Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 33)
Shura (Consultation)
Shura is one of the important principles of the Islamic political system. From one perspective, the political system in Islam is a consultative form of governance, meaning that governance proceeds through consultation. Shura is a fundamental principle in all areas of the Islamic political and social system. It is also essential for the proper functioning of state institutions, their overall activities, and their Islamic identity. The Holy Quran commands Muslims to make decisions regarding public and other matters after consultation, making Shura obligatory, because, like the commands that establish prayer and zakat as obligations, Shura is also a direct Quranic command. Even the Messenger of Allah (PBUH), who received special guidance from Allah, always consulted the Companions, tribal representatives, and his followers before making decisions. His successors were likewise strong supporters of the consultative institution. In this regard, Sharia neither restricts Shura to religious matters nor prescribes a specific form or detailed procedures for it. Rather, Sharia leaves the way open for Muslims to choose the most appropriate method according to their circumstances of time and place. The absence of a prescribed form for Shura indicates the need for continuous and time-sensitive legislation. Such legislation concerns implementation and other matters that Sharia has not specifically addressed, just as it provides general foundational principles for other matters without setting out detailed laws. In both cases, qualified scholars are responsible for deriving appropriate legal positions through Ijtihad on matters that require detailed legislation; of course, these views and rulings must be consistent with the spirit of Sharia. Clearly, legislation must not contradict the spirit of Sharia.
There are various examples from the early period of Islam regarding the legislative authority of the state. The Messenger of Allah (PBUH) himself consulted the Companions before making decisions on matters that Sharia had not addressed or had addressed only in general terms. The views of Abu Bakr and Umar regarding the prisoners of the Battle of Badr are among the many examples of this. By entrusting the matter to the Muslims and consulting them, Prophet Muhammad (PBUH) demonstrated that he wanted them to participate freely in making decisions concerning such an important matter. The successors of the Messenger of Allah (PBUH) likewise continued his practice in different ways and through various methods.
It should be remembered that saying that sovereignty belongs to Allah means that, in Islam, Allah is the ultimate ruler of the state. Sovereignty itself is not Allah; rather, Allah has established sovereignty within Sharia. The Islamic state is therefore also subject to the limits of Sharia. In practice, the authority of the Islamic state is governed by Sharia, and Sharia limits governmental power and regulates its responsibilities. Restricting governmental power to Sharia constitutes a form of religious governance.
Therefore, Allah is the Lawgiver, which places the Islamic system in contrast with democracy, in which people make laws for themselves. Since Sharia does not provide detailed regulations for every aspect of life and remains silent on certain matters, such as the method of Shura, as well as other matters including the structures and responsibilities of government, the mutual responsibilities of the state and the people, relations among citizens, and relations between the state and other states in the international community, this indicates the need for continuous and time-sensitive legislation. Muslims are permitted to legislate regarding matters that Sharia has not addressed, as well as matters for which it has provided general foundational principles without detailed rulings. However, this does not mean that people are free to enact and implement whatever laws they wish, as in democracy, where people legislate for themselves. In Islam, qualified scholars formulate laws on the basis of Sharia, whereas in democracy, people legislate according to their own desires, even when the human will is not fundamentally based on religion. Sharia and its spirit, however, are connected with sound human reason. Islam and democracy are rivals and remain fundamentally opposed to one another.
Linguistic Meaning of Shura
Ibn Manzur states that Shura comes from al-Shura. For example, “shara al-asal yashuruhu shuran” refers to extracting something from its place or drawing it out from a cavity.
Al-shawr refers to presenting and revealing something. Abu Zayd says that when a matter becomes clear and luminous, it is said istashara amrahu. Al-shura and al-mashura, with the letter shin pronounced with a damma, mean consultation; shawartuhu fi al-amr means “I consulted him regarding the matter.” A person may be described as worthy of consultation concerning good or evil. Shawarah, mushawaratan, shuran, and wastasharahu mean to seek his advice. Ashara al-rajul means that the man made a gesture with his hand. Ashara alayhi bi al-ray means that he expressed his opinion to him. [1]
It can be observed that the meanings of Shura revolve around expressing, extracting, presenting, directing, approving, discovering, and clarifying. All these meanings are intended and relevant, and they are suitable for the subject under discussion. The purpose of Shura is to extract opinions and seek the correct, sound, and appropriate view. It also means properly directing the affairs of a community by presenting matters, uncovering their hidden dimensions, revealing their underlying aspects, and clarifying their intended meanings, so that through this process a correct and sound position can be reached.
Terminological Meaning of Shura
“Shura” is an authentic Quranic term and serves as a political principle and an administrative method through which the various dimensions and aspects of life are addressed. In addition, Shura expresses the right of the Muslim Ummah to participate collectively and responsibly in managing public affairs. In order to understand the technical meaning of Shura, it is necessary to mention some statements of jurists and Quranic commentators concerning it.
Al-Raghib al-Isfahani says, “Shura is the extraction of an opinion through referring one person to another.” [2]
Ibn Qudamah al-Maqdisi says, “Shura is the extraction of evidence and knowledge of the truth.” [3]
Al-Kasani gives another definition, saying, “Consultation in seeking the truth is considered a form of striving in the cause of Allah and is a means of reaching the correct path.” [4]
The author of Al-Mubdi says, “Shura is the convergence of opinions in order to attain what is beneficial.” [5]
Dr. Muhammad Salim al-Awwa defines Shura as follows: “The approval of resolutions and the making of decisions in light of the opinions of specialists regarding any matter of public concern.” [6]
To be continued…
References:
[1] Fiqh Siyasi, p. 51.
[2] Mufradat, p. 270.
[3] Al-Mughni, vol. 9, p. 52.
[4] Bada’i al-Sana’i, vol. 7, p. 12.
[5] Al-Mubdi Sharh al-Muqni, vol. 3, p. 339.
[6] Al-Nizam al-Siyasi lil-Dawlah al-Islamiyyah, p. 179.
Shura
