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Ijma meaning

What does Ijma mean?
In legal practice, ijma describes the juristic consensus of qualified Muslim scholars on a specific question of Islamic law (Shari’ah), relied on to evidence what the orthodox position is where the Qur’an and Sunnah do not provide a clear rule. It is a doctrinal term from Islamic jurisprudence (usul al-fiqh), not defined in UK or Irish legislation or case law, and is used descriptively across contexts such as Islamic finance, family law and charitable governance when expert evidence on Shari’ah is required. Key features: - Meaning: “consensus” or “agreement” among authoritative jurists (mujtahids) of a generation on a particular issue. - Legal role: a secondary source of Shari’ah after the Qur’an and Sunnah, generally recognised in Sunni schools; in Shi’i traditions its authority is framed differently. - Proof and scope: the threshold for establishing ijma and whether it binds across or within madhhabs is debated. Modern resolutions of Shari’ah boards or standard-setters (for example, AAOIFI) may inform practice but are not, without more, ijma. Across England & Wales, Scotland, Northern Ireland and Ireland, ijma has no autonomous domestic legal force. It may, however, be relevant where Shari’ah-based obligations are incorporated into contracts or arise through expert evidence on foreign or religious law.
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View the related Practice Notes about Ijma

PRACTICE NOTES
Shari’ah Fundamentals for Lawyers: Nature, Sources, Sunni/Shi’a Schools and Conflict of Laws in Islamic Finance

Introduction Shari’ah—also rendered as Sharia, Shariah, or Shari’a—literally means, in Arabic, ‘the path towards the watering place’. As Islamic law, it is the religious legal framework of Islam, laying down duties and a code of conduct for people to observe so that they can lead their lives in a rewarding and worthwhile way. According to Potter LJ, much of the classical Islamic law governing financial dealings is not set out as formal ‘rules’ or ‘law’ in the Qur'an and Sunnah; instead, it rests on the often differing opinions of established schools of law that took shape roughly between 700 and 850 CE...

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PRACTICE NOTES
UK Banking, Finance, Capital Markets, Derivatives and Insolvency Law Glossary including Islamic finance

Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...

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