Prophet. The word Sunna means “the trodden path”. Thus, Sunnah is some kind of practice or precedent or traditions of the Prophet. Where the words of God could not supply authority for a given rule of law, ‘Prophet’s own words’ were treated as an authority because it is believed that even his own sayings derived inspiration from God. Whatever the Prophet said or did without reference to God, is treated as his traditions. Traditions are narrations of law and religion which were communicated from one generation to another and thus became the practices in the society. These two sources, viz., the Quran and Sunnah, are direct and indirect revelations and may be said to form fundamental roots of Islamic law.

What the Prophet said what he did and also his silence in a question put before him, was all taken to be authoritative and become a precedent.

• Sunnat-ul-Qaul (words spoken by the Prophet) which means the utterances or the sayings of the Prophet.
• Sunnat-ul-Fail (conduct by the Prophet) which means the behaviour of the Prophet.
• Sunnat-ul-Taqrir (silence) which means the ‘silence of the Prophet’ in answer to a question which was put before him for his decision. It includes some pre-Islamic customs which were not disapproved by the Prophet. He allowed the continuance of some customs in the society by his silent approval.

There are many traditions of doubtful origin. Narrators of such traditions are unknown persons. On several occasions, the prevalent customs were treated as a rule of law in the name of the practices of the Prophet.

c) Ijma:

This source of law active when the Quran and traditions (Sunnah) could not supply any rule of law for a new problem. Persons having knowledge of the law were called Mujtahids (Jurists). The Jurists used to agree unanimously and gave their common opinion over that point and their unanimous opinion is known as Ijmaa. It is the third primary and important source of Islamic law.

When a number of persons who are learned in the Muslim law and have attained the rank of jurists of some sort, agree on a particular legal question, their opinion is binding and has the force of law. This source of Muslim law has a very important role in the subsequent development of Muhammadan law because; through Ijma it was possible to lay down new principles in accordance with the changing needs of the Islamic society. Ijmaa must also be carefully distinguished from bidat, i.e., mere hearsay or novelty, and from raj, i.e., free opinion.

The process of formulating a law through the consensus of the jurists was called Ijtihad which means a process of one’s own reasoning to deduce a new rule of law. When a new principle of law was required, the jurists (Mujtahids) used to give their concurrent opinion and a new law was laid down. The jurists were not free to give decisions without any basis. They had to justify their opinions in the light of some well-settled principles already given in the Quran or the traditions (Sunnah). Public policy. Besides they had to consider the equity and the interest of the community.

d) Qiyas:

The fourth important source of Muhammadan law is the Qiyas, i.e., a collection of rules or principles by the methods of analogy and interpretation from the first three sources. All the three sources the Quran, The Sunnah, and Ijmaa could not suffice the growing needs of a community which had their ideas expanded by the great territorial strides that Islam had made in the course of the century.

The general principle behind the process of qiyas is based on the understanding that every legal injunction guarantees a beneficial and welfare satisfying objective. Thus, if the cause of an injunction can be deduced from the primary sources, then the analogical deduction can be applied to cases with similar causes. For example, wine is prohibited in Islam because of its intoxicating property. Thus qiyas leads to the conclusion that all intoxicants are forbidden. It is to be noted that in this method new principles were not formulated. The law was simply discovered from the spirit or the implied meaning of the text.

Thus a similarity was established between the new problem (for which the law was required) and an identical problem given in the text. For establishing similarity, ‘reason’ or the sense behind a text was taken into account rather than the meaning of its apparent words. In this manner, the ‘common cause’ (Illat) of the two problems was found and the analogy was established between the given problem and a similar problem available in the text. After establishing the analogy, the solution to the problem given in the text was applied to the new problem.

e) Fatwa-i-Alamgiri:

Fatawa-i-Alamgiri (also known as Fatawa-i- Hindiyya) was the law book based on Islamic Sharia. It was written during the reign of the Mughal emperor Muhammad Aurangzeb (who was also known as Alamgir). The compilation is mainly based on Sunni Hanafi Islamic jurisprudence.

In order to compile Fatawa-e-Alamgiri, Aurangzeb gathered 500 experts in Islamic jurisprudence (Faqīh), 300 from the South Asia, 100 from Iraq and 100 from the Hejaz (Saudi Arabia). Their work over years, resulted in an Islamic code of law for South Asia, in late Mughal Era. It consists of legal code on personal, family, slaves, war, property, inter-religious relations, transaction, taxation, economic and other law for a range of possible situations and their juristic rulings by the Hanafi jurists of the time.

It served as the basis of law and doctrine imposed by Aurangzeb throughout his empire by early 18th century. It created a legal system that treated people differently based on their religion, social class and economic status. The Fatawa-i-Alamgiri represented a re-establishment of Muslim ulama prominence in the political and administrative structure that had been previously lost by Muslim elites and people during Mughal Emperor Akbar’s time. It reformulated legal principles to defend Islam and Muslim society by creating a new, expanded code of Islamic law.

Fatawa-i Alamgiri as the documented Islamic law book, became the foundation of legal system of India.

Detailed Explanation:

• What is Shariat or Sharia?
• What are sources of Muslim Law?
• What is ijma and Ijtehad?

a) What is Shariat or Sharia?

Sharia means “the correct path” in Arabic. In Islam, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God. Sharia law is a religious law that lays down governing principles for spiritual, mental, and physical behaviour that must be followed by Muslims. Regarded as God’s command for Muslims, Sharia law is essentially Islam’s legal system. Muslims believe sharia refers to the perfect, immutable values understood only by God, while Islamic laws are those based on interpretations of sharia.

Components of Sharia:

Sharia comprises three basic elements:

1. Tawhid / Aqidah (Belief in Oneness of Allah)
2. Fiqh (Islamic Jurisprudence)
3. Akhlaq (Code of Conduct for an Islamic Way of Life)

Tawhid / Aqidah (Belief in Oneness of Allah):

It concerns all forms of faith and belief in Allah, held by a Muslim. Tawhid is the defining doctrine of Islam. It declares absolute monotheism—the unity and uniqueness of God as creator and sustainer of the universe. Tawhid is divided into three categories; namely, Tawhid al-Rububiyyah (Oneness of Divine Lordship), Tawhid al-Uluhiyyah (Oneness of Divinity) and Tawheed al-Asma wa’l-Sifat (Oneness of the Divine Names and Attributes). Tawhid is used by Islamic reformers and activists as an organizing principle for human society and the basis of religious knowledge, history, metaphysics, aesthetics, and ethics, as well as social, economic, and world order. Tawhid is considered as the fundamental principle of Islam, and this principle not only frame the Islamic worldview, but also constitutes the fountainhead of the maqasid (objectives) and the strategy of man’s life in this world. This principle also lays the foundation of Islamic social order, which teaches man that his socioeconomic activities must be guided by the principles from a single common source, Allah.

Fiqh (Islamic Jurisprudence):

The word fiqh is an Arabic term meaning “deep understanding” or “full comprehension” or “full knowledge” or “intelligence”. Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam through jurisprudence. It implies the exercise of intelligence in deciding a point of law in the absence of a binding command from the Quran. It governs the relationship between man and his Creator (ibadat) and between man and man (muamalat). Political, economic, and social activities fall within the ambit of muamalat. Islamic finance, covered in economic activities, is thus linked with Sharia principles through muamalat.

Akhlaq (Code of Conduct for an Islamic Way of Life):

The meaning of the word Akhlaq is Ethics. It covers all aspects of a Muslim’s behaviour, attitude, and work ethic. Two theories of ethics emerged in Islam: rationalist ethics, in which human reason is given a substantive role in judging what is right and wrong (maintained by the Mutazilis and the Shias), and divine command ethics, in which right action is that which is commanded by God (maintained by the Asharis).

While directives relating to aqidah, ibadat, and akhlaq are fixed and unchangeable, directives of muamalat (including rulings such as contractual law transactions, criminal law, the judiciary, and Islamic finance) which govern the relationship between man and man, may change with the changes in circumstance, custom, time and place.

Sources of Sharia Law:

The four primary sources of Sharia Law are:

1. The Quran
2. The Hadith / Sunnah
3. Ijma
4. Qiyas

The Quran:

The word Quran is derived from the Arabic word “Qurra” and properly signifies, “the reading” or “that which ought to be read”. It is believed that the Quran is of divine origin and was revealed by God to the Prophet Mohammad for the benefit of mankind by through the Angel Gabriel. Quran is the first source of Muslim law in point of time as well as in importance. It is the basis of Muslim law. 

The Sunnah:

Sunnah or Sunna is the second primary source of Muhammadan Law. The meaning of the word ’Sunnah’ is the precept of the Prophet. The word Sunna means “the trodden path”. Thus, Sunnah is some kind of practice or precedent or traditions of the Prophet. Where the words of God could not supply authority for a given rule of law, ‘Prophet’s own words’ were treated as an authority because it is believed that even his own sayings derived inspiration from God. Whatever the Prophet said or did without reference to God, is treated as his traditions. The  Hadith or narrative of the Sunnah of the Prophet constitutes the rules of faith of the Muslim community.

Ijma:

This source of law active when the Quran and traditions (Sunnah) could not supply any rule of law for a new problem. Persons having knowledge of the law were called Mujtahids (Jurists). The Jurists used to agree unanimously and gave their common opinion over that point and their unanimous opinion is known as Ijmaa. It is the third primary and important source of Islamic law. Thus, ijma contains the opinions of Islam’s learned scholars on matters of law.

Qiyas:

The fourth important source of Muhammadan law is the Qiyas, i.e., a collection of rules or principles by the methods of analogy and interpretation from the first three sources. All the three sources the Quran, The Sunnah, and Ijmaa could not suffice the growing needs of a community which had their ideas expanded by the great territorial strides that Islam had made in the course of the century. Qiyas is the process of comparing difficult questions of doctrine with similar cases settled by the authority of the Holy Book and Sunnah.

Conclusion:

Shariah is the legal practice derived from the teachings of the Quran, Islam’s holy book, and the teachings of the Prophet Muhammad, or Sunnah. It serves as an ordained code for fair, moral and righteous living for Muslims and provides guidance on a variety of aspects of life. Debate continues to flare over sharia’s place in the modern world, particularly with regard to its teachings relating to criminal justice, democracy, and social equality.

b) Discuss different sources of Muslim Law.

Sources of Muslim Law are classified into two kinds a) Primary sources and b) Secondary sources. By sources of any law means the original materials where the contents of that law are to be found and are made available to us. Study of these sources is necessary because without having any knowledge of the origin of a particular law, its proper explanation and interpretation are not possible.

Primary Sources of Muslim Law:

The four primary sources of Muslim Law are:

1. The Quran
2. The Hadith / Sunnah
3. Ijma
4. Qiyas

The Quran:

The word Quran is derived from the Arabic word “Qurra” and properly signifies, “the reading” or “that which ought to be read”. It is believed that the Quran is of divine origin and was revealed by God to the Prophet Mohammad for the benefit of mankind by through the Angel Gabriel. Quran is the first source of Muslim law in point of time as well as in importance. It is the basis of Muslim law. 

Quran is in the form of verses. Each verse is called ‘Ayat’. There are 6237 verses in the Quran which are contained in 114 Chapters. Each chapter of the Quran is called ‘Sura’. The various chapters are arranged subject-wise and have their specific titles. About 200 verses deal with legal matters and out of these, only about 80 verses deal with personal law.

Sunnah:

Sunnah or Sunna is the second primary source of Muhammadan Law. The meaning of the word ’Sunnah’ is the precept of the Prophet. The word Sunna means “the trodden path”. Thus, Sunnah is some kind of practice or precedent or traditions of the Prophet. Where the words of God could not supply authority for a given rule of law, ‘Prophet’s own words’ were treated as an authority because it is believed that even his own sayings derived inspiration from God. Whatever the Prophet said or did without reference to God, is treated as his traditions. The Hadith or narrative of the Sunnah of the Prophet constitutes the rules of faith of the Muslim community.

Ijma:

This source of law active when the Quran and traditions (Sunnah) could not supply any rule of law for a new problem. Persons having knowledge of the law were called Mujtahids (Jurists). The Jurists used to agree unanimously and gave their common opinion over that point and their unanimous opinion is known as Ijmaa. It is the third primary and important source of Islamic law. Thus, ijma contains the opinions of Islam’s learned scholars on matters of law.

Qiyas:

The fourth important source of Muhammadan law is the Qiyas, i.e., a collection of rules or principles by the methods of analogy and interpretation from the first three sources. All the three sources the Quran, The Sunnah, and Ijmaa could not suffice the growing needs of a community which had their ideas expanded by the great territorial strides that Islam had made in the course of the century. Qiyas is the process of comparing difficult questions of doctrine with similar cases settled by the authority of the Holy Book and Sunnah.

Secondary Sources of Muslim Law:

Urf or Customs:

Customs are fundamentally rehearsed that individuals follow ceaselessly for an extensive period. Customs was never recognized as a source of law but was sometimes considered supplementary. Not every custom holds importance in Muslim law. Custom must meet four characteristics which are mentioned below: 

• It must be ancient.
• It must be territorial.
• It must be applicable to everyone.
• It must be continuous and noticeable.
• It must not oppose the public policy.
• It must not oppose the Quran or Ijma.

Judicial Precedents:

Judicial precedent refers to the procedure by which judges follow earlier decisions in cases with relatively similar facts. The idea of judicial precedent is based on the principle of stare decisis, or conforming to what has already been declared. It includes the decisions given by the Privy Council, the Supreme Court and the High Courts of India. It acts as precedents for future cases. Judicial decisions are supplementary to Muslim law. To some extent, judicial decisions have modified Muslim law. For instance, in Shayara Bano vs Union of India, the Triple Talaq practise was held unconstitutional, being arbitrary in nature.

Legislation:

Legislation as per Cambridge Dictionary has been defined as “a law or set of laws suggested by a government and made official by a parliament.”The importance of legislation may be seen in the fact that, on the one hand, it establishes rules and procedures through the parliament, while on the other hand, it has state-level authority. Muslims are governed by various legislations passed by many legislatures, which have considerably supplemented the Muslim law. Some of them are:

• Guardian and Wards Act, 1890
• Shariat Act, 1937
• Muslim Women Protection of Right and Divorce Act, 1986
• The Mussalman Waqf Act, 1923
• The Dissolution of the Muslim Marriage Act, 1939

Justice Equity and Good Conscience:

One of the origins of Muslim law is the idea of fairness, justice, equity, and excellent conciseness. These Islamic legal doctrines are known as ‘Istihsan’ or ‘Juristic Equity. According to Abu Hanifa, the man has been endowed with intelligence to use his common sense to do what he thinks fit. Several portions of Muslim law have been modified so as to meet the changing conditions in India.

There is a range of judicial decisions that have given a new dimension to Muslim law.

1. In Shah Bano Begum v. Md. Ahmed Khan^,1985 (2) SCC 556 case, the apex court held that Muslim women have a right to ask for maintenance under Section 125 of CrPC irrespective of Muslim Personal Law.

1. In Maini Bibi v. Choudhry Vakil Ahmad,11 December, 1924 case, the Court held that a widow possesses the proper to maintain the assets of her husband till her dower money becomes paid.
2. In Shayara Bano v. Union of India, 22 August, 2017 case, the apex court held the system of instantaneous divorce by the utterance of the phrase ‘Talaq’ thrice orally unconstitutional because the proper to instant divorce is only with the men and now not women. Besides, the system is unfair, and for this reason, violative of Article 14. Consequently, the judiciary has assisted with the improvement of Muslim personal regulation.

Conclusion:

Sources of Muslim Law are classified into two kinds a) Primary sources and b) Secondary sources. The Quran, The Sunnah, Ijma, and Qiyas are the primary sources of the Muslim Law. While customs (urf), legislations, judicial precedents, justice equity and good conscience are considered as secondary sources of the Muslim Law. Sects of shias does not accept the Qiyas as source of Muslim law. It is due to the contribution of all that an orderly and systematic theory of personal laws of Islam came into existence which governs the Muslim community.

c) Discuss Ijma and Ijtehad

Sources of Muslim Law are classified into two kinds a) Primary sources and b) Secondary sources. By sources of any law means the original materials where the contents of that law are to be found and are made available to us. Study of these sources is necessary because without having any knowledge of the origin of a particular law, its proper explanation and interpretation are not possible.

Primary Sources of Muslim Law:

The four primary sources of Muslim Law are:

1. The Quran
2. The Hadith / Sunnah
3. Ijma
4. Qiyas

Ijma as a source of law active when the Quran and traditions (Sunnah) could not supply any rule of law for a new problem. Persons having knowledge of the law were called Mujtahids (Jurists). The Jurists used to agree unanimously and gave their common opinion over that point and their unanimous opinion is known as Ijma. It is the third primary and important source of Islamic law.

Ijma:

When a number of persons who are learned in the Muslim law and have attained the rank of jurists of some sort, agree on a particular legal question, their opinion is binding and has the force of law. The classical view is that while individual jurists are liable to err, the community as a whole cannot fall into error. In fact, there is a well- known tradition of the Prophet to the effect that “my people will not agree in an error.” According to Abdur Rahim, Ijma may be defined as the agreement of the jurists among the followers of the Prophet Mohammad in a particular age on a particular question.

This source of Muslim law has a very important role in the subsequent development of Muhammadan law because; through Ijma it was possible to lay down new principles in accordance with the changing needs of the Islamic society. Ijmaa must also be carefully distinguished from bidat, i.e., mere hearsay or novelty, and from raj, i.e., free opinion.

Formation of Ijma (Ijtihad):

The process of formulating a law through the consensus of the jurists was called Ijtihad which means a process of one’s own reasoning to deduce a new rule of law. When a new principle of law was required, the jurists (Mujtahids) used to give their concurrent opinion and a new law was laid down. The jurists were not free to give decisions without any basis. They had to justify their opinions in the light of some well-settled principles already given in the Quran or the traditions (Sunnah). Public policy. Besides they had to consider the equity and the interest of the community.

Every Muslim was not competent to participate in the formation of Ijma. Only Mujtahids could take part in it. Persons having knowledge of the law were called Mujtahids (Jurists).  Qualification for being a Mujtahid was that he must be a Muslim having adequate knowledge of the law and was also competent to give independent judgments. The Jurists used to agree unanimously and gave their common opinion over that point and their unanimous opinion.

Importance of Ijma:

• The Quran and Sunnah were adequate only for the past and not for the future society. The major portion of the positive Muslim law (fiqh) came through Ijma.
• Explanation and clarification of the Quran and Sunnah were possible through consensus opinions of the jurists. The new principles of law, not found in the Quran or the Sunnah were also formulated according to the changing needs of society.
• The Quran and Sunnah being rigid, no change was possible in their words. Ijmaa had opened the doors for new interpretations of Islamic legal rules. Ijmaa is flexible and not rigid like the Quran or Sunnah.
• Reform in Muslim personal law is possible even today in the same manner as Ijmaa was being formed in the past.

Conditions for the Validity of Ijma:

• The agreement must take place among mujtahids.
• The agreement must be unanimous.
• The mujtahids must belong to the Islamic community.
• The agreement of mujtahids must be held after the death of the Prophet (peace be upon him).
• The agreement must be among the mujtahids of one period, even though some mujtahids of subsequent periods may differ from them.
• The agreement should be held on a rule of Islamic law (in a legal matter).
• The mujtahids should have relied upon a sanad for deriving their opinion. Sanad is the evidence (proof) upon which the mujtahids rely on, for arriving upon an agreement.

Authority of Ijma:

Authority of Ijma depended upon the merit of the participator in its formation. There were different categories of jurists. Better was the category of jurists, greater is the value of their opinions.

Rules deduced on the basis of Ijmaa have varying degrees of binding authority in different schools. If all schools have consensus on particular Ijmaa, there can be no disagreement thereafter. In other words, Ijmaa once established cannot be questioned.

Drawbacks of Ijma:

• The consensus of opinion of the jurists was based on several grounds, such as Quran, traditions, custom, public policy, equity, etc. This led to differences in the approach of scholars in arriving at a decision. The result was that different schools and sub-schools were formed and law became complicated.
• It was doubted after some time whether the consensus or unanimity in the opinions, was at all necessary. According to some jurists, opinions of the majority were sufficient to constitute the Ijma.
• Except for the Ijma of the Companions, the other two kinds of Ijma could be modified or overruled by a subsequent Ijma. But the mujtahids are not allowed to exercise ijtihad on the legal issue that has been settled through Ijmaa.
• In a very short period, Islam spread to distant places, hence it became practically difficult to consult all the jurists and obtain their opinions.

Conclusion:

Ijma as a source of law active when the Quran and traditions (Sunnah) could not supply any rule of law for a new problem. When a new principle of law was required, the jurists (Mujtahids) used to give their concurrent opinion and a new law was laid down. The jurists were not free to give decisions without any basis. They had to justify their opinions in the light of some well-settled principles already given in the Quran or the traditions (Sunnah). Besides they had to consider the equity and the interest of the community. Authority of Ijma depended upon the merit of the participator in its formation. There were different categories of jurists. Better was the category of jurists, greater is the value of their opinions. Ijma cannot be confined to any particular period or country. It is completed when the jurists, after due deliberation, come to a finding .it cannot be questioned or challenged by any individual jurist. Ijma of one age may be reversed or modified by the ijma of the same or subsequent age.

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