At a recent meeting of Muslim scholars in Indonesia, it was proposed that Muslims must comply with sharia law and raised questions as to whether there were occasions when national law took precedence. According to some scholars, “sharia is based on the consensus of Muslim communities. Therefore, the potential for it to be rejected is low.” Although, not a Muslim or one who is knowledgeable about Shaira law, this statement raises questions. The expression, “consensus of Muslim communities” suggests there is a process of soliciting opinion of members of a community. In real life, it is rare to have all people in a community accept a particular view. In the absence of a voting process the only alternative is seeking the ideas of Muslim scholars.
They may be scholars but it is impossible for them to conclude a majority of Muslims in a community agree or disagree on a particular point without some elective or voting process.