Majlis Ash-Shura (The Consultative Assembly)

Mutual consultation (shura) is a fundamental feature of the Khilafah system, Allah ta'ala says:

"They conduct their affairs by mutual consultation.”(Shura :38)

The Prophet (SAW) consulted his companions extensively in certain matters of ruling and so did his noble successors - the rightly guided Khalifah’s. Notwithstanding this, however, no definitive form of consultative assembly has ever existed.

Today there is a need to formalise such a forum for consultation in conformity with the divine law (Shariah) and the Khilafah ruling system. Herein we put forward to you our concept of Majlis ash-Shura.

The Practice of the Prophet (SAW).

What we understand from the Practice of the Prophet (SAW) and his teachings is that consultation (shura) is of differing forms. In certain matters the Prophet (SAW) consulted the Muslims as a whole, in others he consulted only the respective expert the various fields in which he wanted advice. For instance he consulted the Muslim masses of Medina on the day of Uhud as to whether they wanted to confront the enemy inside or outside of Medina. At the battle of Badr he (SAW) took the sole advice of the military expert AI-Hubab bin al-Mundhir who suggested to the Prophet (SAW) that he camp in front of the wells of Badr, advice which he duly accepted. There are many other examples which illustrate this point that the Prophet (SAW) consulted the Muslims as a whole in some matters and only experts in others.

These authentic precedents in the Sunnah indicate that the Muslims as a whole, such as the members of Majlis ash-Shura, should be consulted in matters which directly involve them in actions that require relative limited degree of expertise. In matters which require a degree of expertise, such as scientific and technical matters, then it is correct and sufficient for the Khalifah to seek the advice of the experts in their fields.

In matters of Hokm Shari (divine law) the Muslim masses are not consulted, and there is no meaning to consult them. The Prophet (SAW) for example at the Treaty of Hudaybiah refused to be deviated from what he had been ordered to do, even though the vast majority of the Muslims including the Sahaba were against concluding the treaty. Consultation, i.e. the seeking of advice in Hokm shar'i is confined to the Ulema (scholars) of Islam.

Membership of Majlis ash-Shura

Members of the Majlis ash-Shura are elected by the people.

All mature and sane citizens of the Khilafah State are eligible to be members of the Majlis ash-Shura. This applies to Muslim and non-Muslim. However, consultation in Islam is a right for Muslims only. Thus, whilst non-Muslims may be members of the Majlis ash-Shura their participation is confined to expressing their complaints about the ruler’s injustice and/or misapplication of Islam upon them This does not mean non-Muslim subjects cannot express their opinions on other matters, simply that it is not a right on the Khalifah that they be consulted. He can seek and take their advice, but with Muslims it is a right on the Khalifah that they be consulted.

The function of the Majlis ash-Shura.

Shura is strictly confined to the giving of opinion, it is not a legislative body in any sense. It has no authority to legislate. This authority is given by the Ummah to the Khalifah to rule them by his understanding of the Book of Allah and the Sunnah.

Questioning the Khalifah: A duty of the Majlis.

When the first Khalifah of Muslims, Abu Bakr (May Allah satisfy him), made his maiden speech, he said:

"If I behave well, support me, if I falter straighten me”.

Umar bin al-Khattab (May Allah satisfy him) in his first speech as the Khalifah said:

“Those of you who see crookedness in me must straighten it.”

One among the congregation replied,

“By Allah, if we see in you crookedness, we will straighten it with our swords.”

With which Umar said,

“Thank Allah, he has created someone in the community of Muhammad who can straighten Umar with this sword.”

It is the right of the Majlis to question the Khalifah about all actions undertaken of the government, whether the actions are internal or external matters of State. The Majlis, like the nation as a whole, must observe the actions undertaken by the head of the State and government; after all the function of the Majlis is to give advice and this is a vital function which must be done. The Prophet (SAW) said,

“The deen is an advice.”

We asked for whom ? He said,

"For the sake of Allah, His Book, His Prophet and for the leaders of the Muslims and their masses.”(Muslim)

Deciding a matter.

In matters which are determined to be the legitimate concern of the Majlis ash-Shura, the majority view of the Majlis is binding.

In all other matters the Khalifah is not obliged to accept advice given to him. Allah ta'ala says in the Qur’an :

“And consult them in affairs (of moment). Then thou hast taken a decision thy trust in Allah.” (Al-Imran : 159)

Allah commands his Messenger that when he decides upon a matter, he should go ahead with it and trust Allah. The Khalifah, as head of state, is given a mandate by the nation (ummah) to rule them according to his understanding. Accordingly, so long as the matter involves a judgment not contradicting a clear ruling of sharia then his opinion should prevail. Hence, in all matters outside of the domain of the Majlis ash-Shura the Khalifah can decide the matter according to the advice which is most convincing to him, even if this advice is a minority held opinion.

At the battle of Uhud the Prophet (SAW) accepted the opinion of the majority in the question of confronting the enemy outside of Medina, even though his inclination was to stay inside the city. He decided the matter on the basis of the majority opinion. The people were given a simple choice by the Prophet (SAW) i.e. to fight inside or outside the city. Little expertise was required. In other words it was a matter which present day would be considered to be a matter for the Majlis ash-Shura. Thus the majority view was binding. However at the battle of Badr, in a matter of strategy and intrigue, i.e. a matter requiring expertise, namely the best strategic position to camp the enemy, the Prophet (SAW) took the advice of AI -Hubab bin al-Mundhir as it was most convincing to him. In this incident there was no meaning to seek the view of all Muslims so as to settle the matter on the basis of the majority view.

Arbitration In conflict between the Khalifah and the Majlis.

When the Majlis ash-Shura and the Khalifah differ in their opinion on an action from the view point of Sharia (divine law) the matter must be decided by the Courts of the Act of Injustice (Mahkamat al-Mazalim) composed of a select band from amongst the jurists. They must be Mujtahids so as to be able to identify if the view/action of the Khalifah or State is Islamic or not. Allah says:

" 0 you who believe, obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and his Messenger if you do believe in Allah and the Last Day: That is best, and most suitable for final determination. " (AI Nisa :59

There is no obedience if the action or rule of the Khalifah is un-lslamic, it is the job of the court to decide if it is Islamic or not.

Expressing dissatisfaction in the governors.

The nation (ummah) has the right to ask the Khalifah to change a governor of the State if it is dissatisfied with him. This right was freely exercised in the early period of Islam, and history has preserved for us some immortal precedents in this connection.

During the reign of Umar ibn al-Khattab (RA) the people of Kufar continually complained about their leaders and Umar would replace them at their request. Often their complaints were without foundation or sour grapes about nothing, never the less, Umar would change the Amir he had appointed. A classic example of the way in which Umar would consult with people to see if they were happy with their amir is the case of Said ibn Amir al-Jumahi.

Not long after installing Said as the Amir of Homs (called little Kufar because like kufar its inhabitants complained a lot about their leaders) Umar (RA) went to examine the conditions there. On arrival he asked the people what they thought of their Amir, they complained mentioning four of his actions. On hearing their complaints Umar ordered that Said be brought and they all sat together. In front of Said, Umar asked what complaints they had against him. They said,

" He only comes out to us when the sun is already high. "

"What do you say to that, Said ?” asked Umar.

After a brief silence, Said answered : By Allah, I did not want to say this but it seems that I have no choice. My family does not have a home help, so I get up every morning and prepare dough for bread. I wait a little until it rises and then bake for them. I then make wudu (ablutions) and go out to the people."

“What’s your other complaint asked Umar?"

“He does not answer anyone at night." they said.

Said again with reluctance answered,

" By Allah, I did not want to disclose this, but I have left the day for them and the night for Allah, Great and Sublime is He."

“And your other complaint ?” asked Umar.

" He does not come out to us for one day in every month," they said.

To this Said replied,

" I do not have a home help, 0 Amir al-Mu'mineen and I do not have any clothes except what's on me. This I wash once a month and I have to wait for it to dry, then I go out in the latter part of the day."

" Any other complaints about him ? 'asked Umar.

“From time to time, he blacks out in meetings," they said.

To this Said replied, " I witnessed the killing of Khubayb ibn Adiy when I was a Mushrik. I saw the Quraysh cutting him and saying, " would you like Muhammad to be in your place ?" to which Khubayb replied, " I would not wish to be safe and secure among my family while a thorn hurts Muhammad." By Allah, whenever I remember that day and how I failed to come to his aid, I only think that Allah would not forgive me and I black out."

If only we had such trivial complaints to make of our leaders, we would really be living under the rightly guided Khilafah on the model of old. The Majlis ash-Shura has the right to express dissatisfaction in the governors and officials of State - whatever the reason, as we have seen, and its views in this matter is binding on the Khalifah who has to discharge the official at once.

Selecting candidates for the Khilafah.

In the event of the Khalifah dying or being removed from office, the job of selecting a list of suitable candidates for the position of Khalifah will fall on the Majlis ash-Shura. Once again, in this matter their decision is final, and no one outside of this list can be accepted as candidate. The Majlis ash-Shura in this task, as in all the others, acts in the capacity as representatives of the community.

Conclusion.

Shura in Islam is a fundamental feature of the Khilafah ruling system and Khalifah who neglects to consult is negligent. However quite unlike democracy, shura is not the basis of the ruling system. The basis of the ruling system in Islam is the divine law (hokm sharia). In other words, legislation in the Khilafah system is not the outcome of the decisions of the Majlis ash-Shura wherein the will of the Majlis is translated into law - but through application of the Qur’an and Sunnah to the problems of life as extracted by the eminent scholars of Islam and adopted by the Khalifah.

The nation gives the oath of allegiance (baya) to the Khalifah for him to rule them by his understanding of the divine law.

The function of the Majlis ash-Shura is to give advice to the Khalifah and not to rule. Islam is not democracy and Shura should not be used as a subterfuge for it.

Al-Fajr Magazine