Once more al-Ghazālī saw the verse as evidence to indicate that the unanimity of the community is right. 103 But according to Ibn H. azm this verse also proves that ijmā‘ should be based on nas.s.. The community in the verse should obey ūlī al-amr (those who are in authority) if they based their injunction on nas.s. from the Qur’ān and the Sunnah, like praying and paying zakāh.104 Al-Bas.rī, a Mu‘tazilī jurist who is also a contemporary of Ibn H. azm, gives us a different interpretation of this verse. According to him, this verse urges the believers to obey ūlī alamr, i.e., the umarā’ (emirs). But if they see that the ūlī al-amr are mistaken in their consideration upon any matter of religion or worldly matter, they should dispute with them and refer the matter to Allah and His Messenger. The case is similar to when someone says to his servants: “Obey the person I have entrusted you with, and when you have any dispute refer it to me.”105 Moreover, Ibn H. azm contends, following the ūlī al-amr, if it were accepted as ijmā‘, there are two possibilities: either a) there is disagreement among them, and in this case the opinion of some of them is not more entitled to be accepted than that of others, or b) there is no disagreement among them; in this case Ibn H. azm rejected the assertion of ijmā‘ without any basis from nas.s..106 Ibn Taymīyah (d. 728/1328) who shares Ibn H. azm’s view in ijmā‘ gives his commentary upon this verse. He says that whatever the Muslims agreed upon must have been traced back through divine text ) ( from the Prophet so that disagreeing with it would mean disagreeing with the Prophet, as disagreeing with him would mean disagreeing with Allah.107 If we go back to the sabab al-nuzūl (the 103
Al-Ghazālī, al-Mustas.fá, vol. 1, pp. 174-175. Ibn H.azm, Ih.kām, vol. 4, p. 498. 105 Mu‘tamad, vol. 2, p. 471. 106 This is one of many ways of Ibn H.azm in arguing with his adversaries. He gives them two alternatives in order to bring them to a deadlock and then to overcome them. Ih.kām, vol. 6, p. 772. 107 Ibn Taymiyyah, Ma‘ārij al-Wus.ūl (Cairo: Dār al-Zaynī lil-T.ibā‘ah wa ’lNashr, n.d.), pp. 38-39. (Hereafter referred to as Ma‘ārij). 104