الإجماع و موقف أهل الحداثة منه

Abstract EN

This research is a study of an issue related to the sources of reception in Islamic legislation, which his entitled: “Consensus and the Modernists position on it”.

This is an attempt to show the importance of the sources of Islamic legislation and the necessity of preserving it, defending it, and explaining the faulty the suspicions raised by the modernists about the Islamic heritage, in general, and consensus, in particular.

The study aims to learn about modern modernity, to define modernists' position on consensus as a source of legislation in Islam, to recognize and respond to modernity's understanding of consensus.

The study reached at a number of findings, the most important of which are: There is a clear disparity in what modernity is, the mixing of the concept of modernity with other terms and concepts, the connection of the term modernity in Europe with the crises in the Church, and the main aim of modernists was to challenge and question the sources of reception that included consensus and to establish a different approach that would differ in form and content from the correct method, and the seriousness of such calls because of their consequences that lead to the underestimation of sources of legislation and not depending on them in knowing religion and practicing it.

The modernists did not come up with any new way other than repeating the words of those who preceded them from the orientalists, offering the modernists a consensus in a different way than the scholars, seeking to deny its claim, questioning its origins.

and the inconsistency among them in dealing with it; while some of them give it a priority on other sources, some others for not considering it a source of reception.