'My community will never agree upon an error.' The Prophet's Hadith encourages the use of consensus of opinion (ijma'). Outline: what consensus of opinion (ijma') is, and how many kinds of ijma' there are; who is qualified to practise it; give examples of how the Prophet and the Rightly Guided Caliphs practised ijma'.

Mark scheme

Marking points from the official mark scheme (May/June 2017). The mark or mark type is shown in brackets.

1. 2(a) Here candidates can say that the basis of ijma' can be found not only in the ahadith but also in the Qur'an: 'You are the best of the people evolved for the mankind enjoining what is right and forbidding what is evil' (Al Imran 3:110). The word ijma' itself means collecting or gathering or unanimity and is a secondary source of Islamic law. It is referred to when there is no clear teaching in the Qur'an or sunna but is always in harmony with the primary sources of Islamic law. There are two broad kinds of ijma', the first is the general agreement of all Muslims in matters of belief and the second one is related to legal matters and can be defined as an agreement among a group of Muslims about an issue on which the Qur'an and sunna have not given a final word.
2. 2(a) There is a difference of opinion amongst legal experts about who makes up this second group of Muslims. According to some it is agreement amongst the residents of Madina, others think it is the Prophet's (pbuh) Companions whose ijma' is valid as they were the most knowledgeable after the Prophet (pbuh) in matters of Islamic law. Yet others believe it should be the Rightly Guided Caliphs. According to Shi'a Muslims ijma' of jurists of the same period as the Prophet (pbuh) or the Shi'a Imams is binding, another opinion is that ijma' should be done by jurists who are experts on legal matters whilst yet another view is that the agreement of the Muslim community at large constitutes ijma'.
3. 2(a) The Prophet practised ijma' during his lifetime and here the candidates can give the examples of how he exercised ijma' during the battles of Uhud and Trench. The compilation of the Qur'an during Abu Bakr's caliphate, the reestablishment of tarawih prayers in the caliphate of ‘Umar and the adhan of Jumm'ah during the time of 'Uthman can all be cited as examples of ijma' practised by the Rightly Guided Caliphs.
4. 2(b) Candidates could say that some Muslims may feel reluctant with the use of qiyas in solving present day issues because an element of personal judgment comes into it which they feel may not be reliable. Answers could say that it depends very much on the ability of a legal expert to find comparisons between two principles and because it is practised by individuals it makes some Muslims uneasy. Some others e.g. Shi'a Muslims may feel that it relies on the opinion of one individual which can be subjective and hence be reluctant to use it.