Chapter 3: Al-Ijmā‘ or Scholarly Consensus: An Accepted Method for Controlling Heresy?
Orientalists who follow the Christianizing interpretation of Islāmic thought have attempted to present the doctrine of ijmā' as an accepted means of controlling “heresy” in Islām.
According to Gibb, the doctrine of ijmā' can be viewed from the perspective of Christian orthodoxy and can be likened to the case of the council.
Despite their external differences, a certain analogy can be made between the concept of “consensus” of the Christian Church and the Islāmic concept of ijmā'. In some cases the results of both procedures were quite similar. For example, it was only after ijmā' was acknowledged as a source of law and doctrine that a definitive proof of “heresy” became possible. Any attempt to interpret Scripture in a way that negated the validity of a given and accepted solution was by consensus, a bid'ah, an act of “innovation” and “heresy” (Gibb 90).
Gibb's main thesis is that the concept of “council” in Islām forms part of a secular organism that mends Islāmic doctrine. It does so in light of a sovereign authority, thus fulfilling the work of purging and purifying matters of faith that can be assimilated into the work of ecclesiastic canonists. He understands the concept of “council” as a juristic entity, like a council of bishops. In order to protect the theological doctrine of the “Church,” the Islāmic Caliphate relied upon the doctrine of ijmā' as the basis for the orthodox refutation of “heretical” Shī'ite ideas.
When Gibb speaks of ijmā' in terms of councils or ecclesiastic consensus, the distinguished Orientalist maintains himself firmly within a Christianizing interpretation of Islām. The word “council” is derived from the Latin concilium which comes from cum, “with,” and calare, “to call” and “to proclaim,” hence the sense of convocation and assembly. The word “council” is a Latin term which defines, much like the Greek root of Church [lit. ekklesia, from ek and kalo] a flock or congregation of faithful Christians under the guidance and direction of their pastors.
It applies to a group of individuals with the same character in a double sense: active like convocation of bishops, and passive like a congregation of the same in an organization, a society or a collegial body. Viewing the doctrine of ijmā' through the Christian concept of council presupposes the existence of an orthodox “Church” in Islām which, like the Christian Church, can be recognized and differentiated from other “sects” or “heresies,” and as a juridical, hierarchical, sovereign, visible, empirical, and easily perceived institution for all to see.
Gibb's ecclesiastic conception of Islāmic consensus is misguided and even false. It fails to appreciate that in Islām both elements are identical: the doctrine of ijmā' as a source of law and canon of the Scriptures, on the one hand, and Islāmic orthodoxy, both internal and external, on the other. Both of them co-exist and coincide in the application of the sharī'ah and the sunnah of the Prophet as sovereign expressions of the Qur'ān in both Sunnī and Shī'ite Islām.
Let us now turn from a general critique to some more specific observations. It must be noted that Gibb's Christianizing conception traces back to the 1950s, a period when the type of distinction we are discussing was not viewed with the same importance as it is currently. Hence, the absence of a broader and more elaborate perspective is fully justified. Many of the problems we are discussing here, such as the question of “sects,” had barely even been posed.
What we would have liked to observe, among the Orientalists who followed the same Christianizing line as Gibb, is a degree of academic, analytical and philosophical evolution. Above all, we would have liked them, starting with Gibb, the Orientalist from Oxford, to come to a better understanding of the questions raised by the study of Shī'ite Islām.
Unfortunately, this has not been the case. Besides a handful of honorable exceptions, the majority of research published in the West during the last decade of the fifties and even well beyond consists of nothing more than worthless compilations whose theoretical weakness is in sad contrast to the solid scientific work done by Orientalists in the past.
These solid scholars include Reynold A. Nicholson, Louis Massignon, Jacques Berque, Miguel Asín Palacios and, why not, even Hamilton Alexander Rosskeen Gibb. Despite their incomprehension of the Islāmic spirit, they practiced and professed a science which was more consistent with their intellectual qualifications.
Their work is less suspicious of compromise with ideological controversy which reduces religious polemics, in all of its shades, into terms of extreme triviality and doubtful scientific integrity. It is the ancient affliction that appears to worsen in the West, especially in recent times, in which a host of “opinion-makers,” turned into “specialists” of Islām, have come forth like black heralds repeatedly croaking the same mistakes ad nauseam.
Without doubt, the knowledge and analogical application of these theological principles must have seemed very convenient to Gibb in his work of comparing the Islāmic concept of ijmā' as a consensus of scholars with that of the Christian council as a consensus of ecclesiastics. This is even more evident when Gibb alludes to the role of analogy in his comparison and confesses that such a comparison is possible despite the external differences of the Christian councils.
This is absolutely false. Regardless of such esoteric formulaic divergences, there is no Church in Islām. Furthermore, there is no organized clergy in Islām in the ecclesiastic sense of the priesthood because Islām does not accept the mediation between God and man.
In Islām, there does not exist a religious establishment lead by a Pope with a hierarchy of bishops, cardinals and priests, all ranked according to their level of merit and the closeness to the central power of the Church. We must not forget that any attempt to look for examples of consensus in Islām comparable to the Christian councils of Nicea, Lyon, Letran, Trent, and the Vatican, would be useless.
In the entire history of Islām, there has never been a case in which qualified scholars and jurists gathered in diverse synods to examine a doctrine that they considered erroneous and who then related their conclusions in letters to a prelate in which they asked for this error to be condemned as a heresy by the entire Islāmic community.
There were many times, however, when Caliphs or mujtahidūn reacted on the basis of arbitrary and erroneous decisions of incompetent authorities, ignorant of the very basis of the discussed doctrine. We are not claiming that “heretical” doctrines or misunderstood minorities have never been challenged, refuted, condemned and persecuted in Islām because the facts speak for themselves.
We have the examples of martyrs for whoever would categorically deny any affirmation to the contrary. These include al-Hallāj, Suhrawardī, Uways al-Qarnī, Qanbar, Maytham al-Tammār and, among the followers of 'Alī, the very Imāms, of which the most tragic case was that of al-Husayn, sayyid al-shuhadā' [the Lord of Martyrs].
Is it not clear that all of these deaths were the consequence of emphatic and arbitrary decisions? In any event, we have made no attempts to deny or to justify the persecution of those who were accused or suspected of heresy as this goes beyond the scope of this study.
On the contrary, our goal here has been to demonstrate that the concept of consensus as a type of council is an erroneous misrepresentation of the function of ijmā' in Islām. In the Muslim tradition, the concept of consensus does not express an accepted mode of controlling heresy or the unanimous authority of all the scholars of the Islāmic community.
We understand perfectly well that Gibb's goal is to present the concept of ijmā' in socio-religious terms that are more readily understandable in the West, by linking it to the Christian concept of consensus. In our opinion, however, such simplifications do nothing other than complicate any attempt to penetrate Islāmic thought, particularly when it is done by examples that are as divergent as they are foreign to the Islāmic faith. When we say that concepts such as “councils” are foreign we do not mean to imply that Islām is somehow backwards or less up to date as religious institutions in the West, particularly it terms of its formal religious expressions.
According to the generally accepted etymology given by Arabic linguists, the technical term ijmā' comes from the Arabic root jama'a. It has several definitions, each of which relates to the concept of agreement, the first of which is “consensus.” Hence, there can be no doubt as to the concept the word expresses. Both the Arabic word ijmā' and the Latin word consensus convey the idea of being free from coercion, being able to distance oneself from anything oppressive which limits freedom of choice.
The mujtahidūn [lit: “those who make an effort” in the personal interpretation of the law] define ijmā' as a “point of view” and, in such a sense, it is closer to the Vedic concept of darsana than to the Christian concept of council. In effect, ijmā' as a source of law and doctrine, does not present contradictory concepts, but rather different points of view and differing aspects of the same many sided concept.
The doctrine of ijmā' is obviously found in both the Sunnī and Shī'ite traditions. However, both of these orthodox tendencies interpret and apply it differently. It is universally agreed that what has more weight in Islāmic law is the Qur'ān, the Sunnah, and the companions of the Prophet, those who lived alongside him, were chosen by him, and who heard his sayings directly.
This is followed by the followers [tābi'ūn] of the companions and, finally, the followers of the followers, those who received from their masters what their masters had received from their masters.
With the disappearance of this last generation, for the majority of Islāmic schools of jurisprudence the consensus now rests with the mujtahidūn, whose edicts [fatāwā] vary in accord with their philosophical postures. If Sunnī Islām declared that the door of ijtihād [personal deduction of the law] was closed in the 10th century [we know that some Sunnī 'ulamā' have now reopened the door], Shī'ite Islām, on the other hand, never recognized this closure.
Shī'ite jurists and theologians, known as mujtahidūn, have always defended this right. Although enlightened individuals and scholars can appreciate the inner meanings of the sacred law in all of its dimensions, none can any longer claim perfection and infallibility. Since scholars, regardless of their erudition, are human, their understanding of the law can only be imperfect.
Hence, they must allow themselves to be guided by the consensus of the sunnah of the Prophet and the authorized interpretations of the Holy Imāms.
In conclusion, it is wise to recall that the fundamentals of faith and principles upon which the Muslim faith is based are irrefragable. Complete faith requires complete acceptance of tenets which are not and cannot be the work of men or the result of human consensus.
God is the Sole Sovereign and the Final Source of Legitimate Authority.
The essence of His law is immutable truth. His law is more immutable than the process of human thought for it is eternal and never changes.
Notes