Year:2021   Volume: 3   Issue: 5   Area: Religious sciences

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Nsaif Mohsin SSOAYSSEA


The importance of the research lies in determining the objective vision of the orientalists towards the building of consensus among the fundamentalists, and because it constitutes one of the evidence for legislation among Islamic jurists, and the concept of consensus is one of the important theoretically important principles, the problem in practice, which is effectively disrupted in the future. As a result of the difficulty of realizing the basic definition limitations, the orientalists ´behavior, especially the behavior of the Orientalists, tended to be prejudiced against the consensus building whose opinions were not received" from an apparent confusion, like the rest of the issues and other principles that were discussed. Consensus is a brake on freedom of opinion, and another makes it a copy of the concept of Roman jurisprudence, and as for the issue of considering consensus as a mere effect of the concept of Roman jurisprudence, his document is based on his professor "Goldziher" who assumed that the consensus of jurists corresponds to the free opinion expressed in Roman law, and mentions the American orientalist (Duncan Black MacDonald (That what was in the beginning a heresy became an acceptable matter thanks to consensus, for example, pleading with the saints became a practical part of the Sunnah, and it was astonishing for this that the belief in the Prophet's infallibility made (consensus) deviate from clear texts in the Qur´an, while (Snook Horgrneh) believes that) Fiqh) has been frozen, and therefore there is no hope for consensus.

Keywords: Orientalists, Authentic, Consensus.