Shora (Consultation) in the Light of the Quranic Verses
A group of jurists believes that consultation is obligatory for the ruler, and the verses and hadiths mentioned in this regard are beneficial and obligatory. The most famous proponents of this opinion from ancient times are Abu Bakr al-Jassas al-Hanafi, Ibn ‘Atiyah, Abu Bakr ibn ‘Arabi al-Maliki, and Ibn Taymiyyah al-Hanbali. Commentators of this opinion have also reported from al-Hasan al-Basri, Ibn Muzahim, and Sufyan ibn ‘Uyaynah, may Allah have mercy on them. Most contemporary writers emphasize that this matter is close to being unanimously accepted and argue for it based on the following reasons: as Allah says: «وَشَاوِرْهُمْ فِى الْأَمْرِ» (And consult them in the matter).
Imam Shawkani states: “It has been said that the word consult in this verse is meant to serve as a reprimand, and it is expressed for the sake of their well-being. The command to consult is a form of respect that is obligatory. Arguing for the obligation of this verse is permissible when we accept that it is not specific to the Messenger of Allah and Allah, or that his special address also includes the nation and the leaders.”
Ibn Taymiyyah asserts: “However, the command does not eliminate the need for consultation, because Allah has commanded His Prophet to do so.” He cites this verse to support his claim.
Qurtubi quotes Ibn Atiyyah as stating that neglecting consultation can justify dismissing the Imam and the head of state. Ibn Atiyyah asserts: “Consultation is one of the foundations of Sharia (the establishment of rulings); any ruler who does not consult with the people of knowledge and religion must be dismissed without objection.” Just as Allah has made consultation obligatory for the infallible messenger and the one who confirms the revelation, it is obligatory for others in the same manner. Allah praises the believing servants: «وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَى بَيْنَهُمْ وَمِمَّارَزَقْنَاهُمْ يُنْفِقُونَ» (And those who respond to their Lord and establish prayer, and His command is consultation among them, and they spend from what We have provided for them).
Allah commends them for their best qualities, which entail obeying Allah’s commands; then He associates consultation with performing prayer and paying zakat, which are two important and fundamental pillars of Islam. This association serves as evidence of the great significance of consultation as a pillar of Islam.
He also cites the necessity of consultation from the practice of the Prophet (peace and blessings of Allah be upon him). Abu Hurairah (may Allah be pleased with him) said: “I have never seen anyone who consults and exchanges views with his Sahaba more than the Prophet.” During the Battle of Badr, the Messenger of Allah (peace and blessings of Allah be upon him) consulted his Sahaba by saying: “O people, present your views to me.”
Similarly, during the Battle of Uhud, he consulted his Sahaba about leaving Medina or staying there. Some suggested leaving, and he decided to leave the city for Uhud based on their suggestion.
Bukhari also mentions the Prophet’s (peace and blessings of Allah be upon him) consultation with his Sahaba during the Treaty of Hudaybiyyah. When he sent a person as an informer from Khuza’ah to bring him news… The informer returned and said that the Quraysh had gathered an army against them, uniting forces from all over Quraysh with the intent to fight and prevent them from entering Makkah. The Holy Prophet (peace and blessings of Allah be upon him) said: “O people, what is your opinion? Do you suggest that we should attack these women and children who prevent us from visiting the House of Allah?” Hazrat Abu Bakr (may Allah be pleased with him) responded: “O Messenger of Allah, you came from Medina with the intention of visiting the House of Allah; we do not intend to kill or fight anyone. We will proceed towards them, and if anyone prevents us, we will fight.” The Holy Prophet (peace and blessings of Allah be upon him) said: “Go forth with the blessing of Allah.”
Shora in the Light of Hadiths
“Hazrat Abu Hurairah, may Allah be pleased with him, said: I have not seen anyone who consults with his Sahaba more than the Holy Prophet, may Allah bless him and grant him peace.”
“Hazrat Ali, may Allah be pleased with him, narrated from the Holy Prophet, may Allah bless him and grant him peace, that he said: If I were to make someone Amir without consulting the Muslims, I would make him the son of the mother of Abd (Abdullah bin Masoud).”
Hazrat Abu Ghunam Ash’ari, may Allah be pleased with him, narrated from the Holy Prophet, may Allah bless him and grant him peace, that he said to Abu Bakr and Umar: “If both of you agree on an issue, I will not oppose you.”
“Hazrat Abu Hurairah (may Allah be pleased with him) narrated from the Messenger of Allah (peace and blessings of Allah be upon him) that he said: If your leaders are the best among you, your wealthy are generous and virtuous, and your affairs are conducted based on consultation, then the earth is better for you than its interior; and if your rulers are the worst among you, and your rich are stingy, and your affairs are entrusted to your women, then the interior of the earth is better for you than its exterior.”
The Holy Prophet (peace and blessings of Allah be upon him) frequently consulted with his Sahaba on various issues and occasions throughout his blessed life. With his words: «أشيروا على أيها الناس» (O people, give me advice), he encouraged them to share their opinions on the topic at hand.
It is narrated from Anas and Ibn Umar (may Allah be pleased with them) that at the beginning of the migration to Medina, people used to determine prayer times according to their guesses, as the call to prayer had not yet become a defined practice. One day, a consultation was held on this issue. Some people suggested the “bugle” used by the Jews, while others proposed the “bell” used by Christians. However, Hazrat Umar (may Allah be pleased with him) suggested appointing a person to call people to prayer vocally during the prayer, and that became the decision made from this consultation, with the Messenger of Allah (peace and blessings of Allah be upon him) agreeing to it. He selected Hazrat Bilal (RA) for this responsibility.
Hazrat Bilal (RA) would also call out to the people when the congregational prayer was about to begin: “O people, the congregational prayer is ready.” Later, Abdullah bin Zaid (RA) recited the words of the call to prayer, which are common today, after seeing and hearing them in his dream. He presented those words to the Messenger of Allah (may Allah bless him and grant him peace), who approved them. Subsequently, a revelation came confirming this.
Allama Ibn Hajar, may Allah have mercy on him, said: “The words chosen to announce the call to prayer (Azan) were inspired by the dreams of some Sahaba. This hadith evidences the principle that if consultation is conducted on significant matters, it is approached in a religious manner.”