DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - shaking hands with women ( men for sisters)

**NEWyear** · 12-16-2005, 08:00 AM

> "2246 The safer legal position is that the man should try his best
not > to touch an unrelated woman (even casually)
> who is not his wife."
>
> The safer legal position? I thought this was the ONLY legal position?
> Isn't there 'ijma that you cannot touch an unrelated woman who is not
> your wife (not include necessary times)? > Could you please explain the position of Ijma' in the Maliki school? I have heard
> from Shafi'i sources that Ijma' is the consensus of all of the Mujtahid's of a
> particular time. How is it possible to know of all the Mujtahid's of a particular
> time? I'm not sure if there were mujtahid Imams in China, but prior to modern
> communication, it would seem difficult to get all the info.

As you note, it is impractical to say that Ijma' included each and every scholar.
There are detailed discussions of this elsewhere. However if you are looking
for one work that gathers together the agreed upon Ijma` opinions in
our din, please refer to Ibn Qudamah al-Maqdasi's al-Mughni or Ibn Juzayy
al-Kalbi's al-Qawanin al-Fiqhiyyah.

Ijma` may be taken from the preponderance of the scholars at a particular
time (e.g., 95%).

We believe that the Malikis mostly use Imja` for referring to the Ijma` of the
people of Madinah. Since this is easily definable as: the consensus of the
scholars who lived or taught in Madinah in the first two to three centuries
of Islam (thus, the Companions, the tabi`in and the tabi` al-tabi`in are
included).

Imam Malik has said: The consensus of all of the scholars of Madinah is
a [strong] argument [and proof].

[As a side note, after the third century of Islam up until our day, many
would-be scholars claim Ijma` on subjects on which Ijma` is probably not
provable. They do this to re-enforce their opinion or the opinion of their
teachers. Ibn Qudamah's book mentioned above is probably the best one
that sorts things out.]

References:
[UF: volume 1: page 488: line(s) 6-7: {Imja`, Ijma` in the time of the Mujtahid Imams}]
[UF: volume 1: page 505: line(s) 9-12: {Ijma`, Ijma` Ahl al-Madinah}]

12-16-2005, 08:00 AM	#3
NEWyear Join Date Oct 2005 Posts 569 Senior Member	> "2246 The safer legal position is that the man should try his best not > to touch an unrelated woman (even casually) > who is not his wife." > > The safer legal position? I thought this was the ONLY legal position? > Isn't there 'ijma that you cannot touch an unrelated woman who is not > your wife (not include necessary times)? > Could you please explain the position of Ijma' in the Maliki school? I have heard > from Shafi'i sources that Ijma' is the consensus of all of the Mujtahid's of a > particular time. How is it possible to know of all the Mujtahid's of a particular > time? I'm not sure if there were mujtahid Imams in China, but prior to modern > communication, it would seem difficult to get all the info. As you note, it is impractical to say that Ijma' included each and every scholar. There are detailed discussions of this elsewhere. However if you are looking for one work that gathers together the agreed upon Ijma` opinions in our din, please refer to Ibn Qudamah al-Maqdasi's al-Mughni or Ibn Juzayy al-Kalbi's al-Qawanin al-Fiqhiyyah. Ijma` may be taken from the preponderance of the scholars at a particular time (e.g., 95%). We believe that the Malikis mostly use Imja` for referring to the Ijma` of the people of Madinah. Since this is easily definable as: the consensus of the scholars who lived or taught in Madinah in the first two to three centuries of Islam (thus, the Companions, the tabi`in and the tabi` al-tabi`in are included). Imam Malik has said: The consensus of all of the scholars of Madinah is a [strong] argument [and proof]. [As a side note, after the third century of Islam up until our day, many would-be scholars claim Ijma` on subjects on which Ijma` is probably not provable. They do this to re-enforce their opinion or the opinion of their teachers. Ibn Qudamah's book mentioned above is probably the best one that sorts things out.] References: [UF: volume 1: page 488: line(s) 6-7: {Imja`, Ijma` in the time of the Mujtahid Imams}] [UF: volume 1: page 505: line(s) 9-12: {Ijma`, Ijma` Ahl al-Madinah}]
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